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R-71-07 Award of Contract for Front Street/River Street Improvements-Phase 2
RESOLUTION P-7). 0 7 RESOLUTION AUTHORIZING AWARD OF ONTRACT 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 Boller Construction (under The Pickus Company, as Construction Manager) for such work; and WHEREAS, Boller Construction submitted a contract to The Pickus Company, Construction Manager, for such concrete work, in the amount $243,096.36. NOW, THEREFORE, BE IT RESOLVED, by the President and Board of Trustees that the Contract with Boller Construction (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 19t day of November, 2007 Debby Blatzer Peter Coules Clifford Miklos Brian Reaves Ronald Stapleton Jeanette Virgilio AYES NAYS PASSED ABSENT V V Approved by me this "' day of November, 2007. Attest: CHARLENE SMOLLEN, Village Clerk HARLENE SMOLLEN, Village Clerk JO " F. P1 Approved as to form: JOHN ANTONOPOULOS, Village Attorney Date: e President Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum Construction Manager- Adviser Edition AlA 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 1CMa, 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 dap. month and near) BETWEEN the Owner: (Name and address) and the Contractor: Village of Lemont 418 Main Street Lemont, IL 60439 Boller Construction 3045 W. Washington Street Waukegan, IL 60085 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 conmtencenzent, if it dif jers front 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 Me Work. if not stared elsewhere in the Connect Documents) , subject to adjustments of this Contract Time as provided in the Contract Documents. ( Inserr 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 Two Hundred Forty -Three Thousand Ninety -Six & 36/100 Dollars ($243,096.36), 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: (If it 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, ifanu) None (Usenv laws and requirements under the Federal Truth in Lending Act. similar stale 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 derent 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 -B110 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 Title See Attachment #2 9.1.6 The Addenda, if any, are as follows: Document None 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. llle 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. 11Iev should be listed here only if intended 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 Village of Lemont (Signature) (Printed name a -d tit /e) CONTRACTOR Boller Construction ( Signature) (Printed name and title) John F. P' -zza, President Lyle Ehlers, President 5 of 5 11/7/2007, 3:19 PM 2 W 0 ATTACHMENT NO. 4 JOB NAME: FRONT RIVER STREET IMPROVEMENTS -PHASE 2, LEMONT, IL. SCOPE OF WORK 36 LALL WORK PER ACI STANDARDS X 37 IINSURANCE X PER SPECIFICATION 38 VERIFICATION OF QUANTITIES X TO BE AGREED UPON BY CITY, ENGINEER, PICKUS & BOLLER CONSTRUCTION • TO BE AGREED UPON BY CITY, ENGINEER, PICKUS & BOLLER CONSTRUCTION COMMENTS: W 0 J H z DATE /TIME: 11/7/2007, 3:39 PM ATTACHMENT NO. 4 JOB NAME: FRONT RIVER STREET IMPROVEMENTS -PHASE 2, LEMONT, IL. SCOPE OF WORK & Associate 0 z LL E 0 m SPECIFICATION SECTION 0 JOB NUMBER: SITE CONCRETE DESCRIPTION: SUBCONTRACTOR: BOLLER CONSTRUCTION O O Z Z Cn w r ui w w z Fn 0 z_ 0 z X SMALL BUSINESS:nYES ADDENDUMS 1 THRU DATE OF INTERVIEW: REMARKS I BACKCHARGES FOR GC CLEANUP WEEKLY CERTIFIED PAYROLLS REQUIRED (2 ORIGINALS REQUIRED) I NO TAX JOB PER OSHA AND LOCAL REQUIREMENTS SUBMITTED SCHEDULE REVIEWED & DISCUSSED BACKCHARGE FOR ALL ADMIN COSTS TO SUBMIT SUBSTITUTIONS SCHEDULING RESPONSIBILITY OF SUBCONTRACTOR COSTS RESPONSIBILITY OF SUBCONTRACTOR SEE BREAKDOWN ON ATTACHMENT # 5 DUE 3 DAYS AFTER NOTICE TO PROCEED /CONTRACT ACCEPTANCE BY SUPERINTENDENT UPON COMPLETION OF WORK FOR SITE CONCRETE WORK ONLY FOR SITE CONCRETE WORK ONLY PER JOB PHASING J X w X X x -J Z 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 X INO. DESCRIPTION [ a. Q W U r J D❑ CC w W d 2 N ❑ za 0 Z a of w Q g o 0 K d co 1 4 PREVAILING WAGE RATES & LAW 