HomeMy WebLinkAboutCapitol Cement Co. Inc. - 2024 Alley and Sidewalk Improvements To: Luke Stowe, City Manager From: Lara Biggs, Bureau Chief – Capital Planning and Engineering Bridget Nash, Senior Project Manager Subject: Approval of Contract Award with Capitol Cement Co., Inc. for the 2024 Alley and Sidewalk Improvements (Bid No. 24-21) Date: June 28, 2024 City Council authorized the City Manager to execute the construction contract for the 2024 Alley and Sidewalk Improvements project (Bid 24-21) on June 24, 2024. The Contractor Services Agreement is attached for your signature. The council memo and a copy of the council action are also attached for your reference. If you have any questions, please call Bridget Nash at extension 8102. Attachments: 1. Council Memo (for reference) 2. Council Action (for reference) 3. Contractor Services Agreement (for signature on page 40 of the PDF) Memorandum Doc ID: 06763ded165ed00620b9dbfb3ca1816887e2078c
Memorandum
To: Honorable Mayor and Members of the City Council
CC: Members of Administration and Public Works Committee
From: Bridget Nash, Senior Project Manager
CC: Edgar Cano, Public Works Agency Director; Lara Biggs, City Engineer
Subject: Approval of Contract Award with Capitol Cement Co., Inc. for the 2024
Alley and Sidewalk Improvements (Bid No. 24-21)
Date: June 24, 2024
Recommended Action:
Staff recommends that City Council authorize the City Manager to execute an agreement with
Capitol Cement Co., Inc. (6231 North Pulaski Road, Chicago, IL 60646) for the 2024 Alley
and Sidewalk Improvements (Bid No. 24-21) in the amount of $2,753,227.25.
Funding Source:
Funding is provided from the 2024 General Obligation (GO) Bond Fund in the amount of
$833,979.53; the Community Development Block Grant (CDBG) Fund in the amount of
$600,000.00; the Special Assessment Fund in the amount of $452,500.00; Cook County
Grant Funding in the amount of $400,000.00; the Sewer Fund in the amount of $258,467.00;
and American Rescue Plan Act (ARPA) Funds in the amount of $208,280.72. A detailed
funding analysis is included in the attached memo.
CARP:
Resilience Regulations
Council Action:
For Action
Summary:
This project consists of alley improvements at four locations, pedestrian crossing
improvements at four locations, sidewalk, and Americans with Disabilities Act (ADA)
improvements, including the installation of new sidewalk and removal and replacement of
existing sidewalk, and the installation of traffic-calming speed humps on various streets and
speed bumps in various alleys. The construction plans and specifications for the project were
completed by Capital Planning & Engineering Bureau staff.
Doc ID: 06763ded165ed00620b9dbfb3ca1816887e2078c
The locations included in this project and their individual scopes of work are as follows:
1. Special Assessment Alley – North of Leonard Place, East of Green Bay Road
Improvements to the existing unimproved alley include the installation of an 8-inch
thick concrete pavement, the installation of storm sewers, and related garage apron
restoration work.
2. Special Assessment Alley – North of Colfax Street, East of Bryant Avenue
Improvements to the existing unimproved alley include the installation of an 8-inch
thick concrete pavement, the installation of storm sewers, and related garage apron
restoration work.
3. CDBG Alley – North of Simpson Street, East of Ashland Avenue
Improvements to the existing unimproved alley include the installation of an 8-inch
thick concrete pavement, the installation of storm sewers, and related garage apron
restoration work. This project also includes a relief sewer extension from the alley west
on Payne Street for approximately 120 feet.
4. CDBG Alley – North of Lake Street, East of Darrow Avenue
Improvements to the existing unimproved alley include the installation of an 8-inch
thick concrete pavement, the installation of storm sewers, and related garage apron
restoration work.
5. Pedestrian Crossing Improvements – Grant Street and Grey Avenue
Improvements to the existing pedestrian crossing include sidewalk removal and
replacement, ADA ramps, and striping.
6. Pedestrian Crossing Improvements – Oakton Street and Callan Avenue
Improvements to the existing pedestrian crossing include the installation of a sidewalk
bump-out, ADA ramps, installation of solar-powered light-emitting diode (LED)
pedestrian crossing signs with push buttons, and striping.
7. Pedestrian Crossing Improvements – Thayer Street and Crawford Avenue
Improvements to the existing pedestrian crossing include the installation of a sidewalk
bump-out, ADA ramps, installation of solar-powered LED pedestrian crossing signs
with push buttons and striping.
8. Pedestrian Crossing Improvements – Washington Street and Asbury Avenue
Improvements to the existing pedestrian crossing include the installation of a sidewalk
bump-out, ADA ramps, relocation of the existing solar-powered LED pedestrian
crossing signs with push buttons, and striping.
9. Sidewalk Gap Infill – McDaniel Avenue between Golf Road and Simpson Street
Improvements include the installation of an ADA-compliant concrete sidewalk where
none currently exists and the associated driveway and landscape restoration.
10. Centennial Park Picnic Pads
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Improvements include the installation of an ADA-compliant concrete sidewalk, a
concrete picnic pad, and picnic accessories.
11. CDBG Sidewalk Improvements
Improvements include the removal and replacement of a deteriorated sidewalk
adjacent to Saint Francis Hospital.
12. Sidewalk Improvement Program
Improvements include the removal and replacement of deteriorated sidewalks in
Phase 1 locations (school walk routes and senior living facilities) throughout the City.
13. Traffic Calming – Speed Humps and Alley Bumps
Improvements include the installation of traffic-calming speed humps and alley speed
bumps at various locations throughout the City.
14. Transit Stops
Improvements include the installation of ADA-compliant concrete sidewalks at various
transit stops throughout the City.
Analysis:
This bid was advertised on Demandstar and in the Pioneer Press. Bids for the project were
received and publicly read on June 4, 2024. Two contractors submitted bids for this project as
follows:
The submitted bids cannot be withdrawn or canceled for a period of sixty (60) calendar days
following the bid opening. The bids were reviewed by Bridget Nash, Senior Project Manager.
The bid tabulation showing the detailed bid results is attached. The bid requires that the
awarded contractor be fully registered on sam.gov. Capitol Cement Co., Inc. has begun the
registration process. A contract will not be executed until the registration is complete.
The project is not eligible for the Local Employment Program (LEP) due to the use of CDBG
funds. The bid proposal requests a waiver from the M/W/D/EBE participation goal. A memo
reviewing compliance with the City’s M/W/D/EBE goals is attached.
Capitol Cement Co., Inc. has successfully completed various projects for the City, including
the 2022 and 2023 Alley Improvement projects. The staff has found their work to be
satisfactory. Therefore, staff recommends that the contract be awarded to Capitol Cement
Co., Inc. in the amount of $2,753,227.25.
Detailed Funding Summary:
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Attachments:
Bid Tabulation 24-21
BID 24-21 MWDEBE Alley and Sidewalk Improvements
Page 4 of 15 Doc ID: 06763ded165ed00620b9dbfb3ca1816887e2078c
