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R-74-07 Award of Contract for Front Street/River Street Improvements-Phase 20 RESOLUTION 2 14- o 7 RESOLUTION AUTHORIZING AWARD OF CONTRACT FOR FRONT STREET /RIVER STREET IMPROVEMENTS — PHASE 2 WHEREAS, the Village of Lemont requires that the Front Street/River Street Improvements — Phase 2 be completed; and WHEREAS, the Village seeks to utilize the construction firm of Morris Excavating (under The Pickus Company, as Construction Manager) for such work; and WHEREAS, Morris Excavating submitted a contract to The Pickus Company, Construction Manager, for such excavating work, in the amount $143,294.00. NOW, THEREFORE, BE IT RESOLVED, by the President and Board of Trustees that the Contract with Morris Excavating (under The Pickus Company, as Construction Manager) is hereby approved. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND DuPAGE, ILLINOIS, on this 19th day of November, 2007 Debby Blatzer Peter Coules Clifford Miklos Brian Reaves Ronald Stapleton Jeanette Virgilio AYES NAYS PASSED ABSENT t/ v V U Approved by me this 19th day of November, 2007. Attest: CHARLENE SMOLLEN, Village Clerk 421 JO N F. P AZ' A, i a President Approved as to form: JOHN ANTONOPOULOS, Village Attorney Date: Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum — Construction Manager- Adviser Edition A1A Document A101 /CMa - Electronic Format THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES: CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. The 1992 Edition of AIA Document A201 /CMa, General Conditions of the Contract for Construction, Construction Manager- Adviser Edition, is adopted in this document by reference. Do not use with other general conditions unless this docunent is modified. Copyright 1975, 1980, copyright 1992 by The American Institute of Architects, 1735 New York Avenue N.W., Washington D.C. 20006 -5292. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AGREEMENT made as of the 17th day of October in the year of 2007 (In words. indicate day. month and year) BETWEEN the Owner: (Name and address) and the Contractor: Village of Lemont 418 Main Street Lemont, IL 60439 Morris Excavating 29 Forestwood Court Romeoville, IL 60446 For the following Project: River Street & Front Street Improvements — Phase II Roadway and Landscape Work The Construction Manager is: The Engineers are: The Pickus Companies 3330 Skokie Valley Road, Suite 200 Highland Park, IL 60035 URS Corporation 100 South Wacker Drive, Suite 500 Chicago, IL 60606 Frank Novotny & Associates 825 Midway Drive Willowbrook, IL 60527 The Owner and Contractor agree as set forth below. 1 of 5 ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement; these form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: See Attachment #4 ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3.1 The date of commencement is the date from which the Contract Time of Paragraph 3.2 is measured, and shall be the date of this Agreement, as first written above, unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement, if it dfersfrom the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed.) Unless the date of commencement is established by a notice to proceed issued by the Owner, the Contractor shall notify the Owner, through the Construction Manager, in writing not less than five days before commencing the Work to permit the timely filing of mortgages, mechanic's liens and other security interests. Work must commence in the field on or about October 15, 2007. 3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than May 30, 2008. (Insert the calendar date or number of calendar days after the date of commencement. Also insert any requirements for earlier Substantial Completion of certain portions of the Work if not stated elsewhere in the Contract Documents) subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions. if any. for liquidated damages relating to failure to complete on time.) ARTICLE 4 CONTRACT SUM 4.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of One Hundred Forty -Three Thousand Two Hundred Ninety -Four & NO/100 Dollars - - - - -- ($143,294.00), subject to additions and deductions as provided in the Contract Documents. 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: N/A (State the numbers or other identification of accepted alternates. If decisions on other alternates are to be made by the Owner subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date until which that amount is valid.) 4.3 Unit prices, if any, are as follows: See Attachment #5 2 of 5 ARTICLE 5 PROGRESS PAYMENTS 5.1 Based upon Applications for Payment submitted by the Contractor to the Construction Manager, and upon Project Applications and Certificates for Payment issued by the Construction Manager and Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. 