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R-73-07 Award of Contract for Front Street/River Street Improvements-Phase 2L RESOLUTION o7 RESOLUTION AUTHORIZING AWA D 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 Home Towne Electric (under The Pickus Company, as Construction Manager) for such work; and WHEREAS, Home Towne Electric submitted a contract to The Pickus Company, Construction Manager, for such electrical work, in the amount of $344,059.00. NOW, THEREFORE, BE IT RESOLVED, by the President and Board of Trustees that the Contract with Home Towne Electric (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 V L/' v v Approved by me this 19th day of November, 2007. Attest: % CHARLENE SMOLLEN, Village Clerk Approved as to form: Date: ARLENE SMOLLEN, Village Clerk JO N F. • 1 ZA illage President 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 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 Home Towne Electric 35220 N. Route 83 Lake Villa, IL 60046 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. fit differs from the date of this Agreement or, if applicable..vtate 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 pardons 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 Three Hundred Forty -Four Thousand Fifty -Nine & NO /100 Dollars - - - - -- ($344,059.00), 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 m 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: (1f it is intended. prior 10 Substantial Completion of the entire Work, to reduce or limit the retainoge resulting from the percentages inserted in Subparagraphs 5.6.1 and 5.6.2 above. and this is not explained elsewhere in the Contract Documents. insert here provisions for such reduction or limitation.) ARTICLE 6 FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final 3 of 5 payment; and (2) a final Project Certificate for Payment has been issued by the Construction Manager and Architect; such final payment shall be made by the Owner not more than 30 days after the issuance of the final Project Certificate for Payment, or as follows: ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, Many.) 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 fmm 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 -B110 9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 9.1.3, and are as follows: (Either list the Specifications here or refer to an exhibit attached to this Agreement) Document Title Pages Al Special Provision B1 -B -124 Village of Lemont Standard Specification B- 101 -B110 4 of 5 9.1.5 The Drawings are as follows, and are dated unless a different date is shown below: (Either list the Drawings he or refer to an exhibit attached to this Agreement) Document Title See Attachment #2 9.1.6 The Addenda, if any, are as follows: Document None Pages Title Pages Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. 9.1.7 Other documents, if any, forming part of the Contract Documents are as follows: (List here any additional documents which are intended to form part of the Contract Documents. Ille General Conditions provide that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders. sample ihrms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. I !ley should be listed here only if intended to be part of the Contract Documents) This Agreement is entered into as of the day and year first written above and is executed in at least four original copies of which one is to be delivered to the Contractor, one each to the Construction Manager and Architect for use