Resolution 2022-12 Resolution No. 2022-12
A RESOLUTION APPROVING AN AGREEMENT FOR THE NEW CITY HALL &
POLICE FACILITY RENOVATION WITH LITE CONSTRUCTION INC.,
MONTGOMERY,IL IN AN AMOUNT NOT TO EXCEED $5,889,000.00
WHEREAS,the United City of Yorkville, Kendall County, Illinois (the"City")is a duly
organized and validly existing non homerule municipality created in accordance with the
Constitution of the State of Illinois of 1970 and the laws of the State; and
WHEREAS,the City's issued a Request for Proposal for the New City Hall and Police
Facility Renovation and received six proposals in response thereto; and,
WHEREAS,the City reviewed said proposals and determined that the proposal from
Lite Construction Inc. of Montgomery, Illinois(the "Contractor")was the lowest bid and
therefore it would be in the best interest of the City;
that to enter into an Agreement with the Contractor as hereinafter provided.
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 AGREEMENT FOR THE NEW CITY HALL & POLICE
FACILITY RENOVATION with Lite Construction Inc. of Montgomery, Illinois attached hereto
and made a part hereof by this reference be and is hereby approved, and John Purcell, Mayor,
and Jori Behland, City Clerk, be and are hereby authorized to execute said Contract on behalf of
the United City of Yorkville.
Section 2. That this resolution shall be in full force and effect upon its passage and
approval as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
8th day of March, A.D. 2022.
CIT CLERK
Resolution No.2022-12
Page 1
KEN KOCH AYE DAN TRANSIER AYE
ARDEN JOE PLOCHER AYE CRAIG SOLING AYE
CHRIS FUNKHOUSER AYE MATT MAREK AYE
SEAVER TARULIS AYE JASON PETERSON AYE
APPROVED by me, as Mayor Pro-Tern of the United City of Yorkville, Kendall
County, Illinois this ate day of IAA Ct' C/V) , A.D. 2022.
//
(ORPRO-TEM
Attest:
CIT CLERK
Resolution No.2022-12
Page 2
UNITED CITY OF YORKVILLE
800 GAME FARM ROAD
YORKVILLE, ILLINOIS 60560
AGREEMENT
THIS AGREEMENT made this 8th day of March , 2022, by and between
t e United City of Yorkville, an.Illinois municipal corporation hereinafter called the "City" and
a+2 ( n .--1'Y<_)0A-tclym , . ...Inc....1 , located at - (yam, tL,
hereinafter called the"Contractor". c)
WITNESSETH:
WHEREAS, the City's issued a Request for Proposal for the New City Hall and Police
Facility Renovation;and,
WHEREAS, the City has reviewed the six proposals received and has determined that
the proposal from Lite Construction Inc.,of Montgomery,Illinois(the"Contractor")is the lowest
bid ; and,
WHEREAS, the City Council has also determined that the.Contractor has the means and
the experience to perform the work therefore is prepared to enter into an Agreement with the
Contractor as hereinafter provided.
NOW,THEREFORE,for and in consideration of their mutual promises and agreements,
the parties hereto do hereby agree as follows:
II.TERMS AND CONDITIONS
1. MUNICIPAL ORDINANCES
1.1. The Contractor hereby agrees to supply all materials and perform all work in
accordance with the costs,plans and specifications and conditions as specified in the Request for
Proposal for the New City Hall and Police Facility Renovation,a copy of which is attached hereto
and made a part hereof by this reference. The Contractor futher agrees to strictly comply with all
ordinances of the awarding municipality and laws of the State of Illinois.
2 USE OF MUNICIPAL NAME
2.1 The Contractor is specifically denied the right of using in any form or medium the
name of the City for public advertising unless express permission is granted by the respective
municipality.
