Loading...
R-85-07 Award of Contract for Front St./River St. Improvements Phase 2RESOLUTION R-g5; o7 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 Breezy Hill Nursery, Inc. (under The Pickus Company, as Construction Manager) for such work; and WHEREAS, Breezy Hill Nursery, Inc. submitted a contract to The Pickus Company, Construction Manager, for such landscaping and retaining wall work, in the amount $314,741.50. NOW, THEREFORE, BE IT RESOLVED, by the President and Board of Trustees that the Contract with Breezy Hill Nursery, Inc. (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 26th day of November, 2007 Debby Blatzer Peter Coules Clifford Miklos Brian Reaves Ronald Stapleton Jeanette Virgilio AYES NAYS PASSED ABSENT V rl v Approved by me this 26th day of November, 2007. Attest: .�6 CHARLENE SMO LEN, Village Clerk Approved as to form: Date: V CHARLENE SMOLLEN, Village Clerk JOHN ANTONOPOULOS, Village Attorney 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 TI -IIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES: CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED ATA 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 docent ent 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 Stales and will be subject to legal prosecution. AGREEMENT made as of the 17th day of October in the year of 2007 (In words. ntdicate day. month and year) BETWEEN the Owner: (Nance and address) and the Contractor: Village of Lemont 418 Main Street Lemont, IL 60439 Breezy Hill Nursery 7530 288th Ave. Salem, WI 53168 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 p diners from the date of Om Agreement or, if applicable. state That the date will he fixed hi 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 alter the date /'commencement. Also insert any requirements for earlier Substantial Completion of certain portions of the Work. if not slated elsewhere in the Contract Documents) , subject to adjustments of this Contract Time as provided in the Contract Documents. (lnserl provdrions, ifany. for hguldaled 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 ofThree Hundred Fourteen Thousand, Seven Hundrggollars - - -- ($ ), subject to additions and deductions as provided in the Contract Documents. ($314,741.50) Fnity-OI 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. lfdecisions on other alternates are to be made by the Owner subsequent lo 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, Tess 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 m 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 limilatlon.) 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 thud! be made by the Owner not more than 30 days after the issuance of the fmal 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 rare 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 elate 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 Title Pages Al Special Provision B1 -B -124 Village of Lemont Standard Specification B- 101 -8110 9,1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 9.1.3, and are as follows: (Ether list the Specifications here or refer to an exhibit attached to this Agreement) Document Al Title Pages Special Provision B1 -B -124 Village of Lemont Standard Specification B- 101 -8110 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, J De General Conditions provide that bidding requirements such as advertisement or invitation to hid, instructions so Bidders samplefirms and the Contractor's bid are not part al the Contract Documents' unless enumerated in this Agreement. J ;ley should he listed here only if intended to he 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 Breezy Hill Nursery (Signature) (Printed nano: and title) John F. Piazza President (Sig .e) (Printed name and title) Jerry Epping, President 5 of 5 41 :FLAG PEOPLE 40 TRAFFIC CONTROL DEVICES 39 . DRAINTILE, LEVELING PAD, ANCHORING SYSTEM, GOEFABRIC & CA -6 BACKFILL FOR RETAINING WALL 38 `SHOP DRAWINGS FOR RETAINING WALL, CONCRETE PAVERS, & IRRIGATION SYSTEM 37 SLEEVES 36 ? STAKING & GUYING 0 A A m ) 33 ;GEOFABRIC FOR PLANTINGS 32 !TREE WRAP 31 1" SAND BASE & B" GRANULAR STONE BASE FOR CONCRETE PAVERS 30 !BACKFILL & COMPACTION FOR RETAINING WALL, & CONCRETE PAVER BASE 29 ;IRRIGATION SYSTEM 28 ;STRUCTURAL SOIL (PULVERIZED TOPSOIL) 27 !SHREDDED BARK MULCH 26 ;DRY -WELL- GRAVEL - CRUSHED AGGREGATE CA -1 25 ;LANDSCAPING GRAVEL 24 TTREE, ULMUS X PATRIOT, (PATRIOT ELM), 3" CALIPER TREE FORM, BALLED & BURLAPPED 23 [TREE, GLEDITSIA TRIACANTHOS INERMIS, (THORNLESS COMMON HONEYLOCUSTh 3" CALIPER BALLED & BURLAPPEDI. 