820 ILCS 130/0.01 / PER SPEC PAGES B-22-B-26 U ❑ ¢ z g a ix d Y 0 11 J Q nn 1 6 TAXES I 1- W a j V�[Crn w 0 ¢¢_ Z N Er d A w j _1 1~ m co co w j w y S w m w LL❑ ¢ co D) Z I- F m Cn z 0 p 1— 7 O a? O 0 U w a Z U w w co o U CL (n Z — 0 N 1 13 ALLOWANCES I W U_ CC W H 12 7 r 1 15 ■ SUBMITTALS y, OU1-Z,9 > co 0 1_< U W ■O z CL tO Y ¢ c W < p a A W r U 7 0 c9 O U Z W Z Cr ¢ 2¢ W o w Z¢¢ W¢ H i H w O Cr C9 O W ¢ 0_ ❑ A OJ 0) N ,- O CO CL H ~ U °� 7 U z Z m O U N 1 21 :LIMESTONE TRAIL SCREENINGS, 2" 22 PIPE BOLLARDS. CONCRETE FILLED, 6" DIAMETER 23 TREE GRATES 1 24 TRASH RECEPTACLES U � ¢ a 2 .0 C7 Z ❑ < Cr 0 N 1 26 :ANCHOR BOLTS Z ad Z 5Z zozzcc O Z F 7 U ¢ (n (VENN INC CO Z z Z O < w X I- z O 7 i_ (n Z O¢— U (..0(o -J w U' Z J 7 U O¢ P w p U z J co W w z O ❑ M I 32 :GRANULAR STONE BASE UNDER CURBS & SIDEWALKS W ❑ 0 Z O U LL ¢ F- I M 34 FLAG PEOPLE - I35 MULTIPLE MOBILIZATIONS 2 a DATE /TIME JOB NAME: FRONT RIVER STREET IMPROVEMNTS PHASE 2, LEMONT, IL. ATTACHMENT NO. 5 UNIT PRICES 0 JOB NUMBER: SITE CONCRETE DESCRIPTION: SUBCONTRACTOR: BOLLER CONSTRUCTION TOTAL ' 1A $ 1,388.00 1 a to N EA N co IS co Vl 0 O� N , V! $ 40,641.44 0 !h 4 Vr 0 to O V! 0 Q t0 Cr V) 0 of ai E- V) M O M N to UNIT PRICE W O N to t7 V! T e{ V) CO 0 W N 0- r, Vs O .e- V! O N e- ER O 0 O N H $ 1,600.00I 0 M t0 N V! QUANTITY r a- 2552 19836 400 3668 348 h N O r Z J J AS to J J u) = Q W _ Q W _ Q W NO. DESCRIPTIONS INSURANCE PERFORMANCE & PAYMENT BOND 1 48 AGGREGATE BASE COURSE, TYPE A, 4" 1 56 PORTLAND CEMENT CONCRETE SIDEWALK 1 57 DETECTABLE WARNINGS 1 58 COMBINATION CURB & GUTTER, TYPE B -6.12 1 66 LIMESTONE TRAIL SCREENINGS, 2" 1 80 PIPE BOLLARD, CONCRETE FILLED, 6" DIAMETER 1 81 TREE GRATE 1 82 TRASH RECEPTACLE A O 1- DATE !lvv 7 COMMENTS: J Z RETURN WITH BID CERTIFICATE OF UNDERSTANDING REGARDING HOLD HARMLESS & INSURANCE COVERAGE REQUIREMENTS OWNER: Village of Lemont PROJECT NO.: 07042 PROJECT DESCRIPTION: Front Street & River Street Improvements — Phase l! Roadway & Landscape Work THIS 15 TO CERTIFY THAT I, Lyle Ehlers , President/Principal/Partner Of Boller Construction Co., Inc. (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 all 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 effeot 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. 1 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 attorney's fees resulting from any and all claims against the Owner and/or Engineer relating to the subject project. Dated this 16 day of October 2007. WITNESS: BY: CONTRACTOR'S NAME: Boller Construction Company, Inc. ADDRESS: uma s i - Secretary (SECRETARY/NOTARY) A1,Jf1 AV' i. ul lrf'i11� at< t (l "wn . t uaillIASS. q L)O[!aa kv -2N -1100 3045 WASHINGTON STREET WAUKEGAN, IL 60085 GNED BY:� resident/Principal /Partner) Lyle Ehlers, P.E. - President ' — '.±JDa" s3INadw00 snXOrd (Typed/Printed Name) 09LVT89Lt'8 PS:80 L00Z /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) Boller Construction Co., Inc. (Print Name of Contractor) a Corporation (Corporation, Partnership) (Sole Proprietorship) as part of his/its bid on this Contract hereby certifies that the Contractor is not barred from bidding on this Contract as a result of a violation of either Section 5/33E -3 (bid - rigging) or 5/33E -4 (bid - rotating) of Article 33E of Act 5 "Criminal Code of 1961", as amended. Dated: 10 -16 -07 By: 4-47 ceVz..� Lyle Ehlers , P. E($ignature) Title: President CONTRACTOR'S TAX DELINQUENCY CERTIF1CA77ON 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 act or if violations do exist, they are being contested properly. Dated: 10 -16 -07 Contractor: Boller Construction Co., Inc. By: /.g./1:7, Lyle Ehlers, P. E (Signature) Title: President STATE OF ILLINOIS ) COUNTY OF LAKE ) - Sss I, the undersigned, a Notary Public in and for the State and County aforesaid, hereby certify that Lyle Ehlers (Name of Signatory) appeared before me this day in person and, being first duly swom on oath, acknowledge that he/she executed the foregoing certifications as his/ ee act , nd u eed. Dated: 10 -16 -07 (NOTARY SEAL) 90/E0 39Cd S3INtidLOC 91>1D er -10 (N6 -roi Nettitry Pub1M 'tale of t1r mots