5.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month. 5.3 Provided an Application for Payment is submitted to the Construction Manager not later than the day of a month, the Owner shall make payment to the Contractor not later than the day of the month. If an Application for Payment is received by the Construction Manager after the application date fixed above, payment shall be made by the Owner not later than days after the Construction Manager receives the Application for Payment. 5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Construction Manager or Architect may require. This schedule, unless objected to by the Construction Manager or Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less retainage of Ten percent (10 %). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included as provided in Subparagraph 7.3.7 of the General Conditions; 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of ten percent (10 %); 5.6.3 Subtract the aggregate of previous payments made by the Owner; and 5.6.4 Subtract amounts, if any, for which the Construction Manager or Architect has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of the General Conditions. 5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be further modified under the following circumstances: 5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to Ninety percent (90 %) of the Contract Sum, less such amounts as the Construction Manager recommends and the Architect determines for incomplete Work and unsettled claims; and 5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of the General Conditions. 5.8 Reduction or limitation of retainage, if any, shall be as follows: (!fit is intended. prior 10 Substantial Completion of the entire Work, to reduce or limit the retainoge resulting from the percentages inserted in Subparagraphs 5.6.1 and 5.6.2 above. and this is not explained elsewhere in the Contract Documents. insert here provisions for such reduction or limitation.) ARTICLE 6 FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final 3 of 5 payment; and (2) a final Project Certificate for Payment has been issued by the Construction Manager and Architect; such final payment shall be made by the Owner not more than 30 days after the issuance of the final Project Certificate for Payment, or as follows: ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) None (Usury laws and requirements under the Federal Truth in Lending Act. similar state and local consumer credit laws and other regulations at the Owner's and Contractor's principal places of business. the location of the Project and elsewhere may affect the validity of this provision. Legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) 7.3 Temporary facilities and services: (Here insert temporary facilities and services which are different from or in addition to those included elsewhere in the Contract Documents.) 7.4 Other Provisions: (Here list any special provisions affecting the Contract.) ARTICLE 8 TERMINATION OR SUSPENSION 8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General Conditions. 8.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions. ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor, AIA Document A101 /CMa, 1992 Construction Manager- Adviser Edition. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction, AIA Document A201 /CMa, 1992 Construction Manager- Adviser Edition. 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated May, 2007 and are as follows: Document Al Title Pages Special Provision B1 -B -124 Village of Lemont Standard Specification B- 101 -6110 Soil Borings 9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 9.1.3, and are as follows: (Either list the Specifications here or refer to an exhibit attached to this Agreement) Document Title Pages Al Special Provision B1 -B -124 Village of Lemont Standard Specification B- 101 -B110 4 of 5 . 9.1.5 The Drawings are as follows, and are dated unless a different date is shown below: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Document See Attachment #2 9.1.6 The Addenda, if any, are as follows: Document None Title Pages Title Pages Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. 9.1.7 Other documents, if any, forming part of the Contract Documents are as follows: (List here any additional documents which are intended to form part of the Contract Documents. 