22 ?TREE, ACER X FREEMANII AUTUMN BLAZE, (AUTUMN BLAZE FREEMAN MAPLE), 3" CALIPER, BALLED & BURLAPPED 21 !TREE, ACER PLANTANOIDES EMERALD QUEEN, (EMERALD QUEEN NORWAY MAPLE), 3' CALIPER, BALLED & BURLAPPEO 0 O 0 O 19 ':TOPSOIL FURNISH & PLACE 4" (PULVERIZED) 18 !!CONCRETE PAVERS 17 MODULAR BLOCK RETAINING WALL 16 PROTECT YOUR WORK 15 !SUBMITTALS 14 :UNIT PRICES W yy3y C) m N 12 ' REINSPECTIONS/RETESTING 11 !INSPECTIONS 10 :PRODUCT OPTIONS & SUBSTITUTIONS 9 :STAFF THE JOB PER THE SCHEDULE 8 !SUBMITTAL REVIEW 7 !PERSONAL PROTECTIVE EQUIPMENT 5 ;ALL WORK PER PLANS AND SPECS 4 ;PREVAILING WAGE RATES & LAW 820 ILCS 130/0.01 / PER SPEC PAGES B- 22 -8 -26 3 PAYMENT & PERFORMANCE BOND 2 DUMPSTERS 1 DAILY CLEAN UP z O A M N n F V rt z a 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 X X X X x x n r x x X 0 r JFOR LANDSCAPING WORK ONLY FOR LANDSCAPING WORK ONLY DESIGN & INSTALL ACCEPTANCE BY SUPERINTENDENT UPON COMPLETION OF WORK I DUE 3 DAYS AFTER NOTICE TO PROCEED /CONTRACT SEE BREAKDOWN ON ATTACHMENT # 5 SCHEDULING RESPONSIBILITY OF SUBCONTRACTOR COSTS RESPONSIBILITY OF SUBCONTRACTOR 11 SUBMITTED SCHEDULE REVIEWED & DISCUSSED BACKCHARGE FOR ALL ADMIN COSTS TO SUBMIT SUBSTITUTIONS PER OSHA AND LOCAL REQUIREMENTS Z 0 X 10 W WEEKLY CERTIFIED PAYROLLS REQUIRED (2 ORIGINALS REQUIRED)! BACKCHARGES FOR GC CLEANUP REMARKS 31AL131NI dO BIND 0 o ▪ C g 0 IHl L SWOON300V m Z 0 SUBCONTRACTOR BREEZY HILL NURSERY, INC :NOI ldIL10S30 LANDSCAPING, RETAINING WALL, IRRIGATION, & P IL138RfN 9OT cn INOI133S NOIJV3IJI33dS ON „1.713J4 4uowal l0 )121OM AO 3dOOS 6'ON 1N3WHOV1tV JOB NAME: FRONT RIVER STREET IMPROVEMENTS -PHASE 2, LEMONT, IL. DATE/TIME: 11/6/2007, 1:38 PM 1N3W6'VOO z n r t NJ 42 !MULTIPLE MOBILIZATIONS X PER JOB PHASING 43 !INSURANCE X _ PER SPECIFICATION 44 ;VERIFICATION OF QUANTITIES X TO BE AGREED UPON BY CITY, ENGINEER, PICKUS & BREZZY HILL • NNOM AO 3dODS JOB NAME: FRONT RIVER STREET IMPROVEMENTS -PHASE 2, LEMONT, IL b 'ON 1N3INHOV11V DATE/TIME: 11/6/2007, 1:38 PM n 0 rn SUBCONTRACTOR: BREEZY HILL NURSERY, INC NOI1dIH3S3C 23391iif1N 901' 111 N a S301 1:1c1 ItNn S 1N3WH3VIIV JOB NAME: FRONT RIVER STREET IMPROVEMNTS PHASE 2, LEMONT, IL. DATE/TIME: 11/6/2007, 1:35 PM 0 gb 1 79 !IRRIGATION SYSTEM 1 78 [STRUCTURAL SOIL (PULVERIZED TOPSOIL) 1 77 [SHREDDED BARK MULCH 1 76 :DRY -WELL- GRAVEL- CRUSHED AGGREGATE CA -1 1 75 !LANDSCAPING GRAVEL 1 74 !TREE. ULMUS X PATRIOT, (PATRIOT ELM), 3" CALIPER TREE FORM, BALLED & BURLAPPED 1 73 !TREE, GLEDITSIA TRIACANTHOS INERMIS, (THORNLESS COMMON HONEYLOCUST), 3' CALIPER, BALLED & BURLAPPED 1 72 [TREE, ACER X FREEMANII AUTUMN BLAZE, (AUTUMN BLAZE FREEMAN MAPLE), 3" CALIPER, BALLED & BURLAPPED 1 71 TREE. ACER PLANTANOIDES EMERALD QUEEN, (EMERALD QUEEN NORWAY MAPLE). 3" CALIPER, BALLED & BURLAPPED 1 70 !SODDING 1 69 !TOPSOIL FURNISH & PLACE 4" 88 !CONCRETE PAVERS 1 67 ;MODULAR BLOCK RETAINING WALL ;PERFORMANCE & PAYMENT BOND Z y C z 0 m m 1NO. 1 DESCRIPTIONS r Ca 0 -< 0 t 0 < 0 < D Cl 2 EACH EACH EACH N < SY SF N Ti LS LS C z =I- 422 O O O Co V W N 3835 N 6 O N " D C _ i H H A E NN 6 A °o J H N Ci H NN OI O iH OO $ 510.42 H H 2',. A N �,D W° N A 4t W H H N P w a H A 0 H A UNIT PRICE 1 $ 314,741.60 1 H H A G o1. 