3. INDEMNITY AND HOLD HARMLESS AGREEMENT
3.1 To the fullest extent permitted by law, the Contractor shall indemnify, keep and
hold harmless the City and its agents, officers, and employees, against all injuries, deaths, losses,
damages, claims, suits, liabilities,judgments, costs and expenses, which may arise to the extent
directly or indirectly from any negligence or from the reckless or willful misconduct of the
Contractor, its employees, or its subcontractors, and the Contractor, its employees, or its
subcontractors, and the Contractor shall at its own expense, appear, defend and pay all reasonable
charges of attorneys and all costs and other expenses arising therefrom or incurred in connection
therewith,and, if any judgment shall be rendered against the City in any such action,the Contractor
shall,at its own expense, satisfy and discharge the same. This Agreement shall not be construed
as requiring the Contractor to indemnify the City for its own negligence or that of third parties.
The Contractor shall indemnify, keep and save harmless the City only to the extent where a loss
was caused by the negligent,willful or reckless acts or omissions of the Contractor, its employees,
or its Subcontractors
3.2 The rights granted to Contractor under the Agreement shall be exclusive.The City
may, in its sole discretion, enforce the exclusivity provisions of the agreement against third-party
violators,taking into account the cost of doing so and other factors. Contractor may independently
enforce the exclusivity provisions of the Agreement against third-party violators, including, but
not limited to, seeking injunctive relief and/or damages, and the City shall use good-faith efforts
to cooperate in such enforcement actions brought by Contractor.The City shall use its best efforts
to adopt ordinances, rules or regulations that have the effect of requiring third parties, including,
without limitation,customers,to comply with the provisions of the Agreement, including,without
limitation, the exclusive service rights granted to Contractor pursuant to the Agreement.
4. NONDISCRIMINATION
4.1 Contractor shall, as a party to a public Agreement:
(a) Refrain from unlawful discrimination in employment and undertake affirmative
action to assure equality of employment opportunity and eliminate the effects of past
discrimination;
(b) By submission of this proposal, the Contractor certifies that he is an "equal
opportunity employer"as defined by Section 2000(e)of Chapter 21,Title 42,U.S.Code Annotated
and Executive Orders#11246 and#11375,which are incorporated herein by reference. The Equal
Opportunity clause,Section 6.1 of the Rules and Regulations of the Department of Human Rights
of the State of Illinois, is a material part of any Agreement awarded on the basis of this proposal.
4.2 It is unlawful to discriminate on the basis of race, color, sex, national origin,
ancestry, age, marital status, sexual orientation, physical or mental handicap or unfavorable
discharge for military service. Contractor shall comply with standards set forth in Title VII of the
Civil Rights Act of 1964, 42 U.S.C. Secs. 2000 et seq., The Human Rights Act of the State of
Illinois,775 ILCS 5/1-101 et.seq.,and The Americans With Disabilities Act,42 U.S.C. Secs. 12101
et. seq.
5. SEXUAL HARASSMENT POLICY
5.1 The Contractor, as a party to a public Agreement, shall have a written sexual
harassment policy that:
5.1.1 Notes the illegality of sexual harassment;
5.1.2 Sets forth the State law definition of sexual harassment;
5.1.3 Describes sexual harassment utilizing examples;
5.1.4 Describes the Contractor's internal complaint process including penalties;
5.1,5 Describes the legal recourse, investigative and complaint process available through
the Illinois Department of Human Rights and the Human Rights Commission and how to contact
these entities; and
5.1.6 Describes the protection against retaliation afforded under the Illinois_Human
Rights Act.
6. EQUAL EMPLOYMENT OPPORTUNITY
6.1 In the event of the Contractor's non-compliance with the provisions of this Equal
Employment Opportunity Clause,the Illinois Human Rights Act or the Rules and Regulations of
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the Illinois Department of Human Rights ("Department"), the Contractor may be declared
ineligible for future Agreements or sub agreements with the State of Illinois or any of its political
subdivisions or municipal corporations, and the Agreement may be canceled or voided in whole
or in part, and such other sanctions or penalties may be imposed or remedies invoked as provided
by statute or regulation. During the performance of this Agreement, the Contractor agrees as
follows:
6.1.1 That it will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, marital status, national origin or ancestry, age, physical or
mental handicap unrelated to ability, sexual orientation, sexual identity or an unfavorable
discharge from military service;and further that it will examine all job classifications to determine
if minority persons or women are underutilized and will take appropriate affirmative action to
rectify any such underutilization.