DATE: June 4, 2024TIME: 2:15 P.M.SA 1530 - Alley North of Leonard Place, East of Green Bay RoadTOTALUNIT UNIT UNITQUANTITY PRICE PRICE PRICE1 EARTH EXCAVATION CU. YD. 583 $60.00 34,980.00$ $70.00 $40,810.00 $75.00 $43,725.002 TRENCH BACKFILL CU. YD. 439 $38.00 16,682.00$ $5.00 $2,195.00 $60.00 $26,340.003 SUB-BASE GRANULAR MATERIAL, TYPE B CU. YD. 15 $38.00 570.00$ $5.00 $75.00 $55.00 $825.004 GRANULAR CRADLE MATERIAL, CA-11 TON 295 $36.00 10,620.00$ $1.00 $295.00 $35.00 $10,325.005 AGGREGATE BASE COURSE, TYPE B, 4" SQ. YD. 1,395 $8.0011,160.00$ $10.00 $13,950.00 $14.00 $19,530.006 INCIDENTAL HOT-MIX ASPHALT SURFACING TON 6 $300.00 1,800.00$ $250.00 $1,500.00 $400.00 $2,400.007 PORTLAND CEMENT CONCRETE PAVEMENT, 8" SQ. YD. 1,385$110.00 152,350.00$ $125.00 $173,125.00 $93.75 $129,843.758 STORM SEWERS, SPECIAL, 10" ( D. I. P. / CL 50 ) FOOT 162 $145.00 23,490.00$ $165.00 $26,730.00 $250.00 $40,500.009 STORM SEWERS, 12", TYPE 2 ( R. C. P. / CL III ) FOOT 624 $135.00 84,240.00$ $145.00 $90,480.00 $350.00 $218,400.0010 STORM SEWERS, SPECIAL 12", ( D. I. P. / CL 50 ) FOOT 8 $190.00 1,520.00$ $165.00 $1,320.00 $250.00 $2,000.0011 CATCH BASIN, TYPE A, 4' DIAMETER, TYPE 1 FRAME, OPEN LID EACH 1 $6,000.00 6,000.00$ $7,450.00 $7,450.00 $9,000.00 $9,000.0012 MANHOLE, TYPE A, 4' DIAMETER, TYPE 1 FRAME, OPEN LID EACH 4 $5,400.00 21,600.00$ $6,500.00 $26,000.00 $10,000.00 $40,000.0013 INLET, TYPE A, TYPE 1 FRAME, OPEN LID EACH 4 $3,000.00 12,000.00$ $4,250.00 $17,000.00 $3,300.00 $13,200.0014 COMBINATION CONCRETE CURB AND GUTTER, TYPE B 6.12FOOT 90 $38.00 3,420.00$ $48.00 $4,320.00 $50.00 $4,500.0015 CONCRETE CURB, TYPE B FOOT 175 $38.00 6,650.00$ $48.00 $8,400.00 $45.00 $7,875.0016 PAVEMENT REMOVAL SQ. YD. 45 $26.00 1,170.00$ $35.00 $1,575.00 $36.00 $1,620.0017 DRIVEWAY PAVEMENT REMOVAL SQ. YD. 400 $21.00 8,400.00$ $25.00 $10,000.00 $36.00 $14,400.0018 CURB REMOVAL FOOT 265 $7.00 1,855.00$ $5.00 $1,325.00 $8.00 $2,120.0019 SIDEWALK REMOVAL SQ. FT. 310 $3.00 930.00$ $4.00 $1,240.00 $3.00 $930.0020 PORTLAND CEMENT CONCRETE DRIVEWAY PAVEMENT - 6" SQ. YD. 400 $78.00 31,200.00$ $90.00 $36,000.00 $90.00 $36,000.0021 PORTLAND CEMENT CONCRETE SIDEWALK - 5" SQ. FT. 310 $11.00 3,410.00$ $12.50 $3,875.00 $15.00 $4,650.0022 PROTECTIVE SEALER SQ. YD. 1,785 $1.60 2,856.00$ $2.00 $3,570.00 $5.00 $8,925.0023 CRUSHED STONE, CA - 14 TON 30 $35.00 1,050.00$ $50.00 $1,500.00 $35.00 $1,050.0024 FURNISHING AND PLACING TOPSOIL, 3" SQ. YD. 140 $10.00 1,400.00$ $6.00 $840.00 $80.00 $11,200.0025 SODDING, SALT TOLERANT SQ. YD. 140 $18.00 2,520.00$ $12.50 $1,750.00 $25.00 $3,500.0026 DETECTABLE WARNINGS SQ. FT. 20 $55.00 1,100.00$ $65.00 $1,300.00 $50.00 $1,000.0027 TREE REMOVAL (6 TO 15 INCH DIA.) UNIT DIA. 11 $125.00 1,375.00$ $32.00 $352.00 $300.00 $3,300.0028 HOT-MIX ASPHALT SURFACE REMOVAL SQ. YD. 35 $30.00 1,050.00$ $50.00 $1,750.00 $20.00 $700.0029 TEMPORARY FENCE FOOT 140 $7.00 980.00$ $1.00 $140.00 $10.00 $1,400.0030 CONSTRUCTION LAYOUT AND STAKING LUMP SUM 1 $7,500.007,500.00$ $15,000.00 $15,000.00 $15,000.00 $15,000.0031 STREET SWEEPING EACH 3 $400.00 1,200.00$ $100.00 $300.00 $600.00 $1,800.0032 CLOSED CIRCUIT TV INSPECTION LUMP SUM 1 $5,500.00 5,500.00$ $5,000.00 $5,000.00 $45,000.00 $45,000.0033 PRE-CONSTRUCTION SURFACE VIDEO TAPING LUMP SUM 1 $2,000.00 2,000.00$ $1,500.00 $1,500.00 $10,000.00 $10,000.0034 REMOVING AND RESETTING PAVERS SQ. FT. 85 $25.00 2,125.00$ $30.00 $2,550.00 $35.00 $2,975.0035 EPOXY PAVEMENT MARKING LINE- 6" YELLOW FOOT 125 $40.00 5,000.00$ $50.00 $6,250.00 $40.00 $5,000.00$469,703.00 $509,467.00 $739,033.75Chicago, IL 60646CITY OF EVANSTONTABULATION OF BIDS FOR2024 Alley and Sidewalk ImprovementsBID NO: 24-21Sumit Construction Co., Inc.NAME AND ADDRESS OF BIDDERSTOTALTOTAL BIDAS READAS CORRECTEDITEM NUMBERITEM UNIT TOTAL4150 W Wrightwood AvenueChicago, IL 60639TOTALAPPROVED ENGINEER'S ESTIMATECapitol Cement Co., Inc.6231 North Pulaski Road1 of 10Page 5 of 15Doc ID: 06763ded165ed00620b9dbfb3ca1816887e2078c
DATE: June 4, 2024TIME: 2:15 P.M.SA 1531 - Alley North of Colfax Street, East of Bryant AvenueTOTALUNIT UNIT UNITQUANTITY PRICE PRICE PRICE1 EARTH EXCAVATION CU. YD. 480 $60.00 28,800.00$ $70.00 $33,600.00 $88.75 $42,600.002 TRENCH BACKFILL CU. YD. 365 $38.00 13,870.00$ $5.00 $1,825.00 $55.00 $20,075.003 SUB-BASE GRANULAR MATERIAL, TYPE B CU. YD. 15 $38.00 570.00$ $5.00 $75.00 $60.00 $900.004 GRANULAR CRADLE MATERIAL, CA-11 TON 275 $36.00 9,900.00$ $1.00 $275.00 $50.00 $13,750.005 AGGREGATE BASE COURSE, TYPE B, 4" SQ. YD. 1,140 $8.009,120.00$ $10.00 $11,400.00 $60.00 $68,400.006 INCIDENTAL HOT-MIX ASPHALT SURFACING TON 14 $300.00 4,200.00$ $250.00 $3,500.00 $400.00 $5,600.007 PORTLAND CEMENT CONCRETE PAVEMENT, 8" SQ. YD. 1,135$110.00 124,850.00$ $125.00 $141,875.00 $91.25 $103,568.758 STORM SEWERS, SPECIAL, 10" ( D. I. P. / CL 50 ) FOOT 62 $145.00 8,990.00$ $165.00 $10,230.00 $250.00 $15,500.009 STORM SEWERS, 12", TYPE 2 ( R. C. P. / CL III ) FOOT 645 $135.00 87,075.00$ $145.00 $93,525.00 $350.00 $225,750.0010 STORM SEWERS, SPECIAL 12", ( D. I. P. / CL 50 ) FOOT 15 $190.00 2,850.00$ $165.00 $2,475.00 $275.00 $4,125.0011 CATCH BASIN, TYPE A, 4' DIAMETER, TYPE 1 FRAME, OPEN LID EACH 1 $6,000.00 6,000.00$ $7,450.00 $7,450.00 $9,000.00 $9,000.0012 MANHOLE, TYPE A, 4' DIAMETER, TYPE 1 FRAME, OPEN LID EACH 3 $5,400.00 16,200.00$ $6,500.00 $19,500.00 $10,000.00 $30,000.0013 INLET, TYPE A, TYPE 1 FRAME, OPEN LID EACH 5 $3,000.00 15,000.00$ $4,250.00 $21,250.00 $3,300.00 $16,500.0014 COMBINATION CONCRETE CURB AND GUTTER, TYPE B 6.12FOOT 35 $38.00 1,330.00$ $48.00 $1,680.00 $45.00 $1,575.0015 CONCRETE CURB, TYPE B FOOT 180 $38.00 6,840.00$ $45.00 $8,100.00 $40.00 $7,200.0016 PAVEMENT REMOVAL SQ. YD. 10 $26.00 260.00$ $35.00 $350.00 $36.00 $360.0017 DRIVEWAY PAVEMENT REMOVAL SQ. YD. 180 $21.00 3,780.00$ $25.00 $4,500.00 $36.00 $6,480.0018 CURB REMOVAL FOOT 215 $7.00 1,505.00$ $5.00 $1,075.00 $10.00 $2,150.0019 SIDEWALK REMOVAL SQ. FT. 310 $3.00 930.00$ $4.00 $1,240.00 $3.00 $930.0020 PORTLAND CEMENT CONCRETE DRIVEWAY PAVEMENT - 6" SQ. YD. 160 $78.00 12,480.00$ $81.00 $12,960.00 $90.00 $14,400.0021 PORTLAND CEMENT CONCRETE SIDEWALK - 5" SQ. FT. 310 $11.00 3,410.00$ $12.50 $3,875.00 $15.00 $4,650.0022 PROTECTIVE SEALER SQ. YD. 1,295 $1.60 2,072.00$ $2.00 $2,590.00 $5.00 $6,475.0023 CRUSHED STONE, CA - 14 TON 30 $35.00 1,050.00$ $50.00 $1,500.00 $60.00 $1,800.0024 FURNISHING AND PLACING TOPSOIL, 3" SQ. YD. 120 $10.00 1,200.00$ $6.00 $720.00 $80.00 $9,600.0025 SODDING, SALT TOLERANT SQ. YD. 120 $18.00 2,160.00$ $12.50 $1,500.00 $25.00 $3,000.0026 DETECTABLE WARNINGS SQ. FT. 40 $55.00 2,200.00$ $65.00 $2,600.00 $50.00 $2,000.0027 TREE REMOVAL (OVER 15 INCH DIA.) UNIT DIA. 39 $125.00 4,875.00$ $55.00 $2,145.00 $125.00 $4,875.0028 HOT-MIX ASPHALT SURFACE REMOVAL SQ. YD. 90 $30.00 2,700.00$ $50.00 $4,500.00 $25.00 $2,250.0029 TEMPORARY FENCE FOOT 150 $7.00 1,050.00$ $1.00 $150.00 $10.00 $1,500.0030 CONSTRUCTION LAYOUT AND STAKING LUMP SUM 1 $7,500.007,500.00$ $15,000.00 $15,000.00 $15,000.00 $15,000.0031 STREET SWEEPING EACH 3 $400.00 1,200.00$ $100.00 $300.00 $1,000.00 $3,000.0032 CLOSED CIRCUIT TV INSPECTION LUMP SUM 1 $5,500.00 5,500.00$ $5,000.00 $5,000.00 $5,000.00 $5,000.0033 PRE-CONSTRUCTION SURFACE VIDEO TAPING LUMP SUM 1 $2,000.00 2,000.00$ $1,500.00 $1,500.00 $5,000.00 $5,000.0034 REMOVING AND RESETTING PAVERS SQ. FT. 550 $25.00 13,750.00$ $30.00 $16,500.00 $25.00 $13,750.0035 EPOXY PAVEMENT MARKING LINE- 6" YELLOW FOOT 115 $40.00 4,600.00$ $50.00 $5,750.00 $40.00 $4,600.00$409,817.00 $440,515.00 $671,363.75TABULATION OF BIDS FOR2024 Alley and Sidewalk ImprovementsTOTALBID NO: 24-21APPROVED ENGINEER'S ESTIMATENAME AND ADDRESS OF BIDDERSCapitol Cement Co., Inc.Sumit Construction Co., Inc.6231 North Pulaski Road4150 W Wrightwood AvenueChicago, IL 60646CITY OF EVANSTONTOTAL BIDAS READAS CORRECTEDChicago, IL 60639ITEM NUMBERITEM UNIT TOTAL TOTAL2 of 10Page 6 of 15Doc ID: 06763ded165ed00620b9dbfb3ca1816887e2078c
DATE: June 4, 2024TIME: 2:15 P.M.PW-AP-2405 A - Alley North of Simpson Street, East of Ashland AvenueTOTALUNIT UNIT UNITQUANTITY PRICE PRICE PRICE1 EARTH EXCAVATION CU. YD. 289 $60.00 $17,340.00 $70.00 $20,230.00 $90.00 $26,010.002 TRENCH BACKFILL CU. YD. 121 $38.00 $4,598.00 $5.00 $605.00 $55.00 $6,655.003 SUB-BASE GRANULAR MATERIAL, TYPE B CU. YD. 10 $38.00 $380.00 $50.00 $500.00 $60.00 $600.004 GRANULAR CRADLE MATERIAL, CA-11 TON 160 $36.00 $5,760.00 $1.00 $160.00 $50.00 $8,000.005 AGGREGATE BASE COURSE, TYPE B, 4" SQ. YD. 745 $8.00 $5,960.00 $10.00 $7,450.00 $60.00 $44,700.006 INCIDENTAL HOT-MIX ASPHALT SURFACING TON 15 $300.00 $4,500.00 $250.00 $3,750.00 $400.00 $6,000.007 PORTLAND CEMENT CONCRETE PAVEMENT, 8" SQ. YD. 705 $110.00 $77,550.00 $125.00 $88,125.00 $91.25 $64,331.258 STORM SEWERS, SPECIAL, 10" ( D. I. P. / CL 50 ) FOOT 358 $145.00 $51,910.00 $165.00 $59,070.00 $250.00 $89,500.009 STORM SEWERS, SPECIAL 12", ( D. I. P. / CL 50 ) FOOT 117 $190.00 $22,230.00 $165.00 $19,305.00 $275.00 $32,175.0010 CATCH BASIN, TYPE A, 4' DIAMETER, TYPE 1 FRAME, OPEN LID EACH 1 $6,000.00 $6,000.00 $7,450.00 $7,450.00 $9,000.00 $9,000.0011 INLET, TYPE A, TYPE 1 FRAME, OPEN LID EACH 3 $3,000.00 $9,000.00 $4,250.00 $12,750.00 $3,500.00 $10,500.0012 COMBINATION CONCRETE