0 O A $ 325.30 1 H 1 p N o O N CC CO O N H/ H W IC CO w OD V H N w Q $ 14,573.00 S 77,035.00 I $ 20,057.05 (H 0n m o H O TOTAL SUBCONTRACTOR: BREEZY HILL NURSERY, INC NOI1dIH3S3C 23391iif1N 901' 111 N a S301 1:1c1 ItNn S 1N3WH3VIIV JOB NAME: FRONT RIVER STREET IMPROVEMNTS PHASE 2, LEMONT, IL. DATE/TIME: 11/6/2007, 1:35 PM 16/11/2667 68:43 8476814766 PICKUS COMPANIES PAGE 62/66 RETURN WITH BID CERTIFICATE OF UNDERS_TANDING 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 of i�HIS IS TOCERTIFY THAT I <✓v'c1 lf)oix..1 President/PrincipaVPartner /K Zq )'1 i /jwYs� / (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 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 ousts and attorney's fees resulting from any and all claims against the Owner and/or Engineer relating to the subject project. Dated this / (*I day of ©a 2007. CONTRACTOR'S NAME: z `{ 1-1111 tAorsc/ y ADDRESS: ?.5 3V— Ave_ WITNESS: Sc= ∎ Nt / (/''j 53 t 69 BY: (SECRETARY /NOTARY) (S E A L) SIGNED BY: C -9 residentIPdnc green (Typed/Printed Name) 16/11/2007 08:43 8476814768 PICKIJS COMPANIES PAGE 03/66 RETURN WITH SIA CONTRACTOR'S BID RIGGING CERTIFICATION As Required Under Article 33E, "Pub�'f Contracts"j of the Criminal Code of 1961 (720 ILCS 5/22E -1 Thru 5/33E -13) l�v(C Z'/ M i I ( \J 4 .r ( ✓ a l e r e p✓cy ii J (Print Name of Contractor) (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: i ° I a `j By: igna e) Title: Pr C S; 4- 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 act or if violations do exist, they are being contested properly. Dated; (D/ 11 STATE OF Wig ) COUNTY OF D e- - SS Contractor: 13'LC t 1-1; V (sign re) Title; 1 r' ( By: I, the undersigned, a Notary Public in and for the State and County aforesaid, hereby certify that 1 f':i/i ft'. /P� /' before me this day in person and, being first duly s� executed the foregoing certifications as his/her free Dated: (NOTARY SEAL) (Name of Signatory) appeared rn on oath, acknowledge that he /she act and deed. C -10 (Notary Public) 10/11/2007 08:43 8476814760 PICKUS COMPANIES PAGE 04/06 RETURN WITH BID CONTRACTOR'S DRUG -FREE WORKPLACE CERTIFICATION Pursuant to 30 ILCS S80 /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 Contractors 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 inform employees about; 1) the dangers of drug abuse in the workplace; 2) the grantee's or Contractors 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. C -11 10/11/2007 08:43 8476814760 PICKUS COMPANIES PAGE 05/06 RETURN WITH BID CONTRACTOR'S DRUG -FREE WORKPLACE CER77FICA71ON, Contd. 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: AD/// ? Lr�`SerSi /. COUNTY OF fF� - SS COUNTY OF J� Contractor: By: 13&u Z' f-1 i 1V6rrvy ihorized Age Co r or) Title: I, the undersigned, a Notary Public in and for the State and County aforesaid, hereby certify that - P.ra/itP 4°,7)1V �% (Name of Signatory) appeared before me this day in person and, eing first duly sworn on oath, acknowledged that he/she executed the foregoing certification as his /her free act and deed. Dated: (NOTARY SEAL) , 4 1 / d z i A J( , ���� C -12 (Notary Public) RETURN WITH BID 16/11/2667 68:43 8476814766 PICKUS COMPANIES PAGE 66/66 CONTRACTOR'S SEXUAL HARASSMENT POLICY CERTIFICATION ( "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 5/2- 105(A)(4). Dated: 49/l; 7C)7 Contractor: By: Title: 1R/((7 2 IT! ty -7 (Authorize Age o Contra r) WISCa/Si 1 STATE O COUNTY OF o.C4f1) - SS 1, the undersigned, a Notary Public in and for the State and County aforesaid, hereby certify that J ? -e9/n -t (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 and deed. Dated: /0 —II-0 / /Wi u (NOTARY SEAL) C -13 (Notary Public) Surety Bond No. 511055 KNOW ALL MEN BY THESE PRESENTS, that we, Breezy Hill Nursery, Inc . a Corporation organized under the laws of the State of Wisconsin , and licensed to do business in the State of Illinois as Principal, and west Bend Mutual Insurance Company a Corporation organized and existing under the laws of the State of Wisconsin , 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 Three Hundred Fourteen Thousand, Seven Hundred Forty -Two and no /100 Dollars ($ 314,742.00 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 Pickus Companies, as Construction Manager for the Village of Lemont for the construction of the work for: 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 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 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 shalt 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 effect. 