6.1.2 That, if it hires additional employees in order to perform this Agreement or any
portion thereof, it will determine the availability (in accordance with the Department's Rules and
Regulations) of minorities and women in the area(s)from which it may reasonably recruit, and it
will hire for each job classification for which employees are hired in such a way that minorities
and women are not underutilized.
6.1.3 That, in all solicitations or advertisements for employees placed by it or on its
behalf, it will state that all applicants will be afforded equal opportunity without discrimination
because of race, color, religion, sex, marital status, national origin or ancestry, age, physical or
mental handicap unrelated to ability,or an unfavorable discharge from military services.
6.1.4 That it will send to each labor organization or representative of workers with which
it has or is bound by a collective bargaining or other agreement or understanding,a notice advising
such labor organization or representative of the Contractor's obligations under the Illinois Human
Rights Act and the Department's Rules and Regulations. If any such labor organization or
representative fails or refuses to cooperate with the Contractor in its efforts to comply with such
Act and Rules and Regulations, the Contractor will promptly so notify the Department and the
contracting agency and will recruit employees from other sources when necessary to fulfill its
obligations thereunder.
6.1.5 That it will submit reports as required by the Department's Rules and Regulations,
furnish all relevant information as may from time to time be requested by the Department or the
contracting agency, and in all respects comply with the Illinois Human Rights Act and the
Department's Rules and Regulations.
6.1.6 That it will permit access to all relevant books, records,accounts and work sites by
personnel of the contracting agency and the Department for purpose of investigation to ascertain
compliance with the Illinois Human Rights Act and the Department's Rules and Regulations.
6.1.E That it will include verbatim or by reference the provisions of this clause in every
sub agreement it awards under which any portion of the Agreement obligations are undertaken or
assumed,so that such provisions will be binding upon such subcontractor. In the same manner as
with other provisions of this Agreement, the Contractor will be liable for compliance with
applicable provisions of this clause by such subcontractors;and further it will promptly notify the
contracting agency and the Department in the event any subcontractor fails or refuses to comply
therewith. In addition, the Contractor will not utilize any subcontractor declared by the Illinois
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Human Rights Commission to be ineligible for Agreements or sub agreements with the State of
Illinois or any of its political subdivision or municipal corporations.
7 DRUG FREE WORKPLACE
7.1 Contractor,as a party to a public Agreement,certifies and agrees that it will provide
a drug free workplace by:
7.2 Publishing a statement: (1) Notifying employees that the unlawful manufacture,
distribution, dispensation, possession or use of a controlled substance, including cannabis, is
prohibited in the City's and Contractor's workplace. (2) Specifying the actions that will be taken
against employees for violations of such prohibition. (3) Notifying the employee that, as a
condition of employment on such contact or grant,the employee will: (A) abide by the terms of
the statement; and (B) 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.
7,3 Establishing a drug free awareness program to inform employees about: (1) the
dangers of drug abuse in the workplace; (2) the City's, or Contractor's policy of maintaining a
drug free workplace; (3) any available drug counseling, rehabilitation and employee assistance
programs; (4)the penalties that may be imposed upon employees for drug violations.
7.4 Providing a copy of the statement required above to each employee engaged in the
performance of the Agreement or grant and to post the statement in a prominent place in the
workplace.
7.5 Notifying the contracting or granting agency within ten (10) days after receiving
notice of any criminal drug statute conviction for a violation occurring in the workplace no later
than five (5) days after such conviction from an employee or otherwise receiving actual notice of
such conviction,
7.6 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.