in the administration of the Contract, and the remainder to the Owner. OWNER Village of Lemont . • 4J (Signature (Printed name 'nd n de) John F. • iazza, President CONTRACTOR Home Towne Electric (Signature) (Printed name and title) Daniel Green, 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 06107(07 C0.20 TYPICAL ROAD SECTION AND DETAILS 06/07107 C0.30 EXISTING CONDITIONS AND SOIL BORING PLAN 06107/07 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 06107107 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 06/07/07 C1.03 RIVER STREET PLAN AND PROFILE STA 55 +00 - 60 +90 06107/07 C1.04 GRADING AND EROSION CONTROL PLAN WEST 06/07/07 C1.05 GRADING AND EROSION CONTROL PLAN EAST 06/07107 C2.00 LAYOUT AND MATERIAL PLAN - WEST 06/07/07 C2.01 LAYOUT AND MATERIAL PLAN - EAST 06107/07 C3.00 STORM WATER POLLUTION PREVENTION PLAN 06/07/07 C3.01 UNDERGROUND UTILITY DETAILS 06/07/07 C3.02 UNDERGROUND UTILITY DETAILS 06/07107 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 06/07107 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 06107107 L3.11 LANDSCAPE SPECIFICATIONS AND DETAILS 06/07/07 L4.00 IRRIGATION SCOPE PLAN 06/07/07 DATE /TIME: 10/22/2007, 8:33 AM ATTACHMENT NO. 4 JOB NAME: FRONT RIVER STREET IMPROVEMENTS -PHASE 2, LEMONT, IL. SCOPE OF WORK C aft O 2 C W 0 SPECIFICATION SECTION: O N O JOB NUMBER: ELECTRICAL WORK DESCRIPTION: HOME TOWNE ELECTRIC SUBCONTRACTOR: 0 0 Z Z X 0 Z X 0) w } ADDENDUMS 1 THRU X c w SMALL BUSINESS: 1- 0 0 0 O r CO 0 O Z PER OSHA AND LOCAL REQUIREMENTS FOR ANY REVIEWS AFTER ONE RESUBMITTAL BACKCHARGE D SCHcni 11 c REVIEWED & DISCI ISSED SUBMI 1 I C BACKCHA RGE FOR ALL ADMIN COSTS TO SUBMIT SUBSTITUTIONS SCHEDULING RESPONSIBILITY OF SUBCONTRACTOR COSTS RESPONSIBILITY OF SUBCONTRACTOR SEE BREAKDOWN ON ATTACHMENT # 5 DUE 3 DAYS AFTER NOTICE TO PROCEED /CONTRACT ACCEPTANCE BY SUPERINTENDENT UPON COMPLETION OF WORK J X W X X X -J 0 X X X X X X X X X X X X X X X 1 2 DUMPSTERS 8 SUI:MI 1 IHL K^^Ii v run nnurnl 11 C I 12 �KtINSPtI;IIVIVJlrtci co 111•11.7 , "1111AAIrCC F J J L I 16 EPKUI t1:1 YUUK VvUn■ 17 ELECTRIC SERVICE INSTALLATION I 26 I LIGH 1 PULL ruuIUH I lull, cv u1-w l Lll, .11 27 IFLOOD LIGHTING UNIT DATE/TIME: 10/22/2007, 8:33 AM O z r z w 2 V ✓ r z 0 f J W a to z z W 2 W 0 a ✓ w 1- y re z z 0 cc w z 0 SCOPE OF WORK INCLUDES IRRIGATION SYSTEM FOR ELECTRICAL WORK ONLY FOR ELECTRICAL WORK ONLY PER JOB PHASING PER SPECIFICATION TO BE AGREEDED UPON BY CITY, ENGINEER, PICKUS & HOMETOWNEI X X X X X X X X X X X !G X X X X aC ad a p ocs O i= Z O U o re w (D a: 1 37 (JULIE LOCATES U 5 OJ O Z O V . CO i m w a O CO m Z O r~ J N O g w O v w Z v co w 1 a u. z UH Z p Q t- N M v v C� Z = < ' a a 1 45 !CONCRETE FOUNDATIONS I co O O O ! CD • a w g a Z j m W f- N w CO v I 49 SEALANTS & TAPES o co O H z O O Et zw 1 0 In a a u 1 52 ITESTING PER PLANS & SPECS. STATE & VILLAGE STANDARDS I I \ 1- z w 2 0 U N 00 N 0 W w W 0 2 H z W 2 X 0 =Q z 0 2 w J N W 2 O. 1- z 2 W 0 a 2 w W re O h w z Z 0 U. LL W Q z 0 UNIT PRICES 0 N 0 JOB NUMBER: ELECTRICAL WORK DESCRIPTION: HOME TOWNE ELECTRIC SUBCONTRACTOR: TOTAL V! O O O) h 19 $ 2,309.00 I 00 0 O P 49 O 0 N t00 r M tn. $ 2,322.00 $ 53,295.00 I 0 M f04 N 0 0 0 {0 .0 W 0 0 N r) 0 M 00 N O 07 M $ 32,832.00 I 0 0 N ..... 49 $ 2,557.00 I O 0 O N 49 1 $ 74,352.00 $ 34,848.00 I O N 0 O r) Ifl UNIT PRICE I 40 0 0 O01 r 49 0 N 6 M N M $ 29.50 $ 1,042.00 $ 10.80 $ 11.40 $ 13.20 , V! 0 ri N O 0) N 0 0 p OD u) M 1- N O n 4 Q r N C 0 10 N N W O ui N u) Y/ O 01 O M W $ 1,452.00 QUANTITY I r v- — 240 3 215 4675 2300 4000 2600 1 240 7 — e+) N N UNIT J LS EACH FOOT EACH FOOT 1 FOOT FOOT FOOT FOOT EACH FOOT EACH 2 W 2 Q W 2 4 W 2 Q W INO 1 DESCRIPTIONS U Fr C411.1_10< p c0 Q 1- J Z a 2 z a w ocs U W CC ZW~ z U ec W w 07 10 0 0 Z C7 Q Q - a. z cj Z Z w )= 0 Z Z OU x M F Ad UNIT DUCT 600V.2 -1 C NO. 10. 