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 6th day of November , 2007. ATTEST: (S E A L) Corporate Name Breezy Hill Nursery, Inc . By Surety Presi We t Bend Mutual Insurance Co (Attorney-In- act) Todd J. Looker Address 1900 South 18th Avenue West Bend, WI 53095 E -2 1900 SOUTH 18TH AVENUE + MST BEND, V91 Power of Attorney No. 0511056 Know all men by these Presents, That West Bend Mutual Insurance Company, a corporation having its principal office in the City of West Bend, Wisconsin does make, constitute and appoint: Steven R. Kuhnmuench, Michael R. Schulte, Anthony S. Von Rueden, Thomas G. Wells, John C. McLaughlin, James H. Rvan, James C. Boyce, Jr., Charles V. Johnson, John S. Borges, Michael C. Tagtow. Todd J. s Looker lawful Attorney(s)-in-fact, to make, execute, seal and deliver; for and on its behalf as surety and as its act and deed any and all bonds, undertakings and contracts of suretyship, provided that no bond or undertaking or contract of suretyship executed under this authority shall . exceed in amount the sum; of: $1,000.000 This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of West Bend Mutual Insurance Company at a meeting duly called and held on the 21st day of December, 1999. Appointment of Attorney -In -Fact. The president or any vice president, or any other officer of West Bend Mutual Insurance Company may appoint by written certificate Attorneys -in -Fact to act on behalf of the company in the execution of and attesting of bonds and undertakings and other written obligatory instruments of like nature. The signature of any officer authorized hereby and the corporate seal may be affixed by facsimile to any such power of attorney or to any certificate relating therefore and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the company, and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the company in the future with respect to any bond or undertaking or other writing obligatory in nature to which it is attached. Any such appointment may be revoked, for cause, or without cause, by any said officer at any time. In witness whereof, the West Bend Mutual Insurance Company has caused these presents to be signed by its president undersigned and its corporate i al to be hereto duly attested by its secretary this 1st day of March, 2002: Attest Ja J. Pa Se tary State of Wisconsin County of Washington Anthony J. Warren Chief Executive Officer / President 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. Joh . uwell Sr. Vice President Notary Public, Washington Co. WI .0P wIso.. 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'rernains: in full force effect and has not been revoked and that the Regtl',utiinl of the Board of Directors, set forth in the Power of Attorney is now in force ned and sealed at Wes THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A312 Performance Bond Surety Bond No. 511055 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Breezy Hill Nursery, Inc. 7530 -288th Avenue Salem, WI 53186 OWNER (Name and Address): Village of Lemont, IL 418 Main Street Lemont, IL 60439 CONSTRUCTION CONTRACT Date: October 17th, 2007 Amount: $314,741.60 Description (Name and Location): River Street & Front Street Improvements - Phase II Roadway and Landscape Work BOND Date (Not earlier than Construction Contract Date): October 23rd, 2007 Amount: $314,741.60 Modifications to this Bond: ® None SURETY (Name and Principal Place of Business): West Bend Mutual Insurance Company 1900 South 18th Avenue West Bend, WI 53095 0 See Page 3 CONTRACTOR AS PRINCIPAL SURETY West Bend Mutual Insurance Company Company: Breezy Hill Nursery, Inc. (Corporate Seal) Company: (Corporate Seal) Signature: qfd Name and Title: f Any additional signatures appear on page 3) Signature: \ 4 Name and Title: Todd J. Looker, Aftorney -I -Fact (FOR INFORMATION ONLY —Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or Robertson Ryan & Associates, Inc. other party): 20975 Swenson Drive, Suite 175 Waukesha, WI 53186 AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 THIRD PRINTING • MARCH 1987 Contract 372 (12 -87) A312 -1984 1 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construc- tion Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reason- able time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be de- clared earlier than twenty days after