11le General Conditions provide that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders. sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement . llley should be listed here only ifintended to be part of the Contract Documents,) This Agreement is entered into as of the day and year first written above and is executed in at least four original copies of which one is to be delivered to the Contractor, one each to the Construction Manager and Architect for use in the administration of the Contract, and the remainder to the Owner. OWNER CONTRACTOR Village of Lemont Morris Excavating, Inc. Atutei (Signature) (Signature) (Printed name and it/e) (Printed name and title) John F. Pia • a, President 5 of 5 ATTACHMENT #2 PLANS AND SPECIFICATIONS Front and River Street Improvements Phase 2 Lemont, IL Latest Drawing # Description Date Revision Date C0.00 COVER SHEET 06/07/07 C0.20 TYPICAL ROAD SECTION AND DETAILS 06/07/07 C0.30 EXISTING CONDITIONS AND SOIL BORING PLAN 06/07/07 C0.40 DEMOLITION PLAN 06/07/07 C0.50 ALIGNMENT AND TILES PLAN 06/07/07 C0.60 SUMMARY OF QUANTITIES 06/07/07 C1.00 FRONT STREET PLAN AND PROFILE STA 10 +00 -15 +50 06/07/07 9/20/07 C1.01 FRONT STREET PLAN AND PROFILE STA 15 +50 - 20 +75 06/07/07 C1.02 RIVER STREET PLAN AND PROFILE STA 50 +00 - 55 +00 06107/07 C1.03 RIVER STREET PLAN AND PROFILE STA 55 +00 - 60 +90 06/07/07 C1.04 GRADING AND EROSION CONTROL PLAN WEST 06/07/07 C1.05 GRADING AND EROSION CONTROL PLAN EAST 06/07/07 C2.00 LAYOUT AND MATERIAL PLAN - WEST 06/07/07 C2.01 LAYOUT AND MATERIAL PLAN - EAST 06/07/07 C3.00 STORM WATER POLLUTION PREVENTION PLAN 06/07/07 C3.01 UNDERGROUND UTILITY DETAILS 06/07/07 C3.02 UNDERGROUND UTILITY DETAILS 06/07/07 C3.03 MODULAR BLOCK WALL DETAILS 06/07/07 C4.00 FRONT STREET CROSS SECTIONS 06/07/07 C4.01 FRONT STREET CROSS SECTIONS 06/07/07 C4.02 RIVER STREET CROSS SECTIONS 06/07/07 C4.03 RIVER STREET CROSS SECTIONS 06/07/07 E1.00 STREET LIGHTING PLAN WEST 06/07/07 E1.01 STREET LIGHTING PLAN EAST 06/07/07 E2.00 STREET LIGHTING DETAILS 06/07/07 E2.01 STREET LIGHTING DETAILS 06/07/07 E2.02 STREET LIGHTING DETAILS 06/07/07 L1.00 CONCRETE LAYOUT AND SOD LIMITS WEST SIDE 06/07/07 L1.01 OVERALL LANDSCAPE PLAN 06/07/07 L1.02 HARDSCAPE LAYOUT - CLAY PAVERS 06 /07/07 L1.03 HARDSCAPE LAYOUT- CONCRETE PAVERS 06/07/07 L3.01 CLAY PAVER PANEL LAYOUT 06/07/07 L3.02 CONCRETE PAVER PANEL LAYOUT 06/07/07 L3.10 HARDSCAPE DETAILS 06/07/07 L3.11 LANDSCAPE SPECIFICATIONS AND DETAILS 06/07/07 L4.00 IRRIGATION SCOPE PLAN 06/07/07 34 FLAG PEOPLE 1 33 TRAFFIC CONTROL DEVICES 32 1JULIE LOCATES 31 SPOIL REMOVAL 30 SAWCUTTING 29 PROOF ROLL SUBGRADE 1 28 'DUST CONTROL 27 iWATER PUMPING 26 (MAINTAIN PROPER DRAINAGE REQUIRED TO KEEP SITE FROM PONDING WATER LANDSCAPE AREAS, CONCRETE PAVERS & RETAINING WALL 25 EXCAVATE, BACKFILL, & COMPACT FOR ALL ROADS, CURBS, SIDEWALKS, APRONS, 24 REMOVE EXISTING LIGHT POLE & FOUNDATION 23 :REMOVE INLETS 22 :TREE & BRUSH REMOVAL 21 :CONCRETE REMOVAL 20 CURB & GUTTER REMOVAL 19 'INLET & PIPE PROTECTION 18 PERIMETER EROSION BARRIER 17 EARTH EXCAVATION / ASPHALT REMOVAL 16 PROTECT YOUR WORK 15 :SUBMITTALS 14 UNIT PRICES 13 ALLOWANCES 12 REINSPECTIONS /RETESTING 11 ?INSPECTIONS 10 PRODUCT OPTIONS & SUBSTITUTIONS 1 9 STAFF THE JOB PER THE SCHEDULE 1 8 SUBMITTAL REVIEW 1 7 PERSONAL PROTECTIVE EQUIPMENT 0) m m 5 ALL WORK PER PLANS DATED JUNE 6 2007 AND SPECS DATED MAY 2007 1 4 PREVAILING WAGE RATES & LAW 820 ILCS 130/0.01 / PER SPEC PAGES B- 22 -B -26 3 PERFORMANCE & PAYMENT BOND 2 DUMPSTERS 1 DAILY CLEAN UP - NO. DESCRIPTION X X x X x X X X x X X x X X X X X X X X X x x x x x x x X X X n r x x x IF REQUIRED FOR EXCAVATION WORK ONLY IF REQUIRED FOR EXCAVATION WORK ONLY ALL WORK IS TO BE + / -.10 FEET OF SUBGRADE ELEVATIONS LEGALLY DISPOSE LEGALLY DISPOSE LEGALLY DISPOSE LEGALLY DISPOSE LEGALLY DISPOSE INSTALL & MAINTAIN INSTALL & MAINTAIN ACCEPTANCE BY SUPERINTENDENT UPON COMPLETION OF WORK 1 DUE 3 DAYS AFTER NOTICE TO PROCEED /CONTRACT SEE BREAKDOWN ON ATTACHMENT # 5 COSTS RESPONSIBILITY OF SUBCONTRACTOR SCHEDULING RESPONSIBILITY OF SUBCONTRACTOR BACKCHARGE FOR ALL ADMIN COSTS TO SUBMIT SUBSTITUTIONS SUBMITTED SCHEDULE REVIEWED & DISCUSSED BACKCHARGE FOR ANY REVIEWS AFTER ONE RESUBMITTAL PER OSHA AND LOCAL REQUIREMENTS 1 NO TAX JOB WEEKLY CERTIFIED PAYROLLS REQUIRED (2 ORIGINALS REQUIRED) BACKCHARGES FOR GC CLEANUP REMARKS :M31A2131NI 3O 31V0 :SS3NISf1911VWS m x fMH1 . SNl0N300V co z 0 z 0 N z m a) ❑ w X z z 0 0 SUBCONTRACTOR: MORRIS EXCAVATING :NOI1d1BOS30 )I IOMHflIV3 :N391AIfN 90f O :N011039 NOI1VOId103dS 1 m 0 1 0 AON MUOJd )11:10M AO 3d0OS 4'ON IN3WHOV1IV JOB NAME: FRONT RIVER STREET IMPROVEMENTS -PHASE 2, LEMONT, IL. m 1 m m 0 w O O V :S.LN3WW00 z D r m 831111NVf10 3O NOI1VOIdRl3A w 0) 3ONV DSNI SNOI1VZI1 ROW Aldillfl X X TO BE AGREED UPON BY CITY, ENGINEER, PICKUS &MORRIS EX. NOI1V3Id103dS aid E NISVHd BOP 213d )21OM AO 3dO3S 0 z m m T 0 Z m CO 1 XI m m 1 0 m m m z H 2 m m N m 0 z 1 r 1 0 WV 4Z:1- :LOOZl91401. :311I1l31VO 1N31/111,4OO SUBCONTRACTOR: MORRIS EXCAVATING :NOI1d111OS3O M21OMH12IV3 a39Wf1N BOr 0 z m m -n z 0 z mm N -1 N O_ ii 0 m z 0) N N m 1 m 0 z F C7 rn 0 N S3OIdd.LINf1 DATE/TIME: 10/15/2007, 9:04 AM `Total 8 REMOVE EXISTING LIGHT POLE & FOUNDATION _ I 7 ;REMOVING INLETS - 5 CONCRETE REMOVAL 4 CURB & GUTTER REMOVAL 3 :INLET & PIPE PROTECTION 2 ;PERIMETER EROSION BARRIER 1 EARTH EXCAVATION PERFORMANCE & PAYMENT BOND INSURANCE INC. 1 DESCRIPTIONS EACH m 0 > 2 AO FOOT D FOOT I -<ww CA UNIT W .