1/C NO. 10 GROUND, (XLP -TYPE USE) 3/4" DIA. POLYETHYLENE! W Z W } = H LIJ ›- J . Q 4- w (0 w } °- X Z 7 O m Z U a z U i N o 1 c°o • I U i 1 2 1❑? ) [) W Z J } = W J O r3- 0 = 4. w 01 w W Z O y Z U — N z U N o c°o U 1- J C 37 'UNIT DUCT 600V,3 -1 C NO. 6, 1/C NO. 8 GROUND, (EPR -TYPE USE) 1 "DIA. POLYETHYLENE 38 TRENCH & BACKFILL FOR ELECTRICAL WORK 39 LIGHTING CONTROLLER SPECIAL 40 LIGHT POLE FOUNDATION, 24" DIAMETER, SPECIAL 41 Fl non I IGHTING UNIT __ CC W p I_ Z O = O Z >-I-0.< rL N CC w 0 0 0 w 2 Q w w LL C7 w O U 2_1 M d' Q J w Z 0 O J x V Q J W Q Z O W_ 2 2 J u) :°. !" . ` Z w 0 0 10/11/2007 08:46 8476814760 PICKUS COMPANIES PAGE 02/06 RETURN WITH BID CERTIFICATE OF UNDERSTANDING REGARDING HOLD HARMLESS c INSURANCE COVE iAGE REQUIREMENTS OWNER: Village of Lemont PROJECT NO.: 07042 PROJECT DESCRIPTION: Front Street & River Street Improvements — Phase II Roadway.), Landscape Work THIS iS • CERTIFY THAT 1., EL , President/PrincipalPartner "Contractor"), have read the "Hold Harmless and Insurance Pro isia s hereinafter Inoorporated as n the attached Proposal Document and possess full authority and power to legally bind said Contractor to same, fir• • 1, 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, 1 UNDERSTAND AND AGREE, that If said Insurance Requirements are not fulfilled, we, the Contractor, will bear full responsibility for paying any and all costs of litigation, including but not limited to, settlement costs and attorney's fees resulting from any and all claims against the Owner and/or Engineer relating to the subject project. Dated this ft - day of 79 -Pr , 2007. CONTRACTOR'S NAME: 'j7e-Tt AkJe. C ADDRES (SECRETARY/NOTARY) (SEAL) SIGNED BY: C -9 (President/ rincl7i/Partner) a(Qtr (Typed/Printed Name) Received Oct -11 -07 09:16 From- 8476814760 To- Page 002 10/11/2007 08:46 8476814760 PICKUS COMPANIES PAGE 03/06 RETURN WITH BID C NT A TOR'S BID RIGGING CERTIFICATION As Required Under Article 33E, °Pu (720 ILCS 5/22E -1 Thru 5/33E -13) Inc Contracts ", of t ,Criminal "Co. e? a .i (Ilk (Print Name of Contractor) e of 1961 (Corporation, Partnership) (Sole Proprietorship) as part of his/its bid on this Contract hereby certifies that the Contractor is not barred from bidding on this Contract as a result of a violation of either Section 5/33E -3 (bid - rigging) or 5/33E -4 (bid - rotating) of Article 33E of Act 5 "Criminal Code of 1961, as amended. Dated: 10 ((t (crk By: Title: (Signature) CONTRACTOR'S TAX DELINQUENCY CERTIFICATION As required under 65 ILLS 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: /yJ // /07 Contractor: /fl 5 (/e}( STATE OF ILLIN IS ) COUNTY OF ) - SS • Title: (Signature) 1, the undersigned, a Notary Public in and for the State and County aforesaid, hereby certify that loan L( T. 6feell (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 fr ct and deed.,. Dated: /° l �� (NOTARY SEAL) Received Oct -11 -07 09:16 OFFICIAL SANDRA MAHONEY NOTARY PUBLIC - STATE OF ILLINOIS MY COMMISSION EXPIRE8701/02,1 t Fran - 8470814760 (Notary Public) Page 003 10/11/2007 08:46 8476814760 PICKUS COMPANIES PAGE 04/06 I RETURN WiTH BID CON - A TOR DRU FREE W a RKP CE CERTI CA ON Pursuant to 30 ILCS 580/1, et seq. ( "Drug -Free Workplace Act "), the undersigned Contractor hereby certifies to the contracting agency that it will provide a drug -free workplace by: A. Publishing a statement: 1) Notifying employees that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance including cannabis, Is prohibited in the grantee's or Contractor's workplace. 