LaY e(-Aunty My Cennuis,* o Expires te- aa4YY7 1/01 RETURN WITH BID CONTRACTOR'S DRUG -FREE WORKPLACE CERTIFICATION Pursuant to 30 ILCS 580/1, et seq. ( "Drug -Free Workplace 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. S. Establishing a drug -free awareness program to inform 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/b0 3DCd C -11 S3IN'dWDD Sn>Did 09LtI89L78 b5 :80 Leez/II/0I RETURN WITH BID CONTRACTOR'S DRUG -FREE WORKPLACE CERTIFRCAT1OL 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: 10 -16 -07 Contractor: Boller Construction Company, Inc. By: (< Lyle Ehlers,P.E. uthorized Agent of Contractor) Title: President STATE OF ILLINOIS ) COUNTY OF LAKE ) - SS I, the undersigned, a Notary Public in and for the State and County aforesaid, hereby certify that Lyle Ehlers (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: 10 -16 -07 (NOTARY SEAL) 90/S0 39tid IP Mae -or a rlFiPublic) Notary Mupa' Stare at IYiaoh aS eCavnry M CYmMlcrtl ,o L• *& .4J 1963640YT gror C -12 53INtldWOD 5fN3Id 09Lt'I89L08 V :80 L0K/II /0I RETURN WITH BID CONTRACTOR'S SEXUAL HARASSMENT POLICY CERTIFICATION Boller Construction Company, Inc. ( "Contractor °), having submitted a bid/proposal for Front Street & River Street Improvements — Phase II, 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 512- 105(A)(4). Dated: 10 -16 -07 STATE OF ILLINOIS ) COUNTY OF LAKE ) -SS Contractor: Boller Construction Company, Inc. By : Lyle Ehlers, P.E. (Authorized Agent of Contractor) Trtle: President I, the undersigned, a Notary Public in and for the State and County aforesaid, hereby certify that Lyle Ehlers (Name of Signatory) appeared before me this day h person and, being first duly sworn on oath, acknowledged that he /she executed the foregoing certification as his/her free act and deed. Dated; 10 -16 -07 (NOTARY SEAL) 90/90 3EVd Kota Public ..nrr riAL SEAL, JnA. S! Norkus oubli6 Wire or 113 luck .a➢! c!r! Mtn i uu.iugh;s aa E •Cctp�r.a 4i1.3803YI7 �,,.. .. "--.••••• C -13 S3INtldWOc SnAOId 09LtT89L78 1/5 :80 L00Z /TT /0T SAMPLE FORM OF CON7?►CT BOND Bond # 1824617 KNOW ALL MEN BY MESE PRESENTS, that we, Boller Conat...Z1c-tion Co. , Inc. Illinois ,and a Corporation organized under the laws of the State of Hanover Insun'ance Co. licensed to do business in the State cf Illinois as Principal, and — With a Corporation organized and existing under the laws of the State of New m , 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 Two Hundred Fort Three Thousand Ninety-Six & 36/100 , ($ 243:096.36 lawful money o% the Unites 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 CiONDITiOiN OF THE FOREGOING OBLIGATION 15 SUCH that whereas, the said Principal has entered into a written Contract with The Pickus Companies, as Construction Manager for the Village of Lemont for the conatructlatt of the work for. (CORPORATION) TO BE PROVIDED BY EACH SUBCONTRACTOR Front Street & River Street Improvements — Phase 11 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 sustained on account of the performance of such work during the time thereof and until such work is parnpteted and accepted; and has further agreed that this Bond shell inure to the benefit of any person, firm, company, or Corporation to wham 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 ariy such money. E -1 NOW, THEREFORE, If the said Principal shall well and truly perform said work in accordance with the terms of said Contract, and shall pay all sums of money due or to become due for any labor, 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 shall 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 (I) year from the date of final acceptance, then this shall be null and void; otherwise, to remain in full farce and effect. AND the saki 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 17th day Of October , 2007. ATTEST: 4 Secretary (S E A L) Corporate Name, Boller Construction Co., Inc. Surety President Lyle Ehlers (Attom yl ►-F ) Roger Taylor 'Address 222 kes' r Bannockburn, IL 60015 E -2 Certified Copy Void Without Hanover Watermark This Power of Attorney may not be used to