7.7 Assisting employees in selecting a course of action in the event drug counseling,
treatment and rehabilitation is required and indicating that a trained referral team is in place.
7.8 Making a good faith effort to continue to maintain a drug free workplace through
implementation of the Drug Free Workplace Act.
8. PREVAILING WAGE ACT
8.1 Contractor agrees to comply with the Illinois Prevailing Wage Act,820 ILCS 130/1
et seq., for all work completed under this Agreement. Contractor agrees to pay the prevailing wage
and require that all of its subcontractors pay prevailing wage to any laborers,workers or mechanics
who perform work pursuant to this Agreement or related sub agreement.
8.2 Contractor and each subcontractor shall keep or cause to be kept an accurate record
of names, occupations and actual wages paid to each laborer, workman and mechanic employed
by the Contractor in connection with the Agreement. This record shall be open to inspection at all
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reasonable hours by any representative of the City or the Illinois Department of labor and must be
preserved for four(4)years following completion of the agreement.
9. SAFETY PRECAUTION AND PROGRAMS
9.1 The Contractor expressly agrees that he is in charge of and in control of the Work
and he shall have sole exclusive responsibility.Neither the City nor the Architect is in charge of
the Work or in control of the Work. The Architect's services are for the purpose of observation to
compare conformance of the Work against the Agreement Documents and to call the attention of
the Contractor to any deviations therefrom. The obligation of the Contractor under Section 10.1.1
of 006001 Supplementary Conditions to General Conditions of the Agreement for Construction
shall be construed to include, but not be limited to injury or damage upon failure to use or misuse
by the Contractor, his agents and employees of any scaffold,hoist,crane,stay, ladder, support of
other mechanical contrivance erected or constructed by any person or any or all other kinds of
equipment,whether or not owned or furnished by the Contractor.The Contractor expressly agrees
that he is exclusively responsible for compliance with OSHA and local regulations for construction
and that he is the "employer" within the meaning of those regulations. Any provision in the
Agreement Documents in conflict with this paragraph shall be null and void.
9,2 All Contractors and Subcontractors of any tier will be required to comply with the
provisions of the"Construction Safety Act"and the"Occupational Safety and Health Act of 1970",
the general conditions, as well as all other applicable Federal, State, and local requirements. Each
Contractor shall be responsible for the payment of all fines levied against the Owner,
Architect/Engineers, or Construction Manager for deficiencies relating to the safety of the
Contractor's work
10. BACKGROUND CHECKS
10.1 All laborers, workman and mechanics employed by the Contractor in connection
with the agreement are required to submit a Security Clearance Synopsis form, attached as an
exhibit. The form should be submitted previous to background check conducted by Yorkville
Police Department,upon results the employed will be given clearance to enter work site.
11. INSURANCE REQUIREMENTS—
11.1 Prior to the beginning of the agreement period, Contractor and any Subcontractors
shall procure, maintain and pay for such insurance as will protect against claims for bodily injury
of death, or for damage to property, including loss of use, which may arise out of operations by
the Contractor or Subcontractor or any Sub-Sub Contractor or by anyone employed by any of
them, or by anyone for whose acts any of them may be liable. Such insurance shall not be less
than the greater of coverages and limits of liability specified below for each municipality or any
coverages and limits of liability specified in the Agreement Documents or coverages and limits
required by law unless otherwise agreed to by the City.
(All amounts listed are per municipality)
Workers Compensation $1000,000 Statutory
Employers Liability $1,000,000 Each Accident
$1,000,000 Occupational Disease
Comprehensive General Liability $1,000,000 Each Occurrence
$2,000,000 Aggregate
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$50,000 Fire Damage
$5,000 Medical Expenses
$1,000,000 Personal Injury
$2,000,000 Completed Ops, Agg
Commercial Automobile $1,000,000 Each Accident
Liability
Umbrella Liability $ 5,000,000 Each Occurrence
11.2 Commercial General Liability Insurance required under this paragraph shall be
written on an occurrence form and shall include coverage for Products/Completed Operations,
Personal Injury with Employment Exclusion (if any) deleted, Blanket XCU and Blanket
Contractual Liability insurance applicable to defense and indemnity obligations and other
contractual indemnity assumed under the Agreement Documents.