■ 3.8 O " 1209 4435 J i .1 QUANTITY $ 362.00 $ 425.00 or W N 171 0 O 40 Of N M •1 N 0 O M N 171 CD M N CO W CO N 00 O 97 0 0 $ 715.56 UNIT PRICE Vi W CND A O O $ 1,086.00 I Eft N N C O 1 $ 1,235.00 1 $ 3,678.12 $ 2,175.00 H W -I m N N AO V m A -+ O $ 2,866.00 I M N N N TOTAL SUBCONTRACTOR: MORRIS EXCAVATING :NOI1d111OS3O M21OMH12IV3 a39Wf1N BOr 0 z m m -n z 0 z mm N -1 N O_ ii 0 m z 0) N N m 1 m 0 z F C7 rn 0 N S3OIdd.LINf1 DATE/TIME: 10/15/2007, 9:04 AM RETURN WITH BID CERTIFICATg OF UNDERSTANDING REGARDING HOLD HARMLESS & INSURANCE COVERAGE REQUIREMENTS OWNER: Village of Lemont PROJECT NO.: 07042 PROJECT DESCRIPTION: Front Street & River Street Improvements — Phase II Roadway & Landscape Work THIS IS TO CERTIFY TkIAT.I, '10.-vcne-s MOvci's ,t�Presiderr 'rincipaUPartner of PA t, V I (hereinafter referred to as the "Contractor), have read the "Hold Harmless and Insurance Provisions" incorporated in the attached Proposal Document and possess full authority and power to legally bind said Contractor to same. I, FURTHER AGREE AND CERTIFY, that if awarded a Contract for the above named project, I will direct our insurance agent or representative to provide any and all required insurance policies outlined in said "Hold Harmless and Insurance Requirements" to afford the required coverage for the Owner, the Village of Lemont, the Engineer, Frank Novotny & Associates, Inc., and any and ail other entities so named in said "Insurance Requirements" section. I, FURTHER UNDERSTAND, that all expenses relating to the issuance of said policies of insurance will be solely at the Contractor's expense, and that the Contractor will pay all liability for failure to keep said insurance policies in full force and effect for the duration of the project and as required in said "Insurance Requirements ". Additionally, I will not allow any reduction in any of the "Limits of Coverage" afforded in said policies. I further. understand and agree that we, as Contractor, will be totally liable and responsible for any direct and/or indirect consequences arising from our failure to comply with these Insurance Requirements. FINALLY, I UNDERSTAND AND AGREE, that if said Insurance Requirements are not fulfilled, we, the Contractor, will bear full responsibility for paying any and all costs of litigation, including but not limited to, settlement costs and attomey's fees resulting from any and all claims against the Owner and/or Engineer relating to the subject project. Dated this 14k day of OCA-Dsb�C WITH _ S: BY: 90/ZO 39t1d (SECRETARY /N • TARY) (5 E A L) OFFICIAL SEAL BRIAN L. KNEYNSBERG NOTARY PUBLIC, STATE OF ILLINOIS MY COMMISSION EXPIRES 3 -16 -2003 , 2007. CONTRACTOR'S NAME: M of' ti3 Prre cLAANn 3-v-e ADDRESS: VI F -, lo kzirn S3INCdI' OO SIl>lOId SIGNS =�' �����• (Presi' `rincipal /P. a+' c* n> Nti�r C -9 (Typed/Printed Name) 09L718908 IS :80 LOOZ /TT /0T [RETURN WITH BID CONTRACTOR'S BID RIGGING CERTIFICATION As Required Under Article 33E, "Public Contracts ", of the Criminal Code of 1961 (720 ILCS 5/22E -1 Thru 5/33E -13) /&C iris irsAC (Print Name of Con actor) a COCIDac 0:'1 (Corporation, Partnership) (Sole Proprietorship) as part of his/its bid on this Contracthereby certifies that the Contractor is not barred from bidding on this Contract as a result of a violation of either Section 5133E -3 (bid - • • •' or 5/33E -4 (bid - rotating) of Article 33E of Act 5"..!Crirfiinal C de of 19 • , - =n. -. Dated: tO —11.— X007 ( ignature Title: P re s � .et4 CONTRACTOR'S TAX DELINQUENCY CERTIFICATION As required under 65 ILCS 5/11 - 42.1 -1, provisions require that the Contractor certify that there are no delinquent taxes outstanding that are otherwise due the Department of Revenue unless they are being contested in accordance with established procedures. The undersigned official of the Contractor hereby certifies that there are no violations of the aforementioned at or if violations do exist, they are being contested properly. Dated: 10 -i. \- act 7 • Title: (Signature)( STATE OF ILLINOIS ) COUNTY OF 1i1m5 ) ; SS I, the undersigned, a Notary Public in and for the State and County aforesaid, hereby certify that leCV M IN I S (Name of Signatory) appeared before me this day in person and, being first duly