execute any bond with an inception date after December 1, 2008 THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWERS OF ATTORNEY CERTIFIED COPY KNOW ALL MEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Michigan, do hereby constitute and appoint Donald P. Carlson, Peter A. Mikuzis andlor Roger Taylor of Bannockburn, IL and each is a true and lawful Attomey(s) -in -fact to sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its act and deed any place within the United States, or, if the following line be filled in, only within the area therein designated any and all bonds, recognizances, undertakings, contracts of indemnity or other writings obligatory in the nature thereof, as follows: Any such obligations in the United States, not to exceed Fifteen Million and No/100 ($15,000,000) in any single instance and said companies hereby ratify and confirm all and whatsoever said Attorney(s) -in -fact may lawfully do in the premises by virtue of these presents. These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which resolutions are still in effect: 'RESOLVED, That the President or any Vice President, in conjunction with any Assistant Vice President, be and they are hereby authorized and empowered to appoint Attorneys -In -fact of the Company, In its name and as its acts, to execute and acknowledge for and on its behalf as Surety any and all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings obligatory in the nature thereof. with power to attach thereto the seal of the Company. Any such writings so executed by such Attomeys -in -fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company In their own proper persons' (Adopted October 7, 1981 - The Hanover Insurance Company, Adopted April 14, 1982 — Massachusetts Bay Insurance Company, Adopted September 7, 2001 - Citizens Insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by a Vice President and an Assistant Vice President, this 31st day of August, 2007. THE COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF WORCESTER ) ss. On this 31st day of August 2007, before me came the above named Vice President and Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations. Notary Public My commission expires on November 3, 2011 I, the undersigned Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attomey issued by said Companies, and do hereby further certify that the said Powers of Attomey are still in force and effect. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America. 'RESOLVED, That any and all Powers of Attorney and Certified Copies of such Powers of Attomey and certification In respect thereto, granted and executed by the President or any Vice President In conjunction with any Assistant Vice President of the Company, shall be binding on the Company to the same extent as if all signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile.' (Adopted October 7, 1981 - The Hanover Insurance Company, Adopted April 14, 1982 Massachusetts Bay Insurance Company; Adopted September 7, 2001 - Citizens Insurance Company of America) GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this 17th day of October , 20 0 7 THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY Cm -1NSU' .. CE CO . °ANY OFft,ERICA Certified Copy Void Without Hanover Watermark J 9942 THE AM RICAN 1' , flTUUTE OF ARcHrrE C 'S Bond # 1824617 Pe nee Rom' AU► boc KNOW ALL MEN BY THESE PRESENT ; that Boller Construction Co.. nk 3045 W Washington St. , Waukegan, IL aeon lawn Nit 'e gadsr raprar,rrl 60085 as Principal, hereinafter ceded o, and, Hanover Insurance Company, 100 N Parkway, Worcester, MA 01605 ' "rroi:,,,,r"'rrtall*Mr' *thou, or opt ilia asr Inc.. or commarmor as Surety, hereinafter called Surety, are held and Firmly bound ante Village of Lemont, rroni. t h,ri dsme:and,adtir tsvr lzt r trirs of Ct mot, 418 Main St., Lemont, IL 60439 as Obligee, hereinafter 36/100 nor, in the amount o Two Hundred Forty -Three Thousand Ninety -Six & for the payment vwhereo successors and 'assigns, jointly ballets fS 243,096.36 )s 5tar,ety bind- themselves, the helrt et ¢ut©rs, adrniniatrattrrs, 1y, tirrrri