CURB AND GUTTER, TYPE B 6.12FOOT 295 $38.00 $11,210.00 $48.00 $14,160.00 $45.00 $13,275.0013 CONCRETE CURB, TYPE B FOOT 80 $38.00 $3,040.00 $48.00 $3,840.00 $45.00 $3,600.0014 PAVEMENT REMOVAL SQ. YD. 75 $26.00 $1,950.00 $35.00 $2,625.00 $36.00 $2,700.0015 DRIVEWAY PAVEMENT REMOVAL SQ. YD. 235 $21.00 $4,935.00 $25.00 $5,875.00 $36.00 $8,460.0016 COMBINATION CURB AND GUTTER REMOVAL FOOT 375 $7.00 $2,625.00 $5.00 $1,875.00 $10.00 $3,750.0017 SIDEWALK REMOVAL SQ. FT. 235 $3.00 $705.00 $4.00 $940.00 $3.00 $705.0018 PORTLAND CEMENT CONCRETE DRIVEWAY PAVEMENT - 6" SQ. YD. 80 $78.00 $6,240.00 $81.00 $6,480.00 $90.00 $7,200.0019 PORTLAND CEMENT CONCRETE DRIVEWAY PAVEMENT - 8" SQ. YD. 140 $90.00 $12,600.00 $100.00 $14,000.00 $93.00 $13,020.0020 PORTLAND CEMENT CONCRETE SIDEWALK - 5" SQ. FT. 235 $11.00 $2,585.00 $12.50 $2,937.50 $15.00 $3,525.0021 PROTECTIVE SEALER SQ. YD. 925 $2.00 $1,850.00 $2.00 $1,850.00 $5.00 $4,625.0022 CRUSHED STONE, CA - 14 TON 15 $35.00 $525.00 $50.00 $750.00 $5.00 $75.0023 FURNISHING AND PLACING TOPSOIL, 3" SQ. YD. 120 $10.00 $1,200.00 $6.00 $720.00 $80.00 $9,600.0024 SODDING, SALT TOLERANT SQ. YD. 120 $18.00 $2,160.00 $12.50 $1,500.00 $25.00 $3,000.0025 DETECTABLE WARNINGS SQ. FT. 40 $55.00 $2,200.00 $65.00$2,600.00 $50.00 $2,000.0026 CLASS B PATCHES, SPECIAL 9" (HES) SQ. YD. 70 $125.00 $8,750.00 $150.00 $10,500.00 $250.00 $17,500.0027 HOT-MIX ASPHALT SURFACE REMOVAL SQ. YD. 30 $30.00 $900.00 $50.00 $1,500.00 $25.00 $750.0028 TEMPORARY FENCE FOOT 180 $7.00 $1,260.00 $1.00 $180.00 $10.00 $1,800.0029 CONSTRUCTION LAYOUT AND STAKING LUMP SUM 1 $7,500.00$7,500.00 $35,000.00 $35,000.00 $15,000.00 $15,000.0030 STREET SWEEPING EACH 3 $400.00 $1,200.00 $100.00 $300.00 $1,000.00 $3,000.0031 SOIL DISPOSAL ANALYSIS EACH 1 $2,500.00 $2,500.00 $500.00 $500.00 $5,000.00 $5,000.0032 NON SPECIAL WASTE DISPOSAL CU. YD. 310 $55.00 $17,050.00 $5.00 $1,550.00 $100.00 $31,000.0033 CLOSED CIRCUIT TV INSPECTION LUMP SUM 1 $5,500.00 $5,500.00 $5,000.00 $5,000.00 $5,000.00 $5,000.0034 PRE-CONSTRUCTION SURFACE VIDEO TAPING LUMP SUM 1 $2,000.00 $2,000.00 $1,500.00 $1,500.00 $5,000.00 $5,000.0035 EPOXY PAVEMENT MARKING LINE- 6" YELLOW FOOT 80 $40.00 $3,200.00 $50.00 $4,000.00 $40.00 $3,200.00$308,913.00 $339,577.50 $460,256.25Chicago, IL 60646Chicago, IL 60639CITY OF EVANSTONTABULATION OF BIDS FOR2024 Alley and Sidewalk ImprovementsBID NO: 24-21APPROVED ENGINEER'S ESTIMATENAME AND ADDRESS OF BIDDERSCapitol Cement Co., Inc.Sumit Construction Co., Inc.6231 North Pulaski Road4150 W Wrightwood AvenueTOTALTOTAL BIDAS READAS CORRECTEDITEM NUMBERITEM UNIT TOTAL TOTAL3 of 10Page 7 of 15Doc ID: 06763ded165ed00620b9dbfb3ca1816887e2078c
DATE: June 4, 2024TIME: 2:15 P.M.PW-AP-2405 B - Alley North of Lake Street, East of Darrow AvenueTOTALUNIT UNIT UNITQUANTITY PRICE PRICE PRICE1 EARTH EXCAVATION CU. YD. 378 $60.00 $22,680.00 $70.00 $26,460.00 $90.00 $34,020.002 TRENCH BACKFILL CU. YD. 102 $38.00 $3,876.00 $5.00 $510.00 $55.00 $5,610.003 SUB-BASE GRANULAR MATERIAL, TYPE B CU. YD. 15 $38.00 $570.00 $50.00 $750.00 $60.00 $900.004 GRANULAR CRADLE MATERIAL, CA-11 TON 135 $36.00 $4,860.00 $1.00 $135.00 $50.00 $6,750.005 AGGREGATE BASE COURSE, TYPE B, 4" SQ. YD. 935 $8.00 $7,480.00 $10.00 $9,350.00 $50.00 $46,750.006 INCIDENTAL HOT-MIX ASPHALT SURFACING TON 14 $300.00 $4,200.00 $250.00 $3,500.00 $400.00 $5,600.007 PORTLAND CEMENT CONCRETE PAVEMENT, 8" SQ. YD. 915 $110.00 $100,650.00 $125.00 $114,375.00 $90.00 $82,350.008 STORM SEWERS, SPECIAL, 10" ( D. I. P. / CL 50 ) FOOT 378 $145.00 $54,810.00 $165.00 $62,370.00 $275.00 $103,950.009 STORM SEWERS, SPECIAL 12", ( D. I. P. / CL 50 ) FOOT 30 $190.00 $5,700.00 $165.00 $4,950.00 $275.00 $8,250.0010 CATCH BASIN, TYPE A, 4' DIAMETER, TYPE 1 FRAME, OPEN LID EACH 1 $6,000.00 $6,000.00 $7,450.00 $7,450.00 $9,000.00 $9,000.0011 MANHOLE, TYPE A, 4' DIAMETER, TYPE 1 FRAME, OPEN LID EACH 1 $5,400.00 $5,400.00 $6,500.00 $6,500.00 $10,000.00 $10,000.0012 INLET, TYPE A, TYPE 1 FRAME, OPEN LID EACH 4 $3,000.00 $12,000.00 $4,250.00 $17,000.00 $3,500.00 $14,000.0013 COMBINATION CONCRETE CURB AND GUTTER, TYPE B 6.12FOOT 110 $38.00 $4,180.00 $48.00 $5,280.00 $45.00 $4,950.0014 CONCRETE CURB, TYPE B FOOT 140 $38.00 $5,320.00 $48.00$6,720.00 $45.00 $6,300.0015 PAVEMENT REMOVAL SQ. YD. 40 $26.00 $1,040.00 $35.00 $1,400.00 $36.00 $1,440.0016 DRIVEWAY PAVEMENT REMOVAL SQ. YD. 220 $21.00 $4,620.00 $25.00 $5,500.00 $36.00 $7,920.0017 COMBINATION CURB AND GUTTER REMOVAL FOOT 250 $7.00 $1,750.00 $5.00 $1,250.00 $10.00 $2,500.0018 SIDEWALK REMOVAL SQ. FT. 90 $3.00 $270.00 $4.00 $360.00$3.00 $270.0019 PORTLAND CEMENT CONCRETE DRIVEWAY PAVEMENT - 6" SQ. YD. 220 $78.00 $17,160.00 $81.00 $17,820.00 $90.00 $19,800.0020 PORTLAND CEMENT CONCRETE SIDEWALK - 5" SQ. FT. 90 $11.00 $990.00 $12.50 $1,125.00 $15.00 $1,350.0021 PROTECTIVE SEALER SQ. YD. 1,135 $2.00 $2,270.00 $2.00 $2,270.00 $5.00 $5,675.0022 CRUSHED STONE, CA - 14 TON 25 $35.00 $875.00 $25.00 $625.00 $50.00 $1,250.0023 FURNISHING AND PLACING TOPSOIL, 3" SQ. YD. 95 $10.00$950.00 $6.00 $570.00 $80.00 $7,600.0024 SODDING, SALT TOLERANT SQ. YD. 95 $18.00 $1,710.00 $12.50 $1,187.50 $25.00 $2,375.0025 HOT-MIX ASPHALT SURFACE REMOVAL SQ. YD. 80 $30.00 $2,400.00 $50.00 $4,000.00 $25.00 $2,000.0026 TEMPORARY FENCE FOOT 150 $7.00 $1,050.00 $1.00 $150.00 $10.00 $1,500.0027 CONSTRUCTION LAYOUT AND STAKING LUMP SUM 1 $7,500.00$7,500.00 $50,000.00 $50,000.00 $15,000.00 $15,000.0028 STREET SWEEPING EACH 3 $400.00 $1,200.00 $100.00 $300.00 $1,000.00 $3,000.0029 SOIL DISPOSAL ANALYSIS EACH 1 $2,500.00 $2,500.00 $500.00 $500.00 $5,000.00 $5,000.0030 NON SPECIAL WASTE DISPOSAL CU. YD. 300 $60.00 $18,000.00 $5.00 $1,500.00 $80.00 $24,000.0031 CLOSED CIRCUIT TV INSPECTION LUMP SUM 1 $5,500.00 $5,500.00 $5,000.00 $5,000.00 $5,000.00 $5,000.0032 PRE-CONSTRUCTION SURFACE VIDEO TAPING LUMP SUM 1 $2,000.00 $2,000.00 $1,500.00 $1,500.00 $5,000.00 $5,000.0033 REMOVING AND RESETTING PAVERS SQ. FT. 200 $25.00 $5,000.00 $35.00 $7,000.00 $25.00 $5,000.0034 EPOXY PAVEMENT MARKING LINE- 6" YELLOW FOOT 130 $40.00 $5,200.00 $50.00 $6,500.00 $40.00 $5,200.00$319,711.00 $373,907.50 $459,310.00ITEM NUMBERITEM UNIT TOTAL TOTAL TOTALTOTAL BIDAS READAS CORRECTEDCITY OF EVANSTONTABULATION OF BIDS FOR2024 Alley and Sidewalk ImprovementsBID NO: 24-21APPROVED ENGINEER'S ESTIMATENAME AND ADDRESS OF BIDDERSCapitol Cement Co., Inc.Sumit Construction Co., Inc.6231 North Pulaski Road4150 W Wrightwood AvenueChicago, IL 60646 Chicago, IL 606394 of 10Page 8 of 15Doc ID: 06763ded165ed00620b9dbfb3ca1816887e2078c
DATE: June 4, 2024TIME: 2:15 P.M.Pedestrian CrossingsTOTALUNIT UNIT UNITQUANTITY PRICE PRICE PRICE1 TRENCH BACKFILL CU YD 6 $60.00 $360.00 $10.00 $60.00 $60.00 $360.002 GRANULAR CRADLE MATERIAL, CA-11 TON 2 $38.00 $76.00 $50.00 $100.00 $60.00 $120.003 TOPSOIL FURNISH AND PLACE, 3" SQ YD 820 $18.00 $14,760.00 $6.00 $4,920.00 $80.00 $65,600.004 SODDING, SALT TOLERANT SQ YD 820 $22.00 $18,040.00 $12.50 $10,250.00 $25.00 $20,500.005 AGGREGATE BASE COURSE, TYPE B 4" SQ YD 30 $15.00 $450.00 $10.00 $300.00 $50.00 $1,500.006 INCIDENTAL HOT-MIX ASPHALT SURFACING TON 20 $350.00 $7,000.00 $250.00 $5,000.00 $400.00 $8,000.007 PORTLAND CEMENT CONCRETE SIDEWALK, 5 INCH SQ FT 2,415 $15.00 $36,225.00 $12.50 $30,187.50 $15.00 $36,225.008 DETECTABLE WARNINGS SQ FT 224 $80.00 $17,920.00 $65.00 $14,560.00 $50.00 $11,200.009 PAVEMENT REMOVAL SQ YD 720 $26.00 $18,720.00 $35.00 $25,200.00 $36.00 $25,920.0010 CONCRETE CURB REMOVAL FOOT 175 $11.00 $1,925.00 $5.00 $875.00 $8.00 $1,400.0011 COMBINATION CURB AND GUTTER REMOVAL FOOT 327 $15.00 $4,905.00 $5.00 $1,635.00 $8.00 $2,616.0012 SIDEWALK REMOVAL SQ FT 2,370 $7.00 $16,590.00 $4.00 $9,480.00 $3.00 $7,110.0013 CLASS B PATCHES, SPECIAL 9" (HES) SQ YD 320 $125.00$40,000.00 $165.00 $52,800.00 $200.00 $64,000.0014 STORM SEWERS, SPECIAL, 8" ( D. I. P. / CL 50 ) FOOT 6 $145.00 $870.00 $165.00 $990.00 $275.00 $1,650.0015 INLETS, TYPE A, 36" DEPTH, TYPE 1 FRAME, OPEN LIDEACH 2 $3,000.00 $6,000.00 $4,250.00 $8,500.00 $3,500.00 $7,000.0016 REMOVING INLETS EACH 1 $900.00 $900.00 $500.00 $500.00 $500.00 $500.0017 FRAMES AND GRATES TO BE ADJUSTED EACH 1 $400.00 $400.00 $950.00 $950.00 $750.00 $750.0018 CONCRETE CURB, TYPE B FOOT 10 $40.00 $400.00 $48.00 $480.00 $45.00 $450.0019 COMB. CONC. CURB & GUTTER, TYPE B-6.12 FOOT 525 $40.00 $21,000.00 $48.00 $25,200.00 $45.00 $23,625.0020 CONSTRUCTION LAYOUT LSUM 1 $5,000.00 $5,000.00 $35,000.00 $35,000.00 $7,500.00 $7,500.0021 STREET SWEEPING EACH 4 $500.00 $2,000.00 $100.00 $400.00 $1,000.00 $4,000.0022SOLAR POWERED LED PEDESTRIAN CROSSING WITH PUSH BUTTON SIGN ASSEMBLYEACH 4 $15,000.00 $60,000.00 $30,045.00 $120,180.00 $20,000.00 $80,000.0023 RELOCATE EXISTING STOP HERE FOR PEDESTRIANS SIGN ASSEMBLY EACH 3 $15,000.00 $45,000.00 $250.00 $750.00 $250.00 $750.0024RELOCATE EXISTING SOLAR POWERED LED SCHOOL CROSSING WITH PUSH BUTTON SIGN ASSEMBLYEACH 2 $2,000.00 $4,000.00 $19,637.00 $39,274.00 $10,000.00 $20,000.0025 THERMOPLASTIC PAVEMENT MARKING LINE - 12" FOOT 220 $50.00 $11,000.00 $20.00 $4,400.00 $10.00 $2,200.0026 THERMOPLASTIC PAVEMENT MARKING LINE - 8" FOOT 178 $40.00 $7,120.00 $8.00 $1,424.00 $10.00 $1,780.0027 THERMOPLASTIC PAVEMENT MARKING LINE - 6" FOOT 170 $30.00 $5,100.00 $6.00 $1,020.00 $10.00 $1,700.0028 THERMOPLASTIC PAVEMENT MARKING LINE - 4" FOOT 44 $30.00 $1,320.00 $2.00 $88.00 $10.00 $440.00$347,081.00 $394,523.50 $396,896.00CITY OF EVANSTONTABULATION OF BIDS FOR2024 Alley and Sidewalk ImprovementsBID NO: 24-21APPROVED ENGINEER'S ESTIMATENAME AND ADDRESS OF BIDDERSCapitol Cement Co., Inc. Sumit Construction Co., Inc.6231 North Pulaski Road 4150 W Wrightwood AvenueChicago, IL 60646 Chicago, IL 60639ITEM NUMBERITEM UNIT TOTAL TOTAL TOTALTOTAL BIDAS READAS CORRECTED5 of 10Page 9 of 15Doc ID: 06763ded165ed00620b9dbfb3ca1816887e2078c
DATE: June 4, 2024TIME: 2:15 P.M.McDaniel Avenue Sidewalk Gap InfillTOTALUNIT UNIT UNITQUANTITY PRICE PRICE PRICE1 TREE REMOVAL (OVER 15 INCH DIA) EACH 5 $4,500.00 $22,500.00 $720.00 $3,600.00 $5,000.00 $25,000.002 TREE REMOVAL (LESS THAN 15 INCH DIA) EACH 1 $3,500.00$3,500.00 $340.00 $340.00 $4,000.00 $4,000.003 TEMPORARY FENCE FOOT 300 $12.00 $3,600.00 $1.00 $300.00 $10.00 $3,000.004 TREE ROOT PRUNING FOOT 200 $25.00 $5,000.00 $6.00 $1,200.00 $50.00 $10,000.005 EARTH EXCAVATION CU YD 125 $75.00 $9,375.00 $70.00 $8,750.00 $90.00 $11,250.006 TOPSOIL FURNISH AND PLACE, 3" SQ YD 600 $18.00 $10,800.00 $6.00 $3,600.00 $80.00 $48,000.007 SODDING, SALT TOLERANT SQ YD 600 $22.00 $13,200.00 $12.50 $7,500.00 $25.00 $15,000.008 AGGREGATE BASE COURSE, TYPE B 4" SQ YD 342 $15.00 $5,130.00 $10.00 $3,420.00 $60.00 $20,520.009 INCIDENTAL HOT-MIX ASPHALT SURFACING TON 22 $350.00 $7,700.00 $250.00 $5,500.00 $400.00 $8,800.0010 PCC DRIVEWAY PAVEMENT, 6 INCH SQ YD 55 $78.00 $4,290.00 $90.00 $4,950.00 $90.00 $4,950.0011 PORTLAND CEMENT CONCRETE SIDEWALK, 5 INCH SQ FT 3,080 $12.00 $36,960.00 $12.50 $38,500.00 $15.00 $46,200.0012 DETECTABLE WARNINGS SQ FT 20 $55.00 $1,100.00 $65.00 $1,300.00 $50.00 $1,000.0013 DRIVEWAY PAVEMENT REMOVAL SQ YD 205 $30.00 $6,150.00 $10.00 $2,050.00 $36.00 $7,380.0014 COMBINATION CURB AND GUTTER REMOVAL FOOT 25 $12.00 $300.00 $5.00 $125.00 $10.00 $250.0015 SIDEWALK REMOVAL SQ FT 55 $6.00 $330.00 $4.00 $220.00 $3.00 $165.0016 COMB. CONC. CURB & GUTTER, TYPE B-6.12 FOOT 25 $49.00 $1,225.00 $55.00 $1,375.00 $50.00 $1,250.0017 REMOVING AND RESETTING PAVERS SQ FT 135 $20.00 $2,700.00 $30.00 $4,050.00 $30.00 $4,050.0018 NON-SPECIAL WASTE DISPOSAL CU YD 125 $55.00 $6,875.00$10.00 $1,250.00 $80.00 $10,000.0019 SPECIAL WASTE PLANS AND REPORTS LSUM 1 $2,500.00 $2,500.00 $500.00 $500.00 $5,000.00 $5,000.0020 SOIL DISPOSAL ANALYSIS EACH 1 $2,500.00 $2,500.00 $500.00 $500.00 $5,000.00 $5,000.0021 CONSTRUCTION LAYOUT LSUM 1 $5,000.00 $5,000.00 $40,000.00 $40,000.00 $7,500.00 $7,500.0022 STREET SWEEPING EACH 1 $500.00 $500.00 $100.00 $100.00 $1,000.00 $1,000.00$151,235.00 $129,130.00 $239,315.00CITY OF EVANSTONTABULATION OF BIDS FOR2024 Alley and Sidewalk ImprovementsBID NO: 24-21APPROVED ENGINEER'S ESTIMATENAME AND ADDRESS OF BIDDERSCapitol Cement Co., Inc. Sumit Construction Co., Inc.6231 North Pulaski Road 4150 W Wrightwood AvenueChicago, IL 60646 Chicago, IL 60639ITEM NUMBERITEM UNIT TOTAL TOTAL TOTALTOTAL BIDAS READAS CORRECTED6 of 10Page 10 of 15Doc ID: 06763ded165ed00620b9dbfb3ca1816887e2078c
DATE: June 4, 2024TIME: 2:15 P.M.Centennial Park Picnic PadsTOTALUNIT UNIT UNITQUANTITY PRICE PRICE PRICE1 TEMPORARY FENCE FOOT 150 $12.00 $1,800.00 $10.00 $1,500.00 $10.00 $1,500.002 TREE ROOT PRUNING FOOT 50 $25.00 $1,250.00 $8.00 $400.00$50.00 $2,500.003 EARTH EXCAVATION CU YD 106 $75.00 $7,950.00 $70.00 $7,420.00 $80.00 $8,480.004 TOPSOIL FURNISH AND PLACE, 3" SQ YD 310 $18.00 $5,580.00 $6.00 $1,860.00 $80.00 $24,800.005 SODDING, SALT TOLERANT SQ YD 310 $22.00 $6,820.00 $12.50 $3,875.00 $25.00 $7,750.006 AGGREGATE BASE COURSE, TYPE B 4" SQ YD 285 $15.00 $4,275.00 $10.00 $2,850.00 $60.00 $17,100.007 PORTLAND CEMENT CONCRETE SIDEWALK, 6 INCH SQ FT 2,550 $15.00 $38,250.00 $12.50 $31,875.00 $18.00 $45,900.008 DETECTABLE WARNINGS SQ FT 10 $55.00 $550.00 $65.00 $650.00 $55.00 $550.009 COMBINATION CURB AND GUTTER REMOVAL FOOT 15 $12.00 $180.00 $5.00 $75.00 $10.00 $150.0010 COMB. CONC. CURB & GUTTER, TYPE B-6.12 FOOT 15 $49.00 $735.00 $50.00 $750.00 $45.00 $675.0011 REMOVING AND RESETTING PAVERS SQ FT 30 $20.00 $600.00$30.00 $900.00 $50.00 $1,500.0012 NON-SPECIAL WASTE DISPOSAL CU YD 106 $55.00 $5,830.00$10.00 $1,060.00 $90.00 $9,540.0013 SPECIAL WASTE PLANS AND REPORTS LSUM 1 $2,500.00 $2,500.00 $500.00 $500.00 $5,000.00 $5,000.0014 SOIL DISPOSAL ANALYSIS EACH 1 $2,500.00 $2,500.00 $500.00 $500.00 $5,000.00 $5,000.0015 CONSTRUCTION LAYOUT LSUM 1 $5,000.00 $5,000.00 $24,000.00 $24,000.00 $10,000.00 $10,000.0016 STREET SWEEPING EACH 1 $500.00 $500.00 $100.00 $100.00 $1,000.00 $1,000.0017 ADA PICNIC TABLE EACH 4 $1,000.00 $4,000.00 $2,200.00 $8,800.00 $5,000.00 $20,000.0018 ADA CHARCOAL GRILL EACH 2 $1,000.00 $2,000.00 $1,500.00 $3,000.00 $2,500.00 $5,000.0019 OUTDOOR TRASH BIN EACH 2 $1,000.00 $2,000.00 $2,000.00$4,000.00 $2,500.00 $5,000.0020 OUTDOOR RECYCLING BIN EACH 2 $1,000.00 $2,000.00 $2,000.00 $4,000.00 $2,500.00 $5,000.00$94,320.00 $98,115.00 $176,445.00CITY OF EVANSTONTABULATION OF BIDS FOR2024 Alley and Sidewalk ImprovementsBID NO: 24-21APPROVED ENGINEER'S ESTIMATENAME AND ADDRESS OF BIDDERSCapitol Cement Co., Inc. Sumit Construction Co., Inc.6231 North Pulaski Road 4150 W Wrightwood AvenueChicago, IL 60646 Chicago, IL 60639ITEM NUMBERITEM UNIT TOTAL TOTAL TOTALTOTAL BIDAS READAS CORRECTED7 of 10Page 11 of 15Doc ID: 06763ded165ed00620b9dbfb3ca1816887e2078c
DATE: June 4, 2024TIME: 2:15 P.M.CDBG Sidewalk ImprovementsTOTALUNIT UNIT UNITQUANTITY PRICE PRICE PRICE1 TREE ROOT PRUNING FOOT 100 $25.00 $2,500.00 $6.00 $600.00 $50.00 $5,000.002 EARTH EXCAVATION CU YD 40 $55.00 $2,200.00 $70.00 $2,800.00 $90.00 $3,600.003 TOPSOIL FURNISH AND PLACE, 4" SQ YD 150 $5.00 $750.00 $6.00 $900.00 $80.00 $12,000.004 SODDING, SALT TOLERANT SQ YD 150 $18.00 $2,700.00 $12.50 $1,875.00 $25.00 $3,750.005 AGGREGATE BASE COURSE, TYPE B 4" SQ YD 50 $8.00 $400.00 $10.00 $500.00 $60.00 $3,000.006 INCIDENTAL HOT-MIX ASPHALT SURFACING TON 10 $300.00 $3,000.00 $250.00 $2,500.00 $400.00 $4,000.007 PORTLAND CEMENT CONCRETE DRIVEWAY PAVEMENT, 6 INCHSQ YD 50 $85.00 $4,250.00 $90.00 $4,500.00 $90.00 $4,500.008 PORTLAND CEMENT CONCRETE DRIVEWAY PAVEMENT, 8 INCHSQ YD 50 $95.00 $4,750.00 $120.00 $6,000.00 $90.00 $4,500.009 PORTLAND CEMENT CONCRETE SIDEWALK, 5 INCH SQ FT 4,000 $12.00 $48,000.00 $12.50 $50,000.00 $15.00 $60,000.0010 DETECTABLE WARNINGS SQ FT 200 $48.00 $9,600.00 $65.00 $13,000.00 $50.00 $10,000.0011 HOT-MIX ASPHALT SURFACE REMOVAL, 1.5" SQ YD 40 $50.00 $2,000.00 $50.00 $2,000.00 $40.00 $1,600.0012 DRIVEWAY PAVEMENT REMOVAL SQ YD 40 $14.00 $560.00 $25.00 $1,000.00 $36.00 $1,440.0013 CURB REMOVAL FOOT 100 $6.00 $600.00 $5.00 $500.00 $10.00$1,000.0014 COMBINATION CURB AND GUTTER REMOVAL FOOT 100 $6.00 $600.00 $5.00 $500.00 $10.00 $1,000.0015 SIDEWALK REMOVAL SQ FT 4,000 $1.50 $6,000.00 $4.00 $16,000.00 $3.00 $12,000.0016 CONCRETE CURB, TYPE B FOOT 100 $36.00 $3,600.00 $48.00$4,800.00 $40.00 $4,000.0017 COMBINATION CONCRETE CURB AND GUTTER, TYPE B-6.12FOOT 100 $44.00 $4,400.00 $48.00 $4,800.00 $45.00 $4,500.0018 BRICK PAVER REMOVAL AND REPLACEMENT SQ FT 50 $20.00 $1,000.00 $30.00 $1,500.00 $35.00 $1,750.00$96,910.00 $113,775.00 $137,640.00CITY OF EVANSTONTABULATION OF BIDS FOR2024 Alley and Sidewalk ImprovementsBID NO: 24-21APPROVED ENGINEER'S ESTIMATENAME AND ADDRESS OF BIDDERSCapitol Cement Co., Inc. Sumit Construction Co., Inc.6231 North Pulaski Road 4150 W Wrightwood AvenueChicago, IL 60646 Chicago, IL 60639ITEM NUMBERITEM UNIT TOTAL TOTAL TOTALTOTAL BIDAS READAS CORRECTED8 of 10Page 12 of 15Doc ID: 06763ded165ed00620b9dbfb3ca1816887e2078c