sworn on oath, acknowledge that he /she executed the foregoing certifications as his/her free act and deed. Dated: tiO - azeD 7 OFFICIAL SEAL (NOTARY SEAL) BRIAN L. KNEYNSBERG NOTARY PUBLIC, STATE OF ILLINOIS MY COMMISSION EXPIRES 3-16.2Q(e_ 10 90/E0 3SVd S3INadWO3 SIl>10Id 09L17189L1'8 I9 :80 an/TT/OT RETURN WITH BID CONTRACTOR'S DRUG- FREE WORKPLACE CER77F1CATION Pursuant to 30 ILCS 580/1, et seq. ("Drug -Free Warkplace Act"), the undersigned Contractor hereby certifies to the contracting agency that it will provide a drug -free workplace by: A. Publishing a statement: 1) Notifying employees that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance including cannabis, is prohibited in the grantee's or Contractor's workplace. 2) Specifying the actions that will be taken against employees for violations of such prohibition. 3) Notifying the employee that, as a condition of employment on such Contract or grant, the employee will: (a) abide by the terms of the statement; and (b) notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction. B. Establishing a drug -free awareness program to inforrn employees about: 1) the dangers of drug abuse in the workplace; 2) the grantee's or Contractor's policy of maintaining a drug -free workplace; 3) any available drug counseling, rehabilitation, and employee assistance program; and 4) the penalties that may be imposed upon employees for drug violations. C. Making it a requirement to give a copy of the statement required by Subsection A to each employee engaged in the performance of the Contract or grant, and to post the statement in a prominent place in the workplace. D. Notifying the contracting agency within 10 days after receiving notice under page (b) of paragraph 3) of Subsection A from an employee or otherwise receiving actual notice of such conviction. 90/170 39 d S3INCdWOO Sn?10Id C -11 09L17t89L178 T9 :80 L00Z /TT /0I RETURN WITH BID CONTRACTOR'S DRUG -FREE WORKPLACE CERTIFICATION, Cont'd. E. Imposing a sanction on, or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program by any employee who is so convicted, as required by 30 ILCS 580/5. F. Assisting employees in selecting a course of action in the event drug counseling treatment and rehabilitation is required and indicating that a trained referral team is in place. G. Making a good faith effort to continue to, maintain a drug -free workplace through implementation of this Section. Failure to abide by this certification shall subject the Contractor to the penalties in 30 ILCS 580/6. Dated: lQ `t\ ar0 7 Contractor '(Authorized Agent of Contractor) P Title: re GC t' "fit STATE OF ILLIN IS ) COUNTY OF - SS I, the undersigned, a Notary Public in and for the State and County aforesaid, hereby certify that hoc v Cs. (Name of Signatory) appeared before me this day in person and being first duly swom on oath, acknowledged that he/she executed the foregoing certification as his/her free act an deed. Dated: tO "l\.- D7 (NO 90/S0 39Vd SEAL -BRIAN I. KNEYNSBERG NOTARY PUBLIC, STATE OF ILLINOI'o MY COMMISSION EXPIRES 3 -1 0.2008 S3INtld00 Sn?10Id C -12 (Notary Pu is 09tbI89L178 T9 :80 LO /TI/OT RETURN WITH BID CONTRACTOR'S SEXUAL. HARASSMENT POLICY CERTIFICATION 0)' c1S , ( "Contractor "), having submitted a bid/proposal for Front Street & River Street Improvements — Phase 11, Roadway & Landscape Work to the Village of Lemont hereby certifies that said Contractor has a written sexual harassment policy in place in full compliance with 775 ILCS 5/2- 1O5(A)(4). Dated: • i " \N— Lco 7 rized Agent :a ' ont STATE OF ILLINOIS ) COUNTY OF -1-1,\ tW ) - SS 1, the undersigned, a Notary Public in and for the State and County aforesaid, hereby certify that TX (Name of Signatory) appeared before me this day in person and, being first duly sworn on oath, acknowledged that he /she executed the foregoing certification as his /her free act and deed. Dated: 1U ll Xeln (NOTARY SEAL) 90/90 39 c1 S3INtld1,4O0 Sf>lDId C -13 OFFICIAL SEAL BRIAN L. KNEYNSBERG NOTARY PUBLIC, STATE OF ILLINOIS MY COMMISSION EXPIRES 3.16.2008 09LtTB9L08 TS :80 L00. /TI /0T FORM OF CONTRACT BOND Bond #0909646 (CORPORATION) TO BE PROVIDED BY EACH SUBCONTRACTOR KNOW ALL MEN BY THESE PRESENTS, that we, Morris Excavating Inc. a Corporation organized under the Taws of the State of `Tk. SSY\ \. , and licensed to do business in the State of Illinois as Principal, and ISM Mutual Insurance , a Corporation organized and existing under the laws of company the State of Wi , with authority to do business in the State of Illinois, as Surety, certify that we are rated by A.M. Best to be "A -" or better, and are held and firmly bound unto the Village of Lemont, Cook, DuPage and Will Counties, State of Illinois, in the