the Contractor and the Surety have received notice as provided in Sub- paragraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accor- dance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Para- graph 3, the Surety shall promptly and at the Surety's ex- pense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construc- tion Contract itself, through its agents or through inde- pendent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Con- struction Contract, arrange for a contract to be pre- pared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in ex- cess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is deter- mined, tender payment therefor to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Su re- ty is obligated without duplication for: 6.1 The responsibilities of the Contractor for correc- tion of defective work and completion of the Construc- tion Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and re- sulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual dam- ages caused by delayed performance or non- perfor- mance of the Contractor. 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Con- struction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. 8 The Surety hereby waives notice of any change, includ- ing changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obliga- tions. 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever oc- curs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation avail- AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA 6 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 THIRD PRINTING • MARCH 1987 A312 -1984 2 able to sureties as a defense in the jurisdiction of the suit shall be applicable. 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the sig- nature page. 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Con- MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: tractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, re- duced by all valid and proper payments made to or on behalf of the Contractor under the Construction Con- tract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to per- form or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Signature: Name and Title: Address: SURETY Company: (Corporate Seal) Signature. Name and Title: Address: MA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA 0' THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE.. N.W., WASHINGTON, D.C. 2IX)06 THIRD PRINTING • MARCH 1987 A312 -1984 3 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A312 Payment Bond Surety Bond No. 511055 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Breezy Hill Nursery, Inc. 7530 -288th Avenue Salem, WI 53186 OWNER (Name and Address): Village of Lemont, IL 418 Main Street Lemont, IL 60439 CONSTRUCTION CONTRACT Date: October 17th, 2007 Amount: $314,741.60 Description (Name and Location): River Street & Front Street Improvements - Phase II Roadway and Landscape Work BOND Date (Not earlier than Construction Contract Date): October 23rd, 2007 Amount: $314,741.60 Modifications to this Bond: IN None SURETY (Name and Principal Place of Business): West Bend Mutual Insurance Company 1900 South 18th Avenue West Bend, WI 53095 O See Page 6 CONTRACTOR AS PRINCIPAL SURETY West Bend Mutual Insurance Company Company: Breezy Hill Nursery, Inc. (Corporate Seal) Company: (Corporate Seal) Signature: Name and Title: (Any additional signatures appear on page 6) Signature: Name and Title: Todd J. L ooker, Attorney -in -Fact (FOR INFORMATION ONLY —Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): Robertson Ryan & Associates, Inc. 20975 Swenson Drive, Suite 175 Waukesha, WI 53186 *IA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 THIRD PRINTING • MARCH 1987 Contract 373 (12 -87) A312 -1984 4 • 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the perfor- mance of the Construction Contract, which is incorpo- rated herein by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment fur- nished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes pay- ment, directly or indirectly, for all sums due. 4 The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Con- tractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above no- tice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5 If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is suffi- cient compliance. 