11.3 Comprehensive Automobile Liability Insurance required under this paragraph shall
include coverage for all owned,hired and non-owned automobiles.
11.4 Workers Compensation coverage shall include a waiver of subrogation against the
City.
11.5 Comprehensive General Liability, Employers Liability and Commercial
Automobile Liability Insurance may be arranged under single policies for full minimum limits
required,or by a combination of underlying policies with the balance provided by Umbrella and/or
Excess Liability policies.
11.6 Contractor and all Subcontractors shall have their respective Comprehensive
General Liability (including products/completed operations coverage), Employers Liability,
Commercial Automobile Liability, and Umbrella/Excess Liability policies endorsed to add the
"City of Yorkville,their officers,officials,employees and volunteers"as"additional insured" with
respect to liability arising out of operations performed; claims for bodily injury or death brought
against City by any Contractor of Subcontractor employees, or the employees of Subcontractor's
subcontractors of any tier, however caused, related to the performance of operations under the
Agreement Documents. Such insurance afforded to the City shall be endorsed to provide that the
insurance provided under each policy shall be Primary and Non-Contributory.
11.7 Contractor and all Subcontractors shall maintain in effect all insurance coverages
required by the Agreement at their sole expense and with insurance carriers licensed to do business
in the State of Illinois and having a current A. M. Best rating of no less than A-VIII. In the event
that the Contractor or any Subcontractor fails to procure or maintain any insured required by the
Agreement Documents, the City may, at its option, purchase such coverage and deduct the cost
thereof from any monies due to the Contractor or Subcontractor, or withhold funds in an amount
sufficient to protect the City,or terminate this Agreement pursuant to its terms.
11.8 All insurance policies shall contain a provision that coverages and limits afforded
hereunder shall not be canceled, materially changed, non-renewed or restrictive modifications
added, without thirty (30) days prior written notice to the City. Renewal certificates shall be
provided to the City not less than five(5)prior to the expiration date of any of the required policies.
All Certificates of Insurance shall be in a form acceptable to City and shall provide satisfactory
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evidence of compliance with all insurance requirements. The City shall not be obligated to review
such certificates or other evidence of insurance,or to advise Contractor or Subcontractor of any
deficiencies in such documents, and receipt thereof shall not relieve the Contractor or
Subcontractor from, nor be deemed a waiver the right to enforce the terms of the obligations
hereunder.
12. COPYRIGHT/PATENT INFRINGEMENT
12.1 The Contractor agrees to indemnify,defend,and hold harmless the City against any
suit, claim, or proceeding brought against the City for alleged use of any equipment, systems, or
services provided by the Contractor that constitutes a misuse of any proprietary or trade secret
information or an infringement of any patent or copyright.
13. COMPLIANCE WITH OSHA STANDARDS
13.1 Equipment supplied to the City must comply with all requirements and standards
as specified by the Occupational Safety and Health Act. All guards and protectors as well as
appropriate markings will be in place before delivery. Items not meeting any OSHA specifications
will be refused.
14. [Section purposefully left blank]
15. TERMINATION OF AGREEMENT
15.1 The City reserves the right to terminate the whole or any part of this Agreement,
upon ten(10)days'written notice to the Contractor,in the event of default by the Contractor unless
such alleged default has been cured by Contractor within said ten (10) day period. Default is
defined as failure of the Contractor to perform any of the provisions of this Agreement or failure
to make sufficient progress so as to endanger performance of this Agreement in accordance with
its terms. In the event that the Agreement fails to cure the default upon notice,and the City declares
default and termination, the City may procure, upon such terms and in such manner as the City
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 City that failure to perform the Agreement was due to causes beyond the control
and without the fault or negligence of the Contractor. Any such excess costs incurred by the City
may be set-off against any monies due and owing by the City,respectively, to the Contractor.