penal sum of One Hundred Forty Three Thousand Two Rona-rod Ninety Four 6 No /100 ($ 143,294.00 ) lawful money of the United States, well and truly to be paid unto said Village of Lemont, for the payment of which we bind ourselves, our successors, and assigns, jointly, severally, and firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that whereas, the said Principal has entered into a written Contract with the Village of Lemont for the construction of the work for: Front Street & River Street Improvements — Phase 41 Roadway and Landscape Work which Contract is hereby referred to and made a part hereof, as if written herein at length, and whereby the said Principal has promised and agreed to perform said work in accordance with the terms of said Contract, and has promised to pay all sums of money due for any labor, materials, apparatus, fixtures, or machinery furnished to said Principal for the purpose of performing such work and has further agreed to pay all direct and indirect damages to any person, firm, company, or Corporation suffered or sustained on account of .the performance of such work during the time thereof and until such work is completed and accepted; and has further agreed that this Bond shall inure to the benefit of any person, firm, company, or Corporation to whom any money may be due from the Principal, Subcontractor, or otherwise for any such labor, materials, apparatus, fixtures, or machinery so furnished, and that suit may be maintained on such Bond by any person, firm, company, or Corporation for the recovery of any such money. E -1 1 1 1 1 1 1 1 1 1 NOW, THEREFORE, if the said Principal shall well and truly perform said work in accordance with the terns of said Contract, and shall pay all sums of money due or to become due for any Tabor, materials, apparatus, fixtures, or machinery furnished to him for the purposes of constructing such work, and shall commence and complete the work within the time prescribed in said Contract, and shall pay and discharge all damages, direct and indirect, that may be suffered or sustained on account of such work during the time of performance thereof and until the said work shall have been accepted, and shall hold the Owner and the Engineer harmless on account of any such damages, and shah in all respects fully and faithfully comply with all the provisions, conditions, and requirements of said Contract, and shall remove and replace any defects in workmanship or materials which may be apparent or may develop within a period of one (1) year from the date of final acceptance, then this shall be null and void; otherwise, to remain in full force and affect. AND the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or to the work to be performed thereunder, or the Specifications accompanying the same, shall in any way affect its obligation on this Bond, and it does herein waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the work or to the Specifications. IN WITNESS WHEREOF, we have duly executed the foregoing obligation this 5th day of October , 2007. Surety West Bend Mutual Insurance Company Address By `,is ,/1 <hG 1 4 "William D. Miller, Attorney -in -fact 8401 Greenway B1 d, Middleton, WI E -2 H- 99LE -ONO9 0 3 3 0 X m La 0 0 m w 0 m 3' O CD 3 0 Q w a fD � n 7 CL vii 7 ° CD DJ 3 a o _= n on o" w td CD H on on r+ 0 0 CD O N a a CD DJ -1 CD ■M fl Z rn m S c 0 0 ° a G N O" P < r•f ° 3 � r 7 = N CD H a(0 o d w 0 E. °. Co w CD rOt .* O O -h X w 0 - 0 X' a o 3 w D 0. 3• m = a - -4 n 7 m 0 -, 0 * 0 en c 5 � S o w 3 b on z o s 0 r,. C CD a — y 3• CO a w c w CL Cr a 3 o 0 CD '.CC . O 0 C cv on y a y CD O O-k y -I, w .c n D...1 ) O 7" j o o en 173 cl; o 1 w m c° IA 0 CD CD 0 w a M. o 0 N '.S S w LO 7 rw+ Cr-F D 0 CD CL f: c ro c ro i. S x N ° ° pue Aluno3 a cr a o to m "' 0 on E a w ti) < CD 0 a ' a a C w co a r• 0 0 r• 0 N 77 rrt JO AINno3 0 0 rt 0 m H N Surety Company Acknowledgment STATE OF Illinois COUNTY OF Will ss.: On this 5th day of October personally appeared William D. Miller 2007 , before me , to me known, who, being by me duly sworn, did depose and say: that _he _ reside(s) at New Lenox, Illinois ; that he is /are the Attorney –in –fact of West Bend Mutual Insurance Company the corporation described in and which executed the. annexed instrument; that —he— know(s) the corporate seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation; that _he— signed the same name(s) thereto by like, order; and that the liabilities of said corporation do not ex- ceed its assets as ascertained in the manner provided by law: OFFICIAL, SEAL 519ARCIGI ;Sub„ X tt 'I L NOTARY PUBLIC, STATE OF ILLINOIS MY COMMISSION EXPIRES 3-29-2009 BON D- 3768 -A Ja J. Pauly' Se Lary State of Wisconsin County of Washington (Notary Public in and for the above County and Statel My commission expires coRPoRATe g. • Anthony t. ilCfarren s AL f �: : Chief Executive Officer President � Y fvn: 3 -29 -2009 On the 1st day of March, 2002 before me personally came Anthony J. Warren, to me Known being by duly sworn, did depose and say that he resides in the County of Washington, State of Wisconsin; that he is the President of West Bend Mutual Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to said instrument is such corporate seal; that is was so affixed by order of the board of directors of said corporation and that he signed his name thereto by like order. F. Di./ ;:,2;.._,._... aye, NOTARY * ; Joh"'n-f. uwell PUBLIC Z Sr. Vice President 2.• Notary Public, Washington Co. WI • OR WiS'�' My Commission is Permanent The undersigned, duly elected to the office stated below, now the incumbent in West Bend Mutual Insurance Company, a Wisconsin corporation authorized to make this certificate, Do Hereby Certify that the foregoing attached Power of Attorney remains in full force effect and has not been revoked and that the Resolution of the Board of Directors, set forth in the Power of Attorney is now in force. Signed and sealed at West Bend, Wisconsin this day of October )%r OtRATr �r SEt: Kevin A. Steiner Sr. Vice President Reproductions are not binding on the company. Any questions concerning this Power of Attorney may be directed to the Bond Manager at National Specialty Insurance, a division of West Bend Mutual Insurance Co FROM :MORRIS FAX NO. :8158864855 Oct. 11 2007 08:18AM P2 From. Debbie Tilley At. Columbian Agency FaxdD: To Mortis Excavating Date: t019122007 09 :37 AM Page: 2 of 3 ACORDM CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. C5R DT MQRRI-1 OA'rE (MMIDDIYYYY) 10/09/07 PRODUCER columbian Agency www•columbianagency.com 1005 Laraway Road New Lenox IL 60451 Rhone:815-485 -4100 INSURED Morris Excavating Inc. Romeov111eIL 604461t 6 INSURENS AFFORDING COVERAGE INSURER A'. West Bend Mutual Insurance I143l1RER B: ... .- I Ir&iRRER C: 11,0 PER D. .... INSURER E'. NAIC # 15350 uivvampaga IHE ANV MAT POLICIES. LTR POI inius I>EO! TERIAIN, NBR of INSUIIANCF i.ISTED BELOW HAVE OLIN ISSUED TO THE INURED VARIED ABOVE rOR THE POLICY PERIOD INDICATED. NOTWtTI ISTANDINC IIRCNCNT, TERM Oft CON!)ITION OF ANY CONTRACT OR Ullit(i DOCI IMCNT'PATH HEtI`ECT TO WI'IICHTHIS 1RIATIF'IOATS MAT BE ISSUED OP THE INSURANCr ArrOFCEC: ST f1E POLICIES DESCRIDEU HEREIN IS DUBJECI' TO AI I TI-IF TERMS, EXCLLI:iICNR ANn CONLIITIONS OF Sli' I Af,(44P(,ATIT LIMITS SHOWN MAY HAVC SEEN REDUCED DY PAID anus. -.. — TYPE OF INSURANCE POLICY NUMBER C20031.2529 �CDMlI 08/15/07 DATE ( TIN 08/15/08 LIMITS EACH UCCLRREN(:E $1,000,000 AfFHI�a REPacBDHrnn - GENERAL LIABILITY COM' M =aALME RALLiAC DRAVMwISD Sto ( EI¢aoecuNrtU e ncE 4200,000 � DGENERAL OWL MED F_XP (A✓ly a'ei per T, $10,000 PERSCMNAL E AI>V INJURY $1,000,000 ACOREGATr $2,000,000 AVGHEIiAI II I.IM MT APPLIES PER'. r'OLICY I•• I 5ECT LUC FRq?UGRi - C:OMP/(1P AL,h $2,000,000 A AUTOMOBILE — X X X LIABILITY ANT AlITO ALL OWNED AUTO SC:LCDULED AUTOS HIRED Al ITIX NON -OWNET r I ITOa CPD0312529 08/15/07 08/15/08 CUMHIIFD RINIiI.0 LIMIT (Ea aCAI flp 1x000,000 BODILY INJURY ( Pcei 1 I" mr ti tlUUILY NJLGY I (Par ILY nn' PROPCRT• DAMAGE (Per nnadnA) $ __... ..._.._ GARAGE LIABILITY ANT ALTO AURJ MI Y rAACCIDENT .$ oTI�RiliMI FA $ _..,.._..._ AVIV ONLY: AG, $ A EXCESS/UMBRELLA X X LIABILITY l occlji (J r.IA1M>; Ids DEDUCTIBLE RFTPNT'O!I SWAIVED CUD0616571 08/15/07 08/15/08 EACHOCCUIJNENCE $5,000,000 AGGREGATE $5,000,000 $ A WORKERS COMPENSATION AND EMPLOYHtB'LIABILRY ANY nItom iOHIPARTNutior.CUIVE cmGER,MEMIiEI:EXCLC:DFr19 if vat les s-il)s ENV SPECIAL F'1 <OVI6!UN.ti Irc�low wcD0428682 08/15/07 08/15/08 X WL.SIA, . 1 ferrE TORY LIMITS I I ER E..EAdIArriDT £500,000 —. - -._ G,L DISEASE - EA EMPLOYEE $ 500,000 r:,'... DISEASE- POLICY LMMIr $ 500 000 r A OTHER Inland Marine Leased /Rent Equip CPD0312529 1 E)fCI.UBIDNS ADDED BY ENDORSEMENT] on the attached - contributory basis W81482 06 /06, Street Project addl insureds in 08/15/07 SPECIAL PROVISIONS are added on the general auto and Phase II. included on 08/15/08 as additional liab if umbrella as *A waiver the workers $100,000 required re: of comp* ._J DESCRIPTION OF OR-RATIONS / LOCATiONSmI VEHICLES It is agreed that those listed insureds on a primary non by written contract per attached Village of Lemont, Front /River subrogation in favor of the CANCELLATION VILLLEM SHOULD ANY OF THE ABOVE DESCRIBED POMICIBS aE cnNCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL VILLAGE OF LEMONT IMPOSE NO OBLIGATION OR LIABILITY of ANY KIND UPON THE INSURER ITS AGENTS OR 418 MAIN STREET LEMONT IL 60439 Rfi SENTATWEB. AfFHI�a REPacBDHrnn - Il l( W/,/��F,ek • ACORD 25I2001i081 FROM :MORRIS FAX NO. :8158864855 Fran: Debbie Tilley At; Columbian Agency FaxID: Tc: Morris Excavating Oct. 11 2007 08:19AM P3 Date: 10/9/2007 09:37 AM Page; 3 of 3 IMMOVM: � 1 ��t A'04, i 1 �� ��� n {i R10� � ry i ttll'�da�ll 1�����1�t ✓,Mrs � � {��i4,t It �1 �Atisq y� � ) �7.