DATE: June 4, 2024TIME: 2:15 P.M.Sidewalk Improvement ProgramTOTALUNIT UNIT UNITQUANTITY PRICE PRICE PRICE1 TREE ROOT PRUNING FOOT 150 $25.00 $3,750.00 $6.00 $900.00 $50.00 $7,500.002 EARTH EXCAVATION CU YD 60 $55.00 $3,300.00 $70.00 $4,200.00 $90.00 $5,400.003 TOPSOIL FURNISH AND PLACE, 4" SQ YD 175 $5.00 $875.00 $6.00 $1,050.00 $80.00 $14,000.004 SODDING, SALT TOLERANT SQ YD 175 $18.00 $3,150.00 $12.50 $2,187.50 $25.00 $4,375.005 AGGREGATE BASE COURSE, TYPE B 4" SQ YD 50 $8.00 $400.00 $10.00 $500.00 $60.00 $3,000.006 INCIDENTAL HOT-MIX ASPHALT SURFACING TON 10 $300.00 $3,000.00 $250.00 $2,500.00 $400.00 $4,000.007 PORTLAND CEMENT CONCRETE DRIVEWAY PAVEMENT, 6 INCHSQ YD 75 $85.00 $6,375.00 $90.00 $6,750.00 $90.00 $6,750.008 PORTLAND CEMENT CONCRETE DRIVEWAY PAVEMENT, 8 INCHSQ YD 75 $95.00 $7,125.00 $125.00 $9,375.00 $90.00 $6,750.009 PORTLAND CEMENT CONCRETE SIDEWALK, 5 INCH SQ FT 6,500 $12.00 $78,000.00 $12.50 $81,250.00 $15.00 $97,500.0010 DETECTABLE WARNINGS SQ FT 240 $48.00 $11,520.00 $65.00$15,600.00 $50.00 $12,000.0011 HOT-MIX ASPHALT SURFACE REMOVAL, 1.5" SQ YD 40 $50.00 $2,000.00 $50.00 $2,000.00 $25.00 $1,000.0012 DRIVEWAY PAVEMENT REMOVAL SQ YD 60 $14.00 $840.00 $25.00 $1,500.00 $36.00 $2,160.0013 CURB REMOVAL FOOT 150 $6.00 $900.00 $5.00 $750.00 $10.00$1,500.0014 COMBINATION CURB AND GUTTER REMOVAL FOOT 150 $6.00 $900.00 $5.00 $750.00 $10.00 $1,500.0015 SIDEWALK REMOVAL SQ FT 6,500 $1.50 $9,750.00 $4.00 $26,000.00 $3.00 $19,500.0016 CONCRETE CURB, TYPE B FOOT 150 $36.00 $5,400.00 $48.00$7,200.00 $40.00 $6,000.0017 COMBINATION CONCRETE CURB AND GUTTER, TYPE B-6.12FOOT 150 $44.00 $6,600.00 $48.00 $7,200.00 $45.00 $6,750.0018 BRICK PAVER REMOVAL AND REPLACEMENT SQ FT 50 $20.00 $1,000.00 $30.00 $1,500.00 $35.00 $1,750.00$144,885.00 $171,212.50 $201,435.00DATE: June 6, 2023TIME: 2:15 P.M.Traffic Calming Speed Humps and Alley BumpsTOTALUNIT UNIT UNITQUANTITY PRICE PRICE PRICE1 SPEED HUMPS (VARIOUS STREETS) FOOT 400 $60.00 $24,000.00 $125.00 $50,000.00 $150.00 $60,000.002 SPEED BUMPS (VARIOUS ALLEYS) FOOT 80 $38.00 $3,040.00 $125.00 $10,000.00 $150.00 $12,000.003 SPEED HUMPS AND BUMPS REMOVAL AND REPLACEMENT (ASPHALT) FOOT 250 $38.00 $9,500.00 $150.00 $37,500.00 $150.00$37,500.00$36,540.00 $97,500.00 $109,500.00ITEM NUMBERITEM UNIT TOTAL TOTAL TOTALTOTAL BIDAS CORRECTEDCITY OF EVANSTONTABULATION OF BIDS FOR2023 Alley Improvements ProjectBID NO: 23-27APPROVED ENGINEER'S ESTIMATENAME AND ADDRESS OF BIDDERSCapitol Cement Co., Inc. Sumit Construction Co., Inc.6231 North Pulaski Road 4150 W Wrightwood AvenueChicago, IL 60646 Chicago, IL 60639AS READCITY OF EVANSTONTABULATION OF BIDS FOR2024 Alley and Sidewalk ImprovementsBID NO: 24-21APPROVED ENGINEER'S ESTIMATENAME AND ADDRESS OF BIDDERSCapitol Cement Co., Inc. Sumit Construction Co., Inc.6231 North Pulaski Road 4150 W Wrightwood AvenueChicago, IL 60646 Chicago, IL 60639ITEM NUMBERITEM UNIT TOTAL TOTAL TOTALTOTAL BIDAS READAS CORRECTED9 of 10Page 13 of 15Doc ID: 06763ded165ed00620b9dbfb3ca1816887e2078c
DATE: June 4, 2024TIME: 2:15 P.M.Sidewalk Improvement ProgramTOTALUNIT UNIT UNITQUANTITY PRICE PRICE PRICE1 TREE ROOT PRUNING FOOT 200 $25.00 $5,000.00 $10.00 $2,000.00 $50.00 $10,000.002 EARTH EXCAVATION CU YD 27 $55.00 $1,485.00 $70.00 $1,890.00 $90.00 $2,430.003 TOPSOIL FURNISH AND PLACE, 4" SQ YD 70 $20.00 $1,400.00 $6.00 $420.00 $80.00 $5,600.004 SODDING, SALT TOLERANT SQ YD 70 $22.00 $1,540.00 $12.50$875.00 $25.00 $1,750.005 AGGREGATE BASE COURSE, TYPE A 4" SQ YD 342 $6.00 $2,052.00 $10.00 $3,420.00 $60.00 $20,520.006 PROTECTIVE COAT SQ YD 342 $2.00 $684.00 $2.00 $684.00 $10.00 $3,420.007 PORTLAND CEMENT CONCRETE SIDEWALK, 5 INCH SQ FT 3,076 $12.00 $36,912.00 $12.50 $38,450.00 $15.00 $46,140.008 COMBINATION CURB AND GUTTER REMOVAL FOOT 20 $10.00 $200.00 $5.00 $100.00 $10.00 $200.009 SIDEWALK REMOVAL SQ FT 1,285 $3.00 $3,855.00 $4.00 $5,140.00 $3.00 $3,855.0010 COMB. CONC. CURB & GUTTER, TYPE B-6.12 FOOT 20 $55.00 $1,100.00 $48.00 $960.00 $50.00 $1,000.0011 SIGN PANEL - TYPE 1 SQ FT 22 $40.00 $880.00 $42.00 $924.00 $35.00 $770.0012 RELOCATE SIGN ASSEMBLY - TYPE A EACH 10 $175.00 $1,750.00 $250.00 $2,500.00 $250.00 $2,500.0013 RELOCATE SIGN ASSEMBLY - TYPE B EACH 2 $350.00 $700.00 $300.00 $600.00 $250.00 $500.0014 RELOCATE SIGN PANEL - TYPE 1 SQ FT 6 $50.00 $300.00 $15.00 $90.00 $350.00 $2,100.0015 METAL POST - TYPE A FOOT 168 $30.00 $5,040.00 $18.00 $3,024.00 $15.00 $2,520.0016 THERMOPLASTIC PAVEMENT MARKING - LETTERS AND SYMBOLS SQ FT 57 $15.00 $855.00 $40.00 $2,280.00 $100.00 $5,700.0017 THERMOPLASTIC PAVEMENT MARKING - LINE 4" FOOT 228 $1.25 $285.00 $2.00 $456.00 $10.00 $2,280.0018 THERMOPLASTIC PAVEMENT MARKING - LINE 6" FOOT 16 $1.50 $24.00 $4.00 $64.00 $10.00 $160.0019 THERMOPLASTIC PAVEMENT MARKING - LINE 12" FOOT 11 $5.00 $55.00 $6.00 $66.00 $10.00 $110.0020 THERMOPLASTIC PAVEMENT MARKING - LINE 24" FOOT 6 $15.00 $90.00 $20.00 $120.00 $10.00 $60.0021 PAVEMENT MARKING REMOVAL - WATER BLASTING SQ FT 305$10.00 $3,050.00 $13.25 $4,041.25 $15.00 $4,575.0022 CONSTRUCTION LAYOUT LSUM 1 $3,000.00 $3,000.00 $15,000.00 $15,000.00 $10,000.00 $10,000.0023 REMOVING AND RESETTING BRICK PAVERS SQ FT 80 $20.00 $1,600.00 $30.00 $2,400.00 $35.00 $2,800.00$71,857.00 $85,504.25 $128,990.00CITY OF EVANSTONTABULATION OF BIDS FOR2024 Alley and Sidewalk ImprovementsBID NO: 24-21APPROVED ENGINEER'S ESTIMATENAME AND ADDRESS OF BIDDERSCapitol Cement Co., Inc. Sumit Construction Co., Inc.6231 North Pulaski Road 4150 W Wrightwood AvenueChicago, IL 60646 Chicago, IL 60639ITEM NUMBERITEM UNIT TOTAL TOTAL TOTALTOTAL BIDAS READAS CORRECTED10 of 10Page 14 of 15Doc ID: 06763ded165ed00620b9dbfb3ca1816887e2078c
Alley and Sidewalk Improvement , Bid 24 -21, M/W/D/EBE Memo 06.24.2024
To: Edgar Cano, Public Works Agency Director
Lara Biggs, P.E. Bureau Chief – Capital Planning / City Engineer
Bridget Nash, Senior Project Manager
From: Tammi Nunez, Purchasing Manager
Subject: Alley and Sidewalk Improvem ents, Bid 24-21
Date: June 24, 2024
The goal of the Minority, Women, Disadvantaged, and Evanston Business Enterprise
Program (M/W/D/EBE) is to assist such businesses with opportunities to grow. In order
to help ensure such growth, the City’s goal is to have general contractors utilize
M/W/D/EBEs to perform no less than 25% of the awarded contract. With regard to the
Alley and Sidewalk Improvement Bid 24-21, Capitol Cement Company , the total base
bid is $2,753,227.25 and they are found to comply with the City’s 25% goal.
Name of M/W/EBE
Scope of Work
Contract
Amount
%
MBE
WBE DBE
EBE
Ozinga Bros., Inc.
2525 Oakton Street
Evanston, IL 60201
Concrete Supply $456,000.00 16.5%
X
L&B Trucking, Inc.
4439 Wenonah
Stickney, IL 60402
Trucking / Hauling $48,500.00 1.8% X
Material Solutions Labor atory
1040 Bonaventure Drive
Elk Grove Village, IL 60007
Landscaping $48,100.00 1.7%
X
ALF Cartage Inc.
32 E. Lake Street
Northlake, IL 60164
Precast
Concrete/Sewer
Products
$190,364.17 6.9% X
DMA Construction LLC
4316 S. Tripp Avenue
Chicago, IL 60632
Trucking / Hauling $9,500.00 0.3%
X
Petromex, Inc.
14706 S. Hamlin Avenue
Midlothian, IL 60445
Fuel Provider $20,000.00 0.8%
X
Smith Maintenance Co.
2221 W. Walnut Street, Sui te 2
Chicago, IL 60612
Traffic Contro l and
Signage
$36,829.25 1.3% X
Total M/W/D/EBE $809,293.42 29.3%
CC: Hitesh Desai, Chief Financial Officer
Memorandum
Page 15 of 15 Doc ID: 06763ded165ed00620b9dbfb3ca1816887e2078c
Page 4 ACTIONS June 24th, 2024
Item Item Description Motion Disposition
A4.Approval of Contract Award with Capitol
Cement Co., Inc. for the 2024 Alley and
Sidewalk Improvements (Bid No. 24-21)
Staff recommended that City Council authorize the
City Manager to execute an agreement with Capitol
Cement Co., Inc. (6231 North Pulaski Road,
Chicago, IL 60646) for the 2024 Alley and Sidewalk
Improvements (Bid No. 24-21) in the amount of
$2,753,227.25.
Funding is provided from the 2024 General
Obligation (GO) Bond Fund in the amount of
$833,979.53; the Community Development Block
Grant (CDBG) Fund in the amount of $600,000.00;
the Special Assessment Fund in the amount of
$452,500.00; Cook County Grant Funding in the
amount of $400,000.00; the Sewer Fund in the
amount of $258,467.00; and American Rescue Plan
Act (ARPA) Funds in the amount of $208,280.72. A
detailed funding analysis is included in the attached
memo.