16. BILLING& PAYMENT PROCEDURES
16.1 Separate invoices shall be sent to the City, for the City's customers. Payment will
be made by the City upon receipt of an invoice.Once an invoice has been verified,the invoice will.
be processed for payment in accordance with the municipality's payment schedule,policy and
procedures..
16.2 The City shall review, in a timely manner, each bill or invoice after its receipt. If
the City determines that the bill or invoice contains a defect making it unable to process the
payment request,the City shall notify the Contractor requesting payment as soon as possible after
discovering the defect pursuant to rules promulgated under 50 ILCS 505/1 et seq. The notice shall
identify the defect and any additional information necessary to correct the defect.
16.3 Please send all invoices for the City to the attention of City of Yorkville,Accounts
Payable, 800 Game Farm Road, Yorkville, IL 60560.
17. SCHEDULE OF VALUES
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17.1 The Contractor shall submit a sworn statement of persons furnishing materials and
labor before any payments are required to be made. Prior to the commencement of the Work,the
Contractor shall deliver to the Architect a Contractor's sworn statement duly executed and
acknowledged listing all Subcontractors together with a similar sworn statement of each
Subcontractor and, where appropriate, from subcontractors.
18. RELATIONSHIP BETWEEN THE CONTRACTOR AND THE CITY
18.1 The relationship between the City and the Contractor is that of a buyer and seller
of professional services and it is understood that the parties have not entered into any joint venture
or partnership with the other.
19. STANDARD OF CARE
19,1 Services performed by Contractor under this Agreement will be conducted in a
manner consistent with that level of care and skill ordinarily exercised by members of the
profession currently practicing in the same locality under similar conditions. No other
representations express or implied, and no warranty or guarantee is included or intended in this
Agreement, or in any report, opinions, and documents or otherwise.
19.2 If the Contractor fails to meet the foregoing standard, Contractor will perform at its
own cost,and without reimbursement from the City,the professional services necessary to correct
errors and omissions caused by Contractor's failure to comply with the above standard and
reported to Contractor within one (1) year from the completion of Contractor's services for the
Project.
20. WARRANTY
20,1 Any defective Work or material shall be replaced or corrected to the satisfaction of
the City immediately upon notification by the City at no cost to the City:The guarantee of repair
or replacement items shall be renewed for an additional two (2)years upon the completion of the
repair or replacement.
20.2 Certain guarantees are required under various sections of the specifications.At the
completion of the Work, all such guarantees covering materials, workmanship,maintenance, etc.,
as specified, shall be secured from the various Subcontractors and Materialmen of the Contractor,
and forwarded to the General Contractor,together with a letter addressed to the City summarizing
the guarantees,stating the character of the Work,the Subcontractor,name of material or equipment
Seller,period of guarantee and conditions of guarantee.
21. PROGRESS AND COMPLETION'
21.1 The Contractor shall reimburse the City for all Architect's fees for additional.
services and for all other fees for services necessitated by Contractor's failure to achieve
Substantial Completion within the time established in the Agreement and for more than two
inspections for Substantial Completion or final inspection. Charges will be based on actual charges
accrued by the City as a result of the additional required time such as additional monitoring costs,
additional Owner's staff time, additional time of other required consultants' time, etc., which in
the sole judgment of the City is required.
22. SUBSTANTIAL COMPLETION
22.1 The Architect will perform no more than two (2) inspections to determine whether
the Work or a designated portion thereof has attained Substantial Completion in accordance with
the Agreement Documents.The City is entitled to reimbursement from the Contractor for amounts
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paid to the Architect for any additional inspections. Substantial competition is to include the
occupancy permit
23. GOVERNING LAW
23.1 This Agreement will be governed by and construed in accordance with the laws of
the State of Illinois without regard for the conflict of law's provisions. Venue is proper only in
the County of Kendall and the Northern District of Illinois.