by the presents. WHEREAS, Boller Construction Co., Inc. Contractor has by written agreerrrent crated October 1720 07, entered into a corth tt with Owner for awe lawn NU .m* . sderier snd Msttfrman or nrolesu Front Street & River Street Improvements — Phase II Roadway & Landscape Work in accordance with Drawings and Specifications prepared by which con ace is by rererence „tot to:trey-lobe renal /may -447a to.. Axis ``;k rrxsrf :'liiaik�r klt'1i 1S, 1i 'i�Ci"ir AY ,r IHZrt',Men ht7r oriwz sw ai d,cst oreof, and i$ hereinafter .referred to as the Contract, NOW, TNEICEFoat, THE Gomorra:or. said Contract, then this obligation REIN:MANCE BOND ll 6c nuji and vaid The Surety heteby waives notice of any extension or time made by the owner. Whenever CCntractor shall be, and declared to be in default under the C ontract, the Own tkr performed Owner's obligations thereunder, the u may promptly remedy the default, or shall promptly 3) C©mpleta the Contract in accordance with its terms and conditions, yr Z) obtain a bid or bids for c the Contract In ccordanre with as terms And <crrtdikionr, and upon de- terminatiOn by Surety of the tpsvaEt rtts tTnstble bidder, or, if the Owner elects, upon dttr rntinakion by the Owner and the Surety jointly of the lust responsible bidder, arrange for a contract between. s Owner, and make available as Work prog thcwgh there should be a default or -a a that, iFCorttraCt/ar shit erwikr it sital4 •remain in Signed and sashed this 17th :nged under this paragt4 I bi completion :toss tits not ext ceding. irrcluyth wthich the Surt tV may tax set i0 of she mean Ihr. tylal under the Contract yn:r the am rsurtt pr¢spef y pa, parfortn vSartract> tsf con In kV) 4 tb of the contrast tar costs and rJ iteteunder. the n The term '• n this pa"et3?Ip y Ctw nxr ita Co crirlty rots der rwr iti f yrltrdC #dr Ifni on the rice: less Any 'suit under this bond must be instituted txefont the expiration of two tit years from he date stn whirls final payment under the Contract rills due. No right of action shall aesrue on this brand to yr for the use of .any Person or cnrporauon other than the Owner named herein or the heirs. exacutots, arimints- trak s or successors of the Owner. day of October 2007 Boller Construction Co., Inc. t4 e ._. •frtrt*r rest. en The Hanover Insurance Company Certified Copy Void Without Hanover Watermark This Power of Attorney may not be used to execute any bond with an inception date after December 1, 2008 THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWERS OF ATTORNEY CERTIFIED COPY KNOW ALL MEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Michigan, do hereby constitute and appoint Donald P. Carlson, Peter A. Mikuzis and/or Roger Taylor of Bannockburn, IL and each is a true and lawful Attomey(s) -in -fact to sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its act and deed any place within the United States, or, if the following line be filled in, only within the area therein designated any and all bonds, recognizances, undertakings, contracts of indemnity or other writings obligatory In the nature thereof, as follows: Any such obligations in the United States, not to exceed Fifteen Million and No/100 ($15,000,000) in any single instance and said companies hereby ratify and confine all and whatsoever said Attomey(s) -in -fact may lawfully do in the premises by virtue of these presents. These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which resolutions are still in effect: "RESOLVED, That the President or any Vice President. in conjunction with any Assistant Vice President, be and they are hereby authorized and empowered to appoint Attorneys -in -fact of the Company, In its name and as its acts, to execute and acknowledge for and on Its behalf as Surety any and all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings obligatory in the nature thereof, with power to attach thereto the seal of the Company. Any such writings so executed by such Attorneys -in -fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons." (Adopted October 7, 1981 - The Hanover Insurance Company; Adopted April 14, 