Approved for
Action 9-0
Aye: Kelly, Harris,
Wynne, Nieuwsma,
Burns,Suffredin
Revelle, Reid,
Geracaris
Doc ID: 06763ded165ed00620b9dbfb3ca1816887e2078c
EXHIBIT N iExhibit N CONTRACTOR SERVICES AGREEMENT The parties referenced herein desire to enter into an agreement for professional services for 2024 Alley and Sidewalk Improvements (BID #24-21) THIS AGREEMENT (hereinafter referred to as the “Agreement”) is entered into between the City of Evanston, an Illinois municipal corporation with offices located at 2100 Ridge Avenue, Evanston Illinois 60201 (hereinafter referred to as the “City”), and Capitol Cement Co., Inc., with offices located at 6231 North Pulaski Road, Chicago, Illinois 60646, (hereinafter referred to as the “Contractor”). Compensation (the “Compensation”) for all basic services provided by the Contractor pursuant to the terms of this Agreement shall not exceed $2,753,227.25. Revision March 2020Doc ID: 06763ded165ed00620b9dbfb3ca1816887e2078c
EXHIBIT N TABLE OF CONTENTS 1 Services and Duties of the Contractor................................................................................. 1 2 Standard Certifications ........................................................................................................ 4 3 Additional Services/Change Orders .................................................................................... 6 4 Bonds .................................................................................................................................. 9 5 Liquidated Damages in the Event Contractor Fails to Complete the Work ...................... 10 6 The City’s Responsibilities ............................................................................................... 10 7 Period of Service ............................................................................................................... 10 8 Payment for Services and Reimbursements ...................................................................... 10 9 Notice and Cure/Termination ........................................................................................... 12 10 Insurance ........................................................................................................................... 13 11 Indemnification ................................................................................................................. 14 12 Drawings and Documents ................................................................................................. 15 13 Successors and Assigns ..................................................................................................... 16 14 Force Majeure ................................................................................................................... 16 15 Amendments and Modifications ....................................................................................... 17 16 Standard of Care & Warranty ........................................................................................... 17 17 Savings Clause .................................................................................................................. 18 18 Non-Waiver of Rights ....................................................................................................... 18 19 Entire Agreement .............................................................................................................. 18 20 Governing Law ................................................................................................................. 18 21 Ownership of Contract Documents ................................................................................... 19 22 Notice ................................................................................................................................ 19 23 Severability ....................................................................................................................... 19 24 Execution of Agreement ................................................................................................... 19 25 Counterparts ...................................................................................................................... 20 26 Authorizations ................................................................................................................... 20 27 Time of Essence ................................................................................................................ 20 Doc ID: 06763ded165ed00620b9dbfb3ca1816887e2078c
RECITALS WHEREAS, the City intends to retain the services of a qualified and experienced contractor for the following: 2024 Alley and Sidewalk Improvements WHEREAS, this Agreement shall include the following documents which are attached hereto: a) City of Evanston Bid 24-21, attached as Exhibit A. b) Contractor’s response to Bid 24-21, attached as Exhibit B. c) Any sub-contractor sub-contracts related to this Agreement, attached as Exhibit C. NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, the parties agree as follows: 1 Services and Duties of the Contractor 1.1 The Contractor shall perform professional services and provide equipment (the “Work”) in accordance with Exhibits A, B, and C. The Contractor retains the right to control the manner of performance of the services provided for in this Agreement and is an independent contractor and not agent or an employee of the City. All employees and sub-contractors of the Contractor shall likewise not be considered to be employees of the City. Contractor is solely responsible for the means and methods of all work performed under the terms of this Agreement for this Project (“the Project”). Contractor is an independent Contractor and is solely responsible for all taxes, withholdings, and other statutory or contractual obligations of any sort, including but not limited to, Worker’s Compensation Insurance. Nothing in this Agreement accords any third-party beneficiary rights whatsoever to any non-party to this Agreement that any non-party may seek to enforce. Contractor acknowledges and agrees that should Contractor or its sub-contractors provide false information, or fail to be or remain in compliance with this Agreement; the City may void this Agreement. 1.2 The Contractor warrants and states that it has read the Contract Documents, and agrees to be bound thereby, including all performance guarantees as respects Contractor’s work and all indemnity and insurance requirements. Contractor further affirms that it has visited the Project site and has become familiar with all special conditions, if any, at the Project site. Contractor shall perform the Work and its obligations under this Agreement in accordance with and subject to the Contract Documents to the full extent that each such provision is applicable to the Work. Contractor shall take necessary precautions to properly protect the Work of others, if any, from damage caused by operations under this Agreement. In addition, Contractor shall protect the work during normal and adverse weather conditions until the Project is complete and accepted by the City, or until the Contractor has fully completed its work under this Agreement. Contractor’s obligations include, but are not limited to, placing and adequately maintaining at or about all locations of Project work, sufficient guards, barricades, lights, and enclosures to protect the Work. Doc ID: 06763ded165ed00620b9dbfb3ca1816887e2078c
1.3 The Contractor shall not have any public or private interest and shall not acquire directly or indirectly any such interest which conflicts in any manner with the performance of its services under this Agreement. 1.4 The Contractor shall designate, in writing, a person to act as its Project Manager for the work to be performed under this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define the Contractor’s policies and decisions with respect to the work covered by this Agreement. 1.5 The Contractor shall employ only persons duly licensed by the State of Illinois to perform the professional services required under this Agreement for which applicable Illinois law requires a license, subject to prior approval of the City. The Contractor shall employ only well qualified persons to perform any of the remaining services required under this Agreement, also subject to prior approval of the City. The City reserves the right to require replacement of Contractor, sub-contractor, or supplier personnel for any reason. Contractor will replace the unacceptable personnel at no charge to the City. For all solicitations or advertisements placed by or on behalf of Contractor for employees for this Project it will state that the Contractor is an Equal Opportunity Employer. 1.6 Pursuant to the Illinois Freedom of Information Act, 5 ILCS 140/7(2), records in the possession of others whom the City has contracted with to perform a governmental function are covered by the Act and subject to disclosure within limited statutory timeframes (five (5) working days with a possible five (5) working day extension). Upon notification from the City that it has received a Freedom of Information Act request that calls for records within the Contractor’s control, the Contractor shall promptly provide all requested records to the City so that the City may comply with the request within the required timeframe. The City and the Contractor shall cooperate to determine what records are subject to such a request and whether or not any exemption to the disclosure of such records, or part thereof, is applicable. Contractor shall indemnify and defend the City from and against all claims arising from the City’s exceptions to disclosing certain records which Contractor may designate as proprietary or confidential. Compliance by the City with an opinion or a directive from the Illinois Public Access Counselor or the Attorney General under FOIA, or with a decision or order of Court with jurisdiction over the City, shall not be a violation of this Section. 1.7 The Contractor shall obtain prior approval from the City prior to sub-contracting with any entity or person to perform any of the work required under this Agreement. The Contractor may, upon request of the City, submit to the City a draft sub-contractor agreement for City review and approval prior to the execution of such an agreement. Any previously entered into sub-contractor agreement(s) are attached as Exhibit C. If the Contractor sub-contracts any of the services to be performed under this Agreement, the sub-contractor agreement shall provide that the services to be performed under any such agreement shall not be sublet, sold, transferred, assigned or otherwise disposed of to another entity or person without the City’s prior written consent. The Contractor shall be responsible for the accuracy and quality of any sub-contractor’s work. 1.8 The Contractor shall cooperate fully with the City, other City contractors, other Doc ID: 06763ded165ed00620b9dbfb3ca1816887e2078c
municipalities and local government officials, public utility companies, and others, as may be directed by the City. This shall include attendance at meetings, discussions and hearings as requested by the City. This cooperation shall extend to any investigation, hearings or meetings convened or instituted by OSHA relative to this Project, as necessary. Contractor shall cooperate with the City in scheduling and performing its Work to avoid conflict, delay in or interference with the work of others, if any, at the Project. 1.9 The Contractor acknowledges that it shall enforce and comply with all applicable Occupational Safety and Health Administration standards (OSHA) for this Project in effect as of the date of the execution of this Agreement, or as otherwise promulgated by OSHA in the future taking effect during the pendency of this Project. Contractor shall enforce all such standards and ensure compliance thereto as to its own agents and employees, and as to the agents and employees of any sub-contractor throughout the course of this Project. Contractor is solely responsible for enforcing and complying with all applicable safety standards and requirements on this Project, and is solely responsible for correcting any practices or procedures which do not comply with the applicable safety standards and requirements for this Project. Any Project specific safety requirements applicable to this Project must be followed by Contractor and any sub-contractor(s) on the Project. Additionally, all such safety requirements shall be made a part of any sub-contractor agreement. 1.10 The Contractor shall submit to the City a progress report each month this Agreement is in effect. The report shall include the following items: a) A summary of the Contractor’s project activities, and any sub-contractor project activities that have taken place during the invoice period; b) A summary of the Contractor’s project activities and any sub-contractor project activities, that shall take place during the next invoice period; c) A list of outstanding items due to or from the City; and d) A status of the Project schedule. 1.11 The Contractor shall perform the work required under this Agreement pursuant to high quality industry standards expected by the City. The Contractor shall apply for and receive all appropriate permits before performing any work in the City. The Contractor shall also provide the appropriate permit drawings for Building Permits to be issued for the Project, if said permits are obligated by the Project. The City will assist the Contractor with obtaining the appropriate building and right-of-way permits. 1.12 The Contractor shall provide drawings of record, in the following 3 electronic formats for all locations where equipment has been installed and/or work has been performed. The electronic formats required by this Section 1.12 are Auto Cad Version 2007, ArcView and PDF. 1.13 Contractor recognizes that proper cleanup and removal of construction debris is an important safety consideration. The Contractor shall be solely responsible for daily construction site/area cleanup and removal of all construction debris in accordance with City-approved disposal practices. Contractor shall be solely responsible for identifying and removing at its expense all hazardous material and waste which it uses and generates. Doc ID: 06763ded165ed00620b9dbfb3ca1816887e2078c
1.14 To the extent that there is any conflict between a provision specified in this Agreement, with a provision specified in any of the other Contract Documents, as defined in Section 1.15, this Agreement shall control. The City and the Contractor may amend this Section 1.14 as provided by Section 15 herein. The Contractor acknowledges and agrees that the City has no retained control over any of the Work done pursuant to this Agreement, and that the City is expressly exempt from the retained control exception as defined in the Restatement of Torts, Second, Section 414. This provision shall survive completion, expiration, or termination of this Agreement. 1.15 The Contract Documents for this Project consist of: a) This Agreement; b) The City’s Bid, and the plans, specifications, general conditions, drawings addenda, and modifications thereto; c) The Contractor’s response to the Bid; d) Other exhibits and schedules, if any, listed in this Agreement; e) Amendments or Other Contract Documents, if any; and f) Amendments/Modifications to this Agreement issued after execution thereof. 1.16 As a condition of receiving payment, Contractor must (i) be in compliance with the Agreement, (ii) pay its employees prevailing wages when required by law (Examples of prevailing wage categories include public works, printing, janitorial, window washing, building and grounds services, site technician services, natural resource services, security guard and food services). Contractor is responsible for contacting the Illinois Dept. of Labor 217-782-6206; http://www.illinois.gov/idol/Laws-Rules/CONMED/Pages/Rates.aspx to ensure compliance with prevailing wage requirements), (iii) pay its suppliers and sub-contractors according to the terms of their respective contracts, and (iv) provide lien waivers to the City upon request. 2 Standard Certifications Contractor acknowledges and agrees that compliance with this section and each subsection for the term of the Agreement is a material requirement and condition of this Agreement. By executing this Agreement, Contractor certifies compliance with this section and each subsection and is under a continuing obligation to remain in compliance and report any non-compliance. This section, and each subsection, applies to sub-contractors used on this Agreement. Contractor shall include these Standard Certifications in any sub-contract used in the performance of the Agreement. If this Agreement extends over multiple fiscal years, Contractor and its sub-contractors shall confirm compliance with this section in the manner and format determined by the City by the date specified by the City and in no event later than January 1 of each year that this Agreement remains in effect. Doc ID: 06763ded165ed00620b9dbfb3ca1816887e2078c
If the City determines that any certification in this section is not applicable to this Agreement, it may be stricken, subject to sole approval by the City, without affecting the remaining subsections. 2.1 As part of each certification, Contractor acknowledges and agrees that should Contractor or its sub-contractors provide false information, or fail to be or remain in compliance with the Standard Certification requirements, one or more of the following sanctions will apply: • the Agreement may be void by operation of law, • the City may void the Agreement, and • Contractor and its sub-contractors may be subject to one or more of the following: suspension, debarment, denial of payment, civil fine, or criminal penalty. 2.2 By signing this Agreement, the Contractor certifies that it has not been barred from being awarded a contract with a unit of State or local Government as a result of bid rigging or bid rotating or similar offense, nor has it made any admission of guilt of such conduct that is a matter of public record. (720 ILCS 5/33 E-3, E-4). 2.3 In the event of the Contractor’s noncompliance with any provision of Section 1-12-5 of the Evanston City Code, the Illinois Human Rights Act or any other applicable law, the Consultant may be declared non-responsible and therefore ineligible for future contracts or sub-contracts with the City, and the contract may be cancelled 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. 2.4 During the term of this Agreement, the Contractor agrees as follows: a) That it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, marital status, national origin or ancestry, or age or physical or mental disabilities that do not impair ability to work, 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. Consultant shall comply with all requirements of City of Evanston Code Section 1-12-5. b) That, in all solicitations or advertisements for employees placed by it on its behalf, it will state that all applicants will be afforded equal opportunity without discrimination because of race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, or disability. 2.5 The Contractor certifies pursuant to the Illinois Human Rights Act (775 ILCS 5/2105 et. seq.), that it has a written sexual harassment policy that includes, at a minimum, the following information: a) The illegality of sexual harassment; b) The definition of sexual harassment under State law; c) A description of sexual harassment utilizing examples; Doc ID: 06763ded165ed00620b9dbfb3ca1816887e2078c