2) Specifying the actions that will be taken against employees for violations of such prohibition. 3) Notifying the employee that, as a condition of employment on such Contract or grant, the employee will: (a) abide by the terms of the statement; and (b) notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction. 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 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. Received Oct -11 -07 09:16 From- 8476814760 To- Page 004 10/11/2007 08:46 8476814760 PICKUS COMPANIES PAGE 05/06 1 RETURN WITH BID J l CONTRACT,QR'S DRUG -FREE WORKPLACE CERTIF/CA770NN Cant'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: ` /47 Contractor: By: (Aut orized gent of Contractor) Title: "� �'.C� r'C� :Gtx-. STATE OF ILLI OIy, COUNTY OF �z L� : ) _ $g I, the undersigned, a Notary Public in and for the State and County aforesaid, hereby certify that /),3, 6re� (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 er free act an deed. Dated: / till i % 7 (NOTARY SEAL) OFFICIAL SEAL SPNDRA MAHONEYS NOTARY PIIBIIC - STATE OF ILLINOIS MY COMMISSION EXPIRES1111011 C -12 Received Oct -11 -07 08:16 From - 8476814760 .44 '" (Notary Public) To- Page 005 10/11/2007 08:46 8476814760 PICKUS COMPANIES PAGE 06/06 RETURN WITH RID CONTRACT S SEXUAL HARASSMENT PO CY CERTIFICATION ( "Contractor "), having submitted a bld/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- 1O5(A)(4), Dated: b/l`70 Contrac BY: Title: tor: Alrear/ (Autho ed Agent of Contractor) STATE OF ILLINOIS ) COUNTY OF Lela ) - SS I, the undersigned, a Notary Public in and for the State and County aforesaid, hereby certify that �� [ ,- C rz (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: 0 /I (NOTARY SEAL) 2-j OFFICIAL SEAL SANDRA MAHONEY NOTARY PUBLIC - STATE OF ILLINOIS MY COMMISSION EXPIRESA1102/11 C -13 Received Oct -11 -07 09:16 Frcm- 9476914760 To- ,z2 otary Pub c) Page 006 FORM OP (TRACT g&ltf© TO BE PROVIDED BY EACH SUBCONTRACTOR Bond No 104885818 Job #071261 (CORPORATION) KNOW ALL MEN BY THESE PRESENTS, that We, Home Towne Company, Inc. , a Corporation organized under the laws of the State of __Illinois� _, and licensed to do business in the Slate of Illinois as Principal, and Travelers Casualty and Surety Company of America a Corporation organized and existing under the laws of the State of conncecticut with authority to do business in the State of Illinois, as Surety, certify that we are ratted by A.M. Best to be 6A-" or better, and are held and firmly bound unto the Pickus Companies, as Obligee , in the penal sum of Three Hundred Forty -Four Thousand Fifty -Nine & N0 /100 t 344,059.00 lawful money of the United States, well and truly to be pail unto said Village of Lemont, for the payment of which we bind .ourselves, our successors, and assigns, Jointly, severally, and firmly by these presents. THi: CONDITION OF THE FOREGOING OBLIGATION IS SUCH that whereas, the mild Principai has entered into a written Contract with the Village of erriont 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, end whereby the sald Principal has promised and agreed to perform said work In' accordance with the tsars 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 perforating such work and has further