24. SUCCESSORS.AND ASSIGNS
24.1 The terms of this Agreement will be binding upon and inure to the benefit of the
parties and their respective successors and assigns, provided, however, that neither party will
assign this Agreement in whole or in part without the prior written approval of the other. The
Contractor will provide a list of key staff,titles,responsibilities,and contact information to include
all expected sub-contractors.
25. WAIVER OF AGREEMENT BREACH
25.1 The waiver by one party of any breach of this Agreement or the failure of one party
to enforce at any time,or for any period of time, any of the provisions hereof will be limited to the
particular instance and will not operate or be deemed to waive any future breaches of this
Agreement and will not be construed to be a waiver of any provision except for the particular
instance.
26. WAIVER OF LIEN
261 Where applicable a waiver of lien and Contractor's affidavit must be submitted by
the successful Contractor,verifying that all subcontractors and material invoices have been paid
prior to the City approving final payment.
27. FINAL COMPLETION AND FINAL PAYMENT
27,1 The Architect will perform no more than two (2) inspections to determine whether
the Work or a designated portion thereof has attained Final Completion in accordance with the
Agreement Documents. The City is entitled to reimbursement from the Contractor for amounts
paid to the Architect for any additional inspections. Final competition is to include all completed
punch list items.
28. AMENDMENT
28.1 This Agreement will not be subject to amendment unless made in writing and
signed by all parties.
29. PRICE
29.1. Unit prices shall be shown for each unit on which there is a proposal as well as the
aggregate price and shall include all packing, crating freight and shipping charges, and cost of
unloading at the destination unless otherwise stated in the proposal.
29.2 Unit prices shall not include any local, state, or federal taxes. The City is exempt,
by law, from paying State and City Retailer's Occupation Tax, State Service Occupation and Use
Tax and Federal Excise Tax. The City will supply the successful Contractor with its tax exemption
number.
29.3 Cash discounts will not be considered in determining overall price but may be used
in an overall evaluation.
30. CHANGE ORDERS
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30.1 The Agreement price is a "not-to-exceed" cost. At any time additional work is
necessary or requested, and the,not-to-exceed price is increased thereby, any change,addition or
price increase must be agreed to in writing by all parties. The appropriate authorizing signature
for the City is the City Administrator.
31. SEVERABILITY OF INVALID PROVISIONS
31.1 If any provisions of this Agreement are held to contravene or be invalid under the
laws of any state, country or jurisdiction, contravention will not invalidate the entire Agreement,
but it will be construed as if not containing the invalid provision and the rights or obligations of
the parties will be construed and enforced accordingly.
32. NOTICE
32.1 Any notice will be in writing and will be deemed to be effectively served when
deposited in the mail with sufficient first-class postage affixed and addressed to the party at the
party's place of business. Notices shall be addressed to the City as follows:
To City:
City Administrator
City of Yorkville
800 Game Farm Road.
Yorkville,IL 60560
33. PROJECT DESCRIPTION
33.1 The United City of Yorkville is requesting proposals from qualified contractors to
provide labor and materials for the renovation of New City Hall and Police Facilities. Project
consist of site work, exterior cleaning, interior renovation, roof work, fire protection, millwork,
mechanical, electrical,and plumbing upgrades.
34. SCOPE OF WORK
34.1 The Contractor shall supply all required supervision, skilled labor,transportation,
new materials, apparatus, and tools necessary for the entire and proper completion of the work.
The Contractor shall supply, maintain, and remove all equipment used in renovation after
completion of the work.The Contractor is 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 City is not responsible for site safety. The Contractor is solely and exclusively responsible
for construction means, methods,and technologies.