d) The Contractor’s internal complaint process including penalties; e) Legal recourse, investigation and complaint process available through the Illinois Department of Human Rights and the Human Rights Commission, and directions on how to contact both; and f) Protection against retaliation as provided to the Department of Human Rights. 2.6 In accordance with the Steel Products Procurement Act (30 ILCS 565), Contractor certifies steel products used or supplied in the performance of a contract for public works shall be manufactured or produced in the U.S. unless the City grants an exemption. 2.7 Contractor certifies that it is properly formed and existing legal entity and as applicable has obtained an assumed name certificate from the appropriate authority, or has registered to conduct business in Illinois and is in good standing with the Illinois Secretary of State. 2.8 If Contractor, or any officer, director, partner, or other managerial agent of Contractor, has been convicted of a felony under the Sarbanes-Oxley Act of 2002, or a Class 3 or Class 2 felony under the Illinois Securities Law of 1953, Contractor certifies at least five years have passed since the date of the conviction. 2.9 Contractor certifies that if more favorable terms are granted by Contractor to any similar governmental entity in any state in a contemporaneous agreement let under the same or similar financial terms and circumstances for comparable supplies or services, the more favorable terms will be applicable under this Agreement. 2.10 Contractor certifies that it is not delinquent in the payment of any fees, fines, damages, or debts to the City of Evanston. 2.11 The Contractor certifies that all Design Professionals performing the Work under this Agreement will ensure that the Project shall be designed in conformance with the Americans with Disabilities Act of 1990, 42 U.S.C. Section 12101, et seq., and all regulations promulgated thereunder. Design Professional means any individual, sole proprietorship, firm, partnership, joint venture, corporation, professional corporation, or other entity that offers services under the Illinois Architecture Practice Act of 1989 (225 ILCS 305/), the Professional Engineering Practice Act of 1989 (225 ILCS 325/), the Structural Engineering Licensing Act of 1989 (225 ILCS 340/), or the Illinois Professional Land Surveyor Act of 1989 (225 ILCS 330/). 2.12 The Contractor shall comply with all federal, state and local laws, statutes, ordinances, rules, regulations, orders or other legal requirements now in force or which may be in force during the term of this Agreement. The Contractor shall comply with the Illinois Human Rights Act, 775 ILCS 5/1-101 et. seq, Title VII of the Civil Rights Act of 1964, and the Illinois Prevailing Wage Act, 820 ILCS 130/0.01 et. seq. 3 Additional Services/Change Orders 3.1 If the representative of the City responsible for the Project verbally requests the Doc ID: 06763ded165ed00620b9dbfb3ca1816887e2078c
Contractor to perform additional services, the Contractor shall confirm in writing that the services have been requested and that such services are additional services. Failure of the City to respond to the Contractor’s confirmation of said services within thirty (30) calendar days of receipt of the notice shall be deemed a rejection of, and refusal to pay for the additional services. Contractor shall not perform any additional services until City has confirmed approval of said additional services in writing. If authorized in writing by the City, the Contractor shall furnish, or obtain from others, additional services of the following types, which shall be paid for by the City as set forth in Section 9 of this Agreement: a) Additional Services due to significant changes in scope of the Project or its design, including, but not limited to, changes in size, complexity or character of construction, or time delays for completion of work when such delays are beyond the control of the Contractor; b) Revisions of previously approved studies, reports, design documents, drawings or specifications; c) Preparation of detailed renderings, exhibits or scale models for the Project; d) Investigations involving detailed consideration of operations, maintenance and overhead expenses for the preparation of rate schedules, earnings and expense statements, feasibility studies, appraisals and valuations, detailed quantity surveys of material and labor, and material audits or inventories required for certification of force account construction performed by the City; e) Services not otherwise provided for in this Agreement. 3.2 The City may, upon written notice, and without invalidating this Agreement, require changes resulting in the revision or abandonment of work already performed by the Contractor, or require other elements of the work not originally contemplated and for which full compensation is not provided in any portion of this Agreement. Any additional services, abandonment of services which were authorized by the City, or changes in services directed by the City which result in the revision of the scope of services provided for in Exhibits A, B, and C that cause the total Compensation due Contractor under this Agreement to exceed $25,000 or more, or increase or decrease the contract duration by more than 30 days are subject to approval by the Evanston City Council. These actions must be addressed either in a written Change Order or in a written amendment to this Agreement approved by both parties. 3.3 Contractor acknowledges and agrees that the Public Works Construction Change Order Act, 50 ILCS 525/1 et seq. shall apply to all Change Orders for the Project. It is expressly understood and agreed to by Contractor that it shall not be entitled to any damages or Compensation from the City on account of delay or suspension of all or any part of the Work. Contractor acknowledges that delays are inherent in construction projects and Contractor assessed that risk and fully included that risk assessment within its contract sum specified in its Response to the City Bid for this Project. The City shall not compensate Contractor for work that is more difficult than the contract sum specified in its Response would reflect. Delays to minor portions of the Work will not be eligible for extensions of time. Delays to the Project caused by labor disputes or strikes involving trades not directly related Doc ID: 06763ded165ed00620b9dbfb3ca1816887e2078c
to the Project, or involving trades not affecting the Project as a whole will not be eligible for an extension of time. The City will not grant an extension of time for a delay by the Contractor’s inability to obtain materials unless the Contractor first furnishes to the City documentary proof. The proof must be provided in a timely manner in accordance with the sequence of the Contractor’s operations and accepted construction schedule. In addition to any other changes requested by City (as described in Sections 3.1 and 3.2), the Company shall be entitled to request (and the City may grant) Change Orders with respect to: (a) The City-caused delays; (b) Change in Law; (c) Force Majeure Events. The foregoing events shall entitle the Contractor to a change in the Compensation for this Project, if the Contractor demonstrates that it will unavoidably incur reasonable costs as a result thereof and the Contractor provides reasonable and detailed documentary support with respect to any such price impact. The parties agree to reasonably confer regarding any such disputes with respect to the issuance of a Change Order. Any payment for compensable delay will only be based upon actual costs excluding, without limitation, what damages, if any, the Contractor may have reasonably avoided. The Contractor understands that this is the sole basis for recovering delay damages and explicitly waives any right to calculate daily damages for office overhead, profit, or other purported loss. All Contractor Change Orders authorized under this Section 3 shall be made in writing. In remitting a Change Order, the Contractor must first show in writing that: (a) The work was outside the scope of this Agreement, (b) The extra work was not made necessary due to any fault of Contractor; (c) The circumstances said to necessitate the change in performance were not reasonably foreseeable at the time the Agreement was signed; (d) The change is germane to the original Agreement; and (e) The Change Order is in the best interest of the City and authorized by law. Any person who fails to first obtain the City’s written authorization for a Change Order commits a Class 4 felony. The written determination and the written Change Order resulting from that determination shall be preserved in the contract's file which shall be open to the public for inspection. Doc ID: 06763ded165ed00620b9dbfb3ca1816887e2078c
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5 Liquidated Damages in the Event Contractor Fails to Complete the Work 5.1 The parties agree that failure of Contractor to timely complete the Work required by this Agreement constitutes a default. The parties agree that this default will result in damage and injury to City. The parties further agree, however, that actual damages incurred by City as result of such default is difficult if not impossible to ascertain with any degree of certainty or accuracy. Accordingly, the parties have negotiated and have agreed that for each calendar day after written notice is delivered to Contractor and Contractor fails to cure such default, that Contractor will pay City, as and for liquidated damages, and not as a penalty, the sum of One Thousand Seven Hundred Twenty Five Dollars per day. Contractor shall reimburse the City for all costs, expenses and fees (including, without limitation, attorneys’ fees), if any, paid by the City in connection with such written demand by City. Contractor stipulates and agrees that the sums payable by Contractor under this Section are reasonable under the circumstances existing as of the execution of this Agreement. This Section 5.1 is not intended to limit any direct damages that may be recoverable by City related to the Contractor's failure to complete the Work in accordance with this Agreement. There shall be no early completion bonus if the Work is completed before the substantial completion date. The City, at its option, may withhold liquidated damages from progress payments payable to Contractor before the substantial completion date. 6 The City’s Responsibilities 6.1 The City may evaluate the Contractor’s and any sub-contractor’s performance (interim and final). Timeliness in meeting the Project schedule and the overall relationship with the Contractor are factors that will be considered in the Contractor’s performance rating. An unfavorable performance rating may be a factor when future assignments are being considered. 6.2 The City makes no representation or warranty of any nature whatsoever as to the accuracy of information or documentation provided by the City to the Contractor which were generated or provided by third parties. 7 Period of Service 7.1 The Contractor shall commence work on the Project after supplying the City with the Contractor’s performance and payment bonds and all required insurance documents before starting its Work on this Project. The City shall determine when the Contractor has completed the Work required pursuant to this Agreement, and shall determine the date of Final Acceptance. Contractor recognizes time is of the essence regarding its performance on this Project. Contractor shall continue to perform its obligations while any dispute concerning the Agreement is being resolved, unless otherwise directed by the City. 7.2 Each phase of the project shall be completed in accordance with the activities outlined in the City’s Bid 24-21, Exhibit A. Project phases are specified in the Contract Special Provisions. 8 Payment for Services and Reimbursements 8.1 Within the first five (5) business days of each month, the Contractor shall invoice the Doc ID: 06763ded165ed00620b9dbfb3ca1816887e2078c
City for Work completed during the previous month. The Contractor shall provide a detailed invoice that relates invoiced items to the Contractor’s response to Bid 24-21 in both quantity and unit cost. Any discrepancies in the monthly invoice shall be promptly brought to the attention of the Contractor by the City Project Manager and efforts shall be made to promptly resolve said discrepancies between the City and Contractor. In the event the City and Contractor cannot resolve invoice discrepancies, items in dispute will be removed from the invoice and the City shall approve the remainder of the invoice. Payment will be made as soon as possible following the City Council meeting in which the item appeared on the bills list, and in accordance with all applicable laws and rules of the City of Evanston and the State of Illinois. 8.2 In the event of termination by the City of this Agreement pursuant to paragraph 9.1 after completion of any phase of the basic services, fees due the Contractor for services rendered through such phase shall constitute final payment for such services, and no further fees shall be due to the Contractor. In the event of such termination by the City during any phase of the basic services, the Contractor shall be paid for services rendered on the basis of the proportion of work completed on the phase to date of termination. 8.3 The City shall have the right to withhold payment to the Contractor due to the quality of a portion or all of the work performed hereunder which is not in accordance with the requirements of this Agreement, or which is unsatisfactory, or is due to the Contractor’s failure or refusal to perform any of its obligations hereunder. Compensation in excess of the total contract amount specified in this Agreement will not be allowed unless justified in the City’s sole judgment and authorized in advance as provided for in Section 3 of this Agreement. Compensation for improper performance by the Contractor is disallowed. 8.4 Upon completion of the Work performed by the Contractor, prior to the submission of a request for final payment, the City and Contractor shall perform a final acceptance test and review of the Work performed and/or equipment installed pursuant to the Agreement. A punch list of items outstanding will be jointly developed by the City and Contractor. In addition, the Contractor shall submit drawings of record for the Project for the City to approve. The Contractor shall promptly resolve all punch list items to the satisfaction of the City, and shall transmit to the City in writing confirmation that all punch list items have been resolved. The City will review, and the Contractor shall modify, as necessary, any drawings of record to the satisfaction of the City. Punch list items and drawings of record must be approved by the City prior to the Contractor submitting its final invoice for payment. 8.5 The Contractor shall submit an Affidavit and a final waiver of its lien, and all final waivers of liens of any sub-contractors, suppliers, and sub-sub-contractors, if applicable, with its final invoice, stating that all obligations incurred in performance of the professional services have been paid in full. The Affidavit will also include a statement stating that the professional services were performed in compliance with the terms of the Agreement. The Affidavit and all final lien waivers shall be on a form acceptable to the City. 8.6 All Project invoices shall be sent to: Doc ID: 06763ded165ed00620b9dbfb3ca1816887e2078c
Bridget Nash 2100 Ridge Avenue Evanston, Illinois 60201 9 Notice and Cure/Termination 9.1 In furtherance of Contractor’s Work on this Project, the City and the Contractor agree that the following Notice and Cure provision in this Section 9.1 shall apply during the duration of Contractor’s work on this Project, in addition to the reserved rights of the City enumerated in this Agreement as follows: 5.1 Liquidated Damages; 8.3 City’s right to withhold payment; 16.2 Contractor’s duty to revise and correct errors; and 16.3 Contractor’s duty to respond to City’s notice of errors and omissions. The City may notify Contractor of its intent to terminate this Agreement within (7) seven calendar days of issuance by the City of written notice to Contractor’s Project Manager regarding defects in the Project or in Contractor’s Work. The City shall specify any such nonconforming Work or defects in the Project in its notice to Contractor under this Section 9.1. Contractor will have the opportunity to cure the non-conforming Work within (7) seven calendar days after receipt of the written notice issued by the City. All such curative work done shall be performed and completed to the City’s satisfaction. Nothing in this Section 9.1 shall otherwise affect the City’s right to exercise its rights in Section 9.2. 9.2 The City shall have the right to terminate this Agreement upon fifteen (15) days written notice for any reason. Mailing of such notice shall be equivalent to personal notice and shall be deemed to have been given at the time of receipt. Payments made by the City pursuant to this Agreement are subject to sufficient appropriations made by the City of Evanston City Council. In the event of termination resulting from non-appropriation or insufficient appropriation by the City Council, the City’s obligations hereunder shall cease and there shall be no penalty or further payment required. 9.3 Within thirty (30) days of termination of this Agreement, the Contractor shall turn over to the City any documents, drafts, and materials, including but not limited to, outstanding work product, data, studies, test results, source documents, AutoCAD Version 2007, ArcView, PDF, Word, Excel spreadsheets, technical specifications and calculations, and any other such items specifically identified by the City related to the Work herein. Upon receipt of said items, the Contractor shall be paid for labor and expenses incurred to the date of termination as provided in Section 8.2. This Agreement is subject to termination by either party if either party is restrained by a state or federal court of competent jurisdiction from performing the provisions of this Agreement. Upon such termination, the liabilities of the parties to this Agreement shall cease, but they shall not be relieved of the duty to perform their obligations through the date of termination. No lien shall be filed by the Contractor in the event of a termination of this Agreement by the City. Doc ID: 06763ded165ed00620b9dbfb3ca1816887e2078c