1982 - Massachusetts Bay Insurance Company; Adopted September 7, 2001 - Citizens Insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by a Vice President and an Assistant Vice President, this 31st day of August, 2007. THE COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF WORCESTER ) ss. On this 31st day of August 2007, before me came the above named Vice President and Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations. Notary Public My commission expires on November 3, 2011 I, the undersigned Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Companies, and do hereby further certify that the said Powers of Attomey are still in force and effect. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America. "RESOLVED, That any and all Powers of Attomey and Certified Copies of such Powers of Attorney and certification In respect thereto, granted and executed by the President or any Vice President in conjunction with any Assistant Vice President of the Company, shall be binding on the Company to the same extent as if all signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile." (Adopted October 7, 1981 - The Hanover Insurance Company; Adopted Aprit 14, 1982 Massachusetts Bay Insurance Company; Adopted September 7, 2001 - Citizens Insurance Company of America) GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this 17th day of October 20 0 7 THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CIfit�SINS U';` CE CO ANY OF•- ;ERICA Certified Copy Void Without Hanover Watermark Step 8rau', ''ssisi n Vice Pre J 9934 AMERICAN I STT `UTE OF ARCHITECTS Bond # 1824617 1t1r1 D rumen# Labor and Material Paymen Bond THIS 00119 •J d5St13 S:ttt3t.,Nt+t ciw•pR CCIWPt 00 NPD cyr�'Tti# PWt lift Pt>trgx/Nuaw PAIT4 J. fl C soNxt fit r volt or TM wc t tsr Pre cor rw+,CI KNOW ALL MEN By THESE PRESENTS: that Boller Construction Co. , Inc. 3045 W Washington St. , Waukegan, IL trra<e,ntz,r„ai« ,nu „adrx,, kind ,,,,C «tct,e,� 60085 as Prant #pai, hereinafter called Principal, awl. Hanover Insurance Company, 100 N Parkway, Worcester, MA 01605 +'"`rri�tt'tm�m� a:,ta;E AS Surety, hereinafter called Surety, are held and firmly bound unto • Village of Lemont, 418 Main St., Lemont, IL 60439 altie;mt., ton name. and 40r «u er Inal mle e,apwnrA as Obligee, hrtrein /afE r Cailed Owner, for the use and benefi "i amount of and were ;mtar a roan rg(iYt ao at re,u and hart W 16a ca �r�xt t!ttct 36/100 for the payment whereof Principal and Surety b nd themselves, their successors and assigns, jointly and severalty, firmly by these. presents. 1NHJREA$, Boller Construction Co., Inc. Principal has by written agreement dated Oct. 17 2007, entered into a contract++rith Qurner r tHeit* im ,r ttlit Pune*, baltiro. 4+4 tie tiOtioh pr pmfe et Front Street &River Street Improvements — Phase II Roadway & Landscape Work in accordance with drawings and Specifications prepared by hereinbelir defin Gt1, In i#th ,: execaaaoa 9tiiY'rYt`i+ik'R #ra#tr, Iiicv /men NH mom artai itnss -qa lest: tit which ccl atratt is by refere de a part hereof, and Is her as the Contract. LABOR AND MATERIAL 'Al'` E NOW TMY!€Eft*E, THE CONDITION OF It Q9jlCATIOv iS such that, If Pth1 trial' • claimants as hereinafter defined, for ail tabor and materiel used or reastsnabty Contract, then this obligation shall be void; otherwise it shalt remain in full lowing conditions; 1, n CiAimant is define as One hav nr a-. direct tract with with the Prtncipat or with a Subcontractor of tlae Principal Far labor, material, or both, used of reasonelaly required for use in the pedonnarace of 'the Contract, labor and material being construed to include that part of water, gas, power, fight, heat, oil, gasoline, telephone service or rental of equipment directly appticabte ru the Contract. I. The above named Prirrcipat and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid In full before the expiration of a period of ninety ON days after the date on which the last of such claimant's work or labor was done or performed, or materiels wane furnished by such claimant, may suu on this bond for the use of such