agreed to pay all direct and indirect damages to slay 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 shell inure to the benofit of any person, firm, oompany, 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, oompany, 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 acoordancs with the toners 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 fortune purposes of constructing such work, and shall commence and complete the work within the time prescribed in said Contract, and shall pay and discharge all damages, direct and indirect, that may be suffered or sustained on account of such work during the time of performance thereof and until the said work shall have been accepted, and shall hold the Owner and the Engineer harmless on account of any such damages, and shall in all respects fully and faithfully comply with ail tha provisions, conditions, and requirements of said Contract, and shall remove and replace any defeats 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 Contractor to the work to be performed thereunder, or the Specifications accompanying the same, shall in any way affect its obligation on thls Bond, and it does herein waive notice of any such change, extension of time, alteration or addition b the terms of the Contract, or to the work or to the Specifications. IN WITNESS WHEREOF, we have duly executed the foregoing obligation this 24 th „day of October , 2007. ATTPST Corporate Name IA 1 6y Daniel Green P Ident Tray ers Casualty and Surety Comp 5u = _ Afflir. _ Charles R. McQuiggan (Attorney4n- Fact) If Address 95 N Research Dr Ste 100 Edwardsville, II 62025 E -2 America IM ST PAUL tri TRAVELERS WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company Attorney -In Fact No. 217743 St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 001169526 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint Charles R. McQuiggan, Ralph L. McQuiggan, and Stephen G. McQuiggan of the City of Glen Carbon State of Illinois their true and lawful Attorney(s) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their us}ipess ofoguaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or pep �ons o . ceedings allowed by law. iPP IN WITNESS WHEREOF, the Comps have caused this ins eptem er day of Farmington Casualty CQ 'P Fidelity and Guarantygfra Fidelity and Guaranty insu4l& Underw Seaboard Surety Company St. Paul Fire and Marine Insurance Company 0 rs Inc. oralllth orate seals to be hereto affixed, this St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company State of Connecticut City of Hartford ss. By: orge Wdompson, Sena l l th September 2006 On this the day of , before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2011. 58440-6-06 Printed in U.S.A. `Marie C. Tetreault, Notary Public WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED RORDFR State of Illinois County of Madison On this 24th day of October, 2007, before me, a Notary Public within and for the above mentioned county, personally appeared Charles R. McQuiggan, to me personally known, whom being by me duly sworn he is an Attorney -In -Fact of: AMCO Insurance Company American Contractors Indemnity Company American Safety Casualty Insurance Company Banclnsure, Incorporated Bond Safeguard Insurance Company CNA Surety Company Contractors Bonding and Insurance Company Cumberland Casualty and Surety Company Fidelity and Deposit Company of Maryland First Sealord Surety, Inc. First National Insurance Company of America Granite Re, Inc. Lexon Insurance Company Nationwide Mutual