��i'�i�'��� Y�y N4��w���pAliaM����t�i W�;Y �� t .Rf �1 1�w16A� 1�.�4a G•� t w' �.y tt (n� l� a q' I�1� 1� �,.��NM �k- nl.�W" Primary /NOn-COntributosy Additional Insureds: - Village of LamOnt, including its officials, employees and volunteers - Frank Novotny & Associates, Inc., including all agents and employees - MO, Corp., including all agents and employees Pickus COnatruCtion and Equipment Co, Inc. FROM :MORRIS COLUMBIAN AGENCY FRX NO. :8158884855 ID:815- 485 -2936 THIS ENDORSEMENT CHANGES THE ADDITIONAL INSURED - Oct. 11 2007 08:20RM P6 OCT 08'07 13:51 No.003 P.04 POLICY. PLEASE READ IT CAREFULLY. CONTRACTOR'S BLANKET This endorsement modifies insurance provided undor the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A, WHO I5 AN INSURED (Section 11) is amended to include es an additional Insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement. The written contract or written agreement must be; 1. Currently in effect or becoming effective dur- ing the term of this policy; and 2. Executed prior to the "bodily injury," "property damage" "parsenel injury and advertising in- jury," II The insurance provided to the addltIonel insured is limited as fosows; 1. That parson or organization is only an addl- (tonal insured with respect to liability arising out of: a. Your premises; b. Your work" for that additional Insured; or c. Acta or omissions of the addltIOnaf insured in connection with the general supervision of "your work," 2. The Limits of Insurance applicable to the additional insured aro those specified In the written contract or written agreement or In the Declarations for this policy, whichever Is lass, These Limits of Insurance ere inclusive and not in addition to file Limits of Insurance shown in the Declarations, W8 1482 06 08 3. Except when required by written contract or written agreement, the coverage provided to the additional insured by this endorsement does not apply to: a. Bodily injury" or "property damage" occur- ring after: (1) All work on the project (other than service, maintenance or repairs) to be performed by or on behalf of the adds" Banal insured at the site of the covered operations has been Completed; or (2) The( portion of your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another con- traotor or subcontractor engaged In performing operations ford principal as part of the same projedt. b. "Bodily In)ury' or "properly damage" arising out of pelt or omissions of the additional insured other than in connection with the general supervision of "your work." 4, The insurance provided to the additional in- sured does not apply to "bodily injury," "prop. erty damage," "pareonai Injury and advertising Injury" arising out of an architect's, engineer's, or surveyor's rendering of or failure to render any professional servtoes including; a. The preparing, approving, or failing to Prepare or approve reaps, shop drawings, opinlons, reports, surveys, field orders, change Orders or drawings end specifica- tion; and b. Supervisory, or inspection activities per- formed as part of any related ar lteoturai or engineering activities. Weal Bend Mutual insurance Company West Bend, Wisconsin 63095 Page 1 of 2 FROM :MORRIS FAX NO. :8158864855 Oct. 11 2007 08:20AM P7 COLUMBIAN AGENCY ID:815- 485 -2936 QCT 08'07 13:52 N0.003 P.05 C. Ae respects the coverage provided tinder this endorsement, Paragraph' 4.b. SECTION iv - COMMERCIAL GENERAL. LIABILITY CONDI• TIONS is amended with the addition of the fol- lowing 4. Otherinsurenoe b. Excessinsuranoe This insurance is exceea over: Any other valid and collectible Insurance available to the additional insured whether primary, excess, contingent or on any other basis unless a written contract t+pe- cinna:iy requires that this insurance be ei- ther primary or primary and noncontribut- ing. Where required by written contract, wAI Consider any other Insurance maintained by the additional insured tor injury or damage covered by this en. dorsement to be excess and noncontrib- uting with this Insurance, When this Insurance is excess. as a con- dition of coverage, the additional insured shall be obligated to tender the defense and Indemnity of every Claim or suit to all other insurers that may provide coverage to the additional insured, whether on a contingent, excises or primary basis. Page 2 of 2 West Bend Mutual Insurance Company WB 1462 06 06 West Bend, Wisconsin 53095