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the perfor- mance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's prior- ity to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelat- ed to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claim- ant under this Bond, and shall have under this Bond no obli- gations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent juris- diction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or the last mate- rials or equipment were furnished by anyone under the Con- struction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA. THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 THIRD PRINTING • MARCH 1987 A312.1984 5 a Bond shall be construed as a statutory bond and not as a common law bond. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equip- ment for use in the performance of the Contract. The intent of this Bond shall be to include without limita- tion in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Signature: Name and Title: Address: SURETY Company: (Corporate Seal) Signature. Name and Title: Address: AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 THIRD PRINTING • MARCH 1987 A312 -1984 6 . rk° d' .11!_ ill r: 19olsoullf I8TU AVENUE . WEST BEND, WI 53095 Power of Attorney Know all men by these Presents, That West Bend Mutual Insurance Company, a corporation having its principal office in the City of West Bend, Wisconsin does make, constitute and appoint: Steven R. Kuhnmuench, Michael R. Schulte. Anthony S. Von Rueden, Thomas G. Wells, John C. McLaughlin, James H. Ryan, James C. Boyce, Jr., Charles V. Johnson, John S. Bottles, Michael C. Taotow, Todd J. Looker No. O511055 lawful Attorney(s)-in-fact, to make, execute, seal and deliver for and on its •behalf as surety and as its act and deed any and all bonds, undertakings and contracts of suretyship, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of: $1,000,000 This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of West Bend Mutual Insurance Company at a meeting duly called and held on the 21st day of December, 1999. Appointment of Attorney-In-Fact. The president or any vice president, or any other officer of West Bend Mutual Insurance Company may appoint by written certificate Attorneys-in-Fact to act on behalf of the company in the execution of and attesting of bonds and undertakings and other written obligatory instruments of like nature. The signature of any officer authorized hereby and the corporate seal may be affixed by facsimile to any such power of attorney or to any certificate relating therefore and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the company, and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the company in the future with respect to any bond or undertaking or other writing obligatory in nature to which it is attached. Any such appointment may be revoked, for cause, or without cause, by any said officer at any time In witness whereof, the West Bend Mutual Insurance Company has caused these presents to be signed by its president undersigned and its corporate al to be hereto duly attested by its secretary this 1st day of March, 2002. ......... "71. .. . . . . tORP°F1A1.0%8': Anthony J. arren SEALp Chief Executive Officer / President Odt 1 Ja Se tary State of Wisconsin County of Washington 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. , ' ...r4" ...... ...................... " , , , -...i1111 ilk ...■ i * ; NOTARY ',.. * 1 JohiF. is uwell 9,.1:110 vvB1-1:..:42.,..1.41 , NStAroli...t■4rylcomeptrPurbiessisidciido,mwenunasittsu,ahplienintingstrouarnnaenccnoet . Company, a •Wisconsin cOrpqr.ftiOfunliefourcor,eizfledetQand!k-tias nof been and that the Reenlvti- The Undersigned, duly elected to thternoffic:tshtiasieceditbieficalowte;,nDOW:,iiihireirtbelucrn' e' brilf,nt, that the tehs!tifo:IliolerentgfiBgtmattardcohted power of forth Attorney remairts in Directors, set in the Power of Attorney is now in force_