9.4 If, because of death or any other occurrence, including, but not limited to, Contractor becoming insolvent, it becomes impossible for any principal or principals of the Contractor to render the services set forth in this Agreement, neither the Contractor, nor its surviving principals shall be relieved of their obligations to complete the professional services. However, in the event of such an occurrence, the City at its own option may terminate this Agreement if it is not furnished evidence that competent professional services can still be furnished as scheduled. 9.5 In the event of an emergency or threat to the life, safety or welfare of the citizens of the City, the City shall have the right to terminate this Agreement without prior written notice. 10 Insurance 10.1 The Contractor shall, at its own expense, secure and maintain in effect throughout the duration of this contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder by the Contractor, its agents, representatives, employees or sub-contractors. Contractor acknowledges and agrees that if it fails to comply with all requirements of this Section 10, the City may void the Agreement. The Contractor must give to the City Certificates of Insurance identifying the City to be an Additional Insured for all Work done pursuant to this Agreement before City staff recommends award of the contract to City Council. Any limitations or modifications on the Certificate(s) of Insurance issued to the City in compliance with this Section that conflict with the provisions of this Section 10 shall have no force and effect. After award of the Contract to Contractor (contracts over $500,000 in value or if the project is deemed high risk) the Contractor shall give the City a certified copy (ies) of the insurance policy (ies) evidencing the amounts set forth in Section 10.2, and copies of the Additional Insured endorsement to such policy (ies) which name the City as an Additional Insured for all Work done pursuant to this Agreement before Contractor does any Work pursuant to this Agreement. Contractor’s certificate of insurance shall contain a provision that the coverage afforded under the policy(s) will not be canceled or reduced without thirty (30) days prior written notice (hand delivered or registered mail) to the City. Contractor shall promptly forward new certificate(s) of insurance evidencing the coverage(s) required herein upon annual renewal of the subject policies. The policies and the Additional Insured endorsement must be delivered to the City within two (2) weeks of the request. All insurance policies shall be written with insurance companies licensed or authorized to do business in the State of Illinois and having a rating of not less than A-VII according to the A.M. Best Company. Should any of the insurance policies be canceled before the expiration date, the issuing company will mail thirty (30) days written notice to the City. The Contractor shall require and verify that all sub-contractors maintain insurance meeting all of the requirements stated herein. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured Doc ID: 06763ded165ed00620b9dbfb3ca1816887e2078c
retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. 10.2 Contractor shall carry and maintain at its own cost with such companies as are reasonably acceptable to City all necessary liability insurance (which shall include as a minimum the requirements set forth below) during the term of this Agreement, for damages caused or contributed to by Contractor, and insuring Contractor against claims which may arise out of or result from Contractor’s performance or failure to perform the Services hereunder: a) Worker’s compensation in statutory limits and employer’s liability insurance in the amount of at least five hundred thousand dollars ($500,000); b) Comprehensive general liability coverage which designates the City as an additional insured for not less than three million dollars ($3,000,000) combined single limit for bodily injury, death and property damage, per occurrence; c) Comprehensive automobile liability insurance covering owned, non-owned, and leased vehicles for not less than one million dollars ($1,000,000) combined single limit for bodily injury, death, or property damage, per occurrence; and Contractor understands that the acceptance of Certificates of Insurance, policies, and any other documents by the City in no way releases the Contractor and its sub-contractors from the requirements set forth herein. Contractor expressly agrees to waive its rights, benefits and entitlements under the “Other Insurance” clause of its commercial general liability insurance policy as respects the City. Contractor expressly agrees that its insurance coverage is required to be primary by this Agreement, that its insurance coverage shall be on a primary and non-contributory basis, and that it and its insurance carrier are estopped from denying such coverage is primary. In the event Contractor fails to purchase or procure insurance as required above, the parties expressly agree that Contractor shall be in default under this Agreement, and that the City may recover all losses, attorney’s fees and costs expended in pursuing a remedy, or reimbursement, at law or in equity, against Contractor. 11 Indemnification 11.1 The Contractor shall defend, indemnify and hold harmless the City and its officers, elected and appointed officials, agents, and employees from any and all liability, losses, or damages as a result of claims, demands, suits, actions, or proceedings of any kind or nature, including but not limited to costs, and fees, including attorney’s fees, judgments or settlements, resulting from or arising out of any negligent or willful act or omission on the part of the Contractor or Contractor’s sub-contractors, employees, agents or sub-contractors during the performance of this Agreement. Such indemnification shall not be limited by reason of the enumeration of any insurance coverage herein provided. This provision shall survive completion, expiration, or termination of this Agreement. 11.2 Nothing contained herein shall be construed as prohibiting the City, or its officers, Doc ID: 06763ded165ed00620b9dbfb3ca1816887e2078c
agents, or employees, from defending through the selection and use of their own agents, attorneys, and experts, any claims, actions or suits brought against them. The Contractor shall be liable for the costs, fees, and expenses incurred in the defense of any such claims, actions, or suits. Nothing herein shall be construed as a limitation or waiver of defenses available to the City and employees and agents, including but not limited to the Illinois Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/1-101 et seq. At the City Corporation Counsel’s option, Contractor must defend all suits brought upon all such Losses and must pay all costs and expenses incidental to them, but the City has the right, at its option, to participate, at its own cost, in the defense of any suit, without relieving Contractor of any of its obligations under this Agreement. Any settlement of any claim or suit related to this Project by Contractor must be made only with the prior written consent of the City Corporation Counsel, if the settlement requires any action on the part of the City. To the extent permissible by law, Contractor waives any limits to the amount of its obligations to indemnify, defend, or contribute to any sums due under any Losses, including any claim by any employee of Contractor that may be subject to the Illinois Workers Compensation Act, 820 ILCS 305/1 et seq. or any other related law or judicial decision, including but not limited to, Kotecki v. Cyclops Welding Corporation, 146 Ill. 2d 155 (1991). The City, however, does not waive any limitations it may have on its liability under the Illinois Workers Compensation Act, the Illinois Pension Code or any other statute. 11.3 The Contractor shall be responsible for any losses and costs to repair or remedy work performed under this Agreement resulting from or arising out of any act or omission, neglect, or misconduct in the performance of its Work or its sub-contractors’ work. Acceptance of the work by the City will not relieve the Contractor of the responsibility for subsequent correction of any such error, omissions and/or negligent acts or of its liability for loss or damage resulting therefrom. 11.4 All provisions of this Section 11 shall survive completion, expiration, or termination of this Agreement. 12 Drawings and Documents 12.1 Any drawings, survey data, reports, studies, specifications, estimates, maps, plans, computations, and other documents required to be prepared by the Contractor for the Project shall be considered Works for Hire and the sole property of the City. 12.2 The Contractor and its sub-contractor shall maintain for a minimum of three (3) years after the completion of this Agreement, or for three (3) years after the termination of this Agreement, whichever comes later, adequate books, records and supporting documents to verify the amounts, recipients and uses of all disbursements of funds passing in conjunction with the Agreement. The Agreement and all books, records and supporting documents related to the Agreement shall be available for review and audit by the City and the federal funding entity, if applicable, and the Contractor agrees to cooperate fully with any audit conducted by the City and to provide full access to all materials. Failure to maintain the books, records and supporting documents required by this Doc ID: 06763ded165ed00620b9dbfb3ca1816887e2078c
Subsection shall establish a presumption in favor of the City for recovery of any funds paid by the City under the Agreement for which adequate books, records, and supporting documentation are not available to support their purported disbursement. 13 Successors and Assigns 13.1 The City and the Contractor each bind themselves and their partners, successors, executors, administrators, and assigns to the other party of the Agreement and to the partners, successors, executors, administrators, and assigns of such other party in respect to all covenants of this Agreement. Neither the City nor the Contractor shall assign, sublet, or transfer its interest in this Agreement without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body, which may be a party hereto, nor shall it be construed as giving any right or benefits hereunder to anyone other than the City and the Contractor. 14 Force Majeure 14.1 Whenever a period of time is provided for in this Agreement for the Contractor or the City to do or perform any act or obligation, neither party shall be liable for any delays or inability to perform if such delay is due to a cause beyond its control and without its fault or negligence including, without limitation: a) Acts of nature; b) Acts or failure to act on the part of any governmental authority other than the City or Contractor, including, but not limited to, enactment of laws, rules, regulations, codes or ordinances subsequent to the date of this Agreement; c) Acts or war; d) Acts of civil or military authority; e) Embargoes; f) Work stoppages, strikes, lockouts, or labor disputes; g) Public disorders, civil violence, or disobedience; h) Riots, blockades, sabotage, insurrection, or rebellion; i) Epidemics or pandemics; j) Terrorist acts; k) Fires or explosions; l) Nuclear accidents; m) Earthquakes, floods, hurricanes, tornadoes, or other similar calamities; n) Major environmental disturbances; or o) Vandalism. If a delay is caused by any of the force majeure circumstances set forth above, the time period shall be extended for only the actual amount of time said party is so delayed. Further, either party claiming a delay due to an event of force majeure shall give the other party written notice of such event within three (3) business days of its occurrence or it shall be deemed to be waived. Doc ID: 06763ded165ed00620b9dbfb3ca1816887e2078c
15 Amendments and Modifications 15.1 Except as otherwise provided herein, the nature and scope of Work specified in this Agreement may only be modified by a written Change Order, or a written amendment to this Agreement, approved by both parties. This Agreement may be modified or amended from time to time provided, however, that no such amendment or modifications shall be effective unless reduced to writing and duly authorized and signed by the authorized representatives of the parties. 16 Standard of Care & Warranty 16.1 The Contractor shall perform all of the provisions of this Agreement to the satisfaction of the City. The City shall base its determination of the Contractor’s fulfillment of the scope of the work in accordance with generally accepted professional standards applicable to the Work for this Project. The Contractor shall perform all of the provisions of this Agreement with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar conditions. 16.2 The Contractor shall be responsible for the accuracy of its professional services under this Agreement and shall promptly make revisions or corrections resulting from its errors, omissions, or negligent acts without additional compensation. The City’s acceptance of any of the Contractor’s professional services shall not relieve the Contractor of its responsibility to subsequently correct any such errors or omissions. If a Contractor has provided the City with specifications for this Project which are determined to be incorrect or which require revision during the solicitation process (including but not limited to Requests for Proposals, Requests for Qualifications, or bids), the Contractor shall make such corrections or revisions to the specifications at no cost to the City. Further, upon receipt of an invoice from the City, the Contractor shall promptly reimburse the City for the reasonable costs associated with the preparation and dissemination of said corrections or revisions to appropriate parties, including but not limited to preparation of the corrected or revised documents, and printing and distribution costs. 16.3 During the pendency of its Work on this Project, the Contractor shall respond to the City’s notice of any errors or omissions within twenty-four (24) hours. The Contractor shall be required to promptly visit the Project site(s) if directed to by the City. 16.4 The Contractor shall comply with all federal, state, and local statutes, regulations, rules, ordinances, judicial decisions, and administrative rulings applicable to its performance under this Agreement. 16.5 Contractor guarantees and warrants to the City that: a) All materials and equipment furnished under this Agreement shall be of good quality and new, unless otherwise required or permitted by the Contract Documents; b) The Work of this Agreement shall be free from defects which are not inherent in the quality required; and c) The Work shall comply with the requirements set forth in the Contract Documents. Doc ID: 06763ded165ed00620b9dbfb3ca1816887e2078c
This warranty and guarantee shall be for a period of one (1) year from the date of completion and Final Acceptance of the Work by the City, or as otherwise provided in the Contract Documents. If, within the one year warranty period, after the Contractor has received a final payment under this Agreement, any of the Work is found to be not be in accordance with the requirements of this Agreement, or where defects in materials or workmanship may appear, or be in need of repair, the Contractor shall correct non-conforming and/or defective work or materials promptly after receipt of written notice from the City. Contractor shall immediately at its own expense repair, replace, restore, or rebuild any such Work. This remedy is in addition to any other legal or equitable remedies the City may have under this Agreement or the law. This guarantee and warranty shall not relieve Contractor of liability for latent defects, and shall be in addition to the City’s rights under the law or other guarantees or warranties, express or implied. 16.6 The provisions of this Section 16 shall survive the completion, expiration or termination of this Agreement. 17 Savings Clause 17.1 If any provision of this Agreement, or the application of such provision, shall be rendered or declared invalid by a court of competent jurisdiction, or by reason of its requiring any steps, actions, or results, the remaining parts or portions of this Agreement shall remain in full force and effect. 18 Non-Waiver of Rights 18.1 No failure or delay by the City to exercise any power given to it hereunder or to insist upon strict compliance by Contractor with its obligations hereunder, nor any payment made by the City under this Agreement, shall constitute a waiver of the City’s right to demand strict compliance with the terms hereof, unless such waiver is in writing and signed by the City. 19 Entire Agreement 19.1 This Agreement sets forth all the covenants, conditions and promises between the parties with regard to the subject matter set forth herein. There are no covenants, promises, agreements, conditions or understandings between the parties, either oral or written, other than those contained in this Agreement. This Agreement has been negotiated and entered into by each party with the opportunity to consult with its counsel regarding the terms therein. No portion of the Agreement shall be construed against a party due to the fact that one party drafted that particular portion as the rule of contra proferentem shall not apply. 20 Governing Law 20.1 This Agreement shall be construed in accordance with and subject to the laws and rules of the City of Evanston and the State of Illinois both as to interpretation and performance. Doc ID: 06763ded165ed00620b9dbfb3ca1816887e2078c
Doc ID: 06763ded165ed00620b9dbfb3ca1816887e2078c
25 Counterparts 25.1 For convenience, this Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original. 26 Authorizations 26.1 The Contractor’s authorized representatives who have executed this Agreement warrant that they have been lawfully authorized by the Contractor’s board of directors or its bylaws to execute this Agreement on its behalf. The City Manager affirms that he/she has been lawfully authorized to execute this Agreement. The Contractor and the City shall deliver upon request to each other copies of all articles of incorporation, bylaws, resolutions, ordinances, or other documents which evidence their legal authority to execute this Agreement on behalf of their respective parties. 27 Time of Essence 27.1 Time is of the essence with respect to each provision hereof in which time is a factor. Doc ID: 06763ded165ed00620b9dbfb3ca1816887e2078c
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07 / 01 / 2024
Doc ID: 06763ded165ed00620b9dbfb3ca1816887e2078c
Contract with Capitol Cement Co., Inc. for the 2024 Alley...
2024_Alley_and_Si...for_Signature.pdf
06763ded165ed00620b9dbfb3ca1816887e2078c
MM / DD / YYYY
Signed
07 / 01 / 2024
09:29:07 UTC-5
Sent for signature to Alexandra Ruggie
(aruggie@cityofevanston.org) and Luke Stowe
(lstowe@cityofevanston.org) from lthomas@cityofevanston.org
IP: 66.158.65.76
07 / 01 / 2024
09:31:15 UTC-5
Viewed by Alexandra Ruggie (aruggie@cityofevanston.org)
IP: 66.158.65.76
07 / 01 / 2024
09:31:23 UTC-5
Signed by Alexandra Ruggie (aruggie@cityofevanston.org)
IP: 66.158.65.76
07 / 01 / 2024
16:31:43 UTC-5
Viewed by Luke Stowe (lstowe@cityofevanston.org)
IP: 66.158.65.76
07 / 01 / 2024
16:32:04 UTC-5
Signed by Luke Stowe (lstowe@cityofevanston.org)
IP: 66.158.65.76
The document has been completed.07 / 01 / 2024
16:32:04 UTC-5