claimant. prosecute the suit to final judgment for such sum or sums as may he justly due claimant, and have execution thereon, The Owner shaft not be liable for the payment of any costa ur expenses of any such suit, 3, Nn suit or action shall be commence tf h retmeter by any cbairrrant: a) Unless claimant. ot)ser thin one having a direct contract with the Principal, shaft have given written notit;e to any loco of the fplivwittt : the Principe), the Owner, or the Surety above named, within ninety t9O) days after such - claimant did or Performed the lag Of work or labor, or furnished the :tall Of the materials for which said claim Is made, stating with substantial Signed end $ ala '1$ 17th aka payment its all rrfrrrmanceof the hriwever, to the fal- accuracy the atrttrrtxnt claimed anti the natxie of the party IV whom the materials were- i5?rnlshed; ae Far whom the work or tabor wga done ter }serftttmr J. notice shall be served by m Of certified mail, pos_ dressed to the Principe where an office Is res action of business, or sG rv�_„ tegal prDCr,ss may be served aforesaid project is located, say . not be made by a public Officer. b) After the expiration of one .ItI yayar following the date on which Principal ceased Wgrk on said Contract. it barntt understood, however, PTA iX any Iirrttathen.rrn- bodied in this band is prohibited by arty law controlling the construction hereof such ffrrriiiiii0t shell be deemed to be amended so as ro be equal to The 'minimum ,period of limitation permitted by Such law. el Other than in A s "fete court of c0rppeient jurisdctlfln Ire d For the county or other political subdivi>:ion. of ate in which the PrYS fret, Or an or in the United States Oisidct Court $forfthe to which the Project, or any part thereof, h }lt+ d not elsewhere. d, The amount a this hood shall be recltaCed by to the talent of any payment or paymersts faith hereunder, inclusive of ttre paynsen> mechanics' Hens which may be Yrled of rthaord ygarrtsr said improvement, whether or noel '!bairn for'tbe anipury of soul, lien hr, presented under *10 egalnat this bot;rri. f October 2007 Boller Construction C a Jri.c fPont'rfnati Ca/a- ASA 001:11,4 IlilaUAkY 197u A317 • PEW tf}zMAt4 g 9 aMi) tit • THE Amfe ✓ybt tN51'r'rt?s`i nr. r hlers off t#ni President The Hanover Insurance Compan Ittrelyfr Roger Tay1dr if rtt+rt ttorney -In -Fact e h utici seAtlkirli say iiNr. S,1 r'1v Y. Mt.. H,W..WASM 4M .. . 4 Certified Copy Void Without Hanover Watermark This Power of Attorney may not be used to execute any bond with an inception date after December 1, 2008 THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA • POWERS OF ATTORNEY CERTIFIED COPY KNOW ALL MEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Michigan, do hereby constitute and appoint Donald P. Carlson, Peter A. Mikuzis and/or Roger Taylor of Bannockburn, IL and each is a true and lawful Attomey(s) -in -fact to sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its act and deed any place within the United States, or, if the following line be filled in, only within the area therein designated any and all bonds, recognizances, undertakings, contracts of indemnity or other writings obligatory in the nature thereof, as follows: Any such obligations In the United States, not to exceed Fifteen Million and No/100 (515,000,000) in any single instance and said companies hereby ratify and confirm all and whatsoever said Attorney(s)-in-fact may lawfully do in the premises by virtue of these presents. These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which resolutions are still in effect: "RESOLVED, That the President or any Vice President, in conjunction with any Assistant Vice President, be and they are hereby authorized and empowered to appoint Attorneys -in -fact of the Company, in its name and as its acts, to execute and acknowledge for and on its behalf as Surety any and all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings obligatory in the nature thereof, with power to attach thereto the seal of the Company. Any such writings so executed by such Attomeys -in -fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons." (Adopted October 7, 1981 - The Hanover Insurance Company, Adopted April 14, 1982 — Massachusetts Bay Insurance Company Adopted September 7, 2001 - Citizens Insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by a Vice President and an Assistant Vice President, this 31st day of August, 2007. THE COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF WORCESTER ) ss. On this 31st day of August 2007, before me came the above named Vice President and Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations. Notary Pub,yc My commission expires on November 3, 2011 I, the undersigned Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Companies, and do hereby further certify that the said Powers of Attomey are still in force and effect This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America. "RESOLVED, That any and all Powers of Attomey and Certified Copies of such Powers of Attomey and certification in respect thereto, granted and executed by the President or any Vice President in conjunction with any Assistant Vice President of the Company, shall be binding on the Company to the same extent as if all signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile." (Adopted October 7, 1981 - The Hanover Insurance Company, Adopted April 14, 1982 Massachusetts Bay Insurance Company: Adopted September 7, 2001 - Citizens Insurance Company of America) GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this 17 th day of October , 20 0.7 THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CM ysINsuyy` CE CO ANY OF ERICA Certified Copy Void Without Hanover Watermark Slap J 9935 ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE(MWDD/YYYY) 10/19/2007 PRSDUCEFF Carlson, Mikuzis & Taylor 2221 Lakeside Drive Bannockburn, IL 60015 847- 735 -9988 FAX 847- 735 -9933 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. INSURERS AFFORDING COVERAGE NAIC# INSURED Boller Construction Co., Inc. 3045 W Washington St. Waukegan, IL 60085 1847- 662 -5566 FAX 847- 662 -7392 INSURER A: St Paul Travelers A INSURER B: GENERAL INSURER C: VTKCO-5152C 542 -07 INSURER D: 06/01/08 INSURER E: $ 1,000,000 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR AMYL INSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE(MM/DD/YY) POLICYEXPIRATION DATE(MM/DDIYY) LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY VTKCO-5152C 542 -07 06/01/07 06/01/08 EACH OCCURRENCE $ 1,000,000 X PREMISES SES (EaEoccurence) $ 300,000 CLAIMS MADE X OCCUR MEDEXP(Any one person) $ 5,000 $ 1,000,000 PERSONAL E. ADV INJURY GENERAL AGGREGATE $ 2,000,000 $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG POLICY I X JECT LOC p, AUTOMOBILE LIABILITY ANYAUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON - OWNEDAUTOS VTJCAP -5807B 438-07 06/01/07 06/01/08 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 X BODILY INJURY (Per person) $ _ X BODILY INJURY (Peraccidenl) X PROPERTY DAMAGE (Peraccidenl) GARAGE LIABILITY ANYAUTO AUTO ONLY -EA ACCIDENT $ OTHER THAN EA ACC $ AUTOONLY: AGG $ A EXCESS /UMBRELLA LIABILITY VTSMJCUP -5807B 52A -07 06/01/07 06/01/08 EACH OCCURRENCE $15,000,000 $15,000,000 $ OCCUR _ CLAIMS MADE AGGREGATE DEDUCTIBLE RETENTION $ $ A WORKERSCOMPENSATIONAND EMPLOYERS' LIABILITY ANY PROPRIETOP/PARTNER/EXECIfrIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below VTC2 JUB -83748 609-07 06/01/07 O6 OZ OS / / X A. TORY OER E.L. EACH ACCIDENT $ 1,000,000 $ 1,000,000 $ 1,000,000 E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT OTHER DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS RE: River Street & Front Street Improvements Add'l Insured: Village of Lemont (its officials, employees & volunteers); Frank Novotny & Associates, Inc (all agents & employees); URS, Corp (all agents & employees); The Pickus Companies On a Primary Non - Contributory basis GL; Waiver of Subro WC Village of Lemont 418 Main Street Lemont, IL 60439 ACnon9C rfnn9 lno* SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRITTEN - NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENT I /� 1/'l,� �} 1 - -'.A ✓/ ®ACORD CORPORATION 1988