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