35. SAMPLES
35.1 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
Contractor within thirty(30)days after notification
36. SHOP DRAWINGS,PRODUCT DATA AND SAMPLES
36.1 The Architect will review and return as appropriate action shop drawings only.
Architect will not review in detail or return requested calculations and/or related connection
details.
36.2' The Architect's review of Contractor's submittals will be limited to examination of
an initial submittal and one(1) resubmittal. The City is entitled to obtain reimbursement from the
Contractor for amounts paid to the Architect for evaluation of additional re-submittals.
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37. DELIVERY
37.1 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 Contractor,with concurrence by the City, for receipt of the materials.
The materials must be delivered as directed per the details listed within the proposal specifications.
Truck deliveries will be accepted 651 Prairie Point, Yorkville IL, 60560 between 7:00 AM and
3:30 PM,weekdays only.
38. SUPPLEMENTARY CONDITIONS
38.1. Wherever special conditions are written into the specifications or supplementary
conditions which are in conflict with conflict the conditions stated in these Instructions to
contractor, the conditions stated in the specifications or supplementary conditions shall take
precedence.
39. INSPECTION
39.1 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.
40. BID GUARANTEE/BID BOND
40.1 Each proposal shall be accompanied by proposal security, which shall be in the
form of a certified check or a bank cashier's check in the amount of ten percent (10%), made
payable to the City of Yorkville. Proposals submitted without the required security shall be
rejected. After formal written notification by the City that a Agreement award decision has been
made, the proposal security of the successful Contractor shall be forfeited to the City in the event
that the Contractor shall withdraw its proposal,or neglect or refuse to enter into a Agreement and
required bond, and the Contractor shall be liable for any damages the City may thereby suffer.
40.2 Proposal securities shall be released as follows: (1) The successful Contractor's
security shall be retained until the required performance bond ($500,000.00) has been furnished;
(2) Proposal securities of the proposing Contractors shall be held until the successful Contractor's
performance bond has been furnished, at which time the checks will be promptly returned to,the
unsuccessful Contractors. •
41. TERM OF AGREEMENT
41.1 The agreement shall commence upon the City Council's approval for the term set
at negotiations.The agreement may be extended on a monthly basis at the option of the City
in its sole and absolute discretion with the appropriation of funds for such services,for up to two
additional one-year periods.
42. PERFORMANCE,BOND
42.1 The Contractor shall provide a performance bond issued by a surety in an amount
of$500,000 to the City.
43. TAXES,LICENSES & PERMITS
43.1 The successful Contractor and their subcontractor(s) shall obtain, at their own
expense, all permits and licenses which may be required to complete the agreement. Fees for all
City permits and licenses shall be waived.
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44. DEFAULT
44.1 The City may terminate a agreement by written notice of default to the responder
if: 1. The Contractor fails to make delivery of the materials or perform the services within the
time specified in the proposal,or,2. Fails to make progress so as to endanger performance of the
agreement, or, 3. Fails to provide or maintain in full force and effect, the liability and
indemnification coverages or performance bond as required.
44.2 If the City terminates the agreement, 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 agreement was due to causes beyond the control and without the fault or
negligence of the Contractor.
45. STRIKES/FORCE MAJEURE
45.1 The Contractor shall be required to file proof with the City Administrator,or their
designee that it has a"no strike"provision for the duration of all collective bargaining agreements
with its workers. Upon execution of any new agreement, the Contractor shall forward to the City
Administrator within thirty (30) days thereafter, proof that said agreement also contains a "no
strike" clause.
IN WITNESS WHEREOF,the parties hereto have executed,or caused to be executed by
their duly authorized officials, this Agreement as of the day and year first above written:
OWN `.• ► ITED CITY OF YORKVILLE
iir• 'Pro +Ito.
Attest:
/
Clerk By: A • A
Signature' w
J
e t "Ili ( i l \iC-RS d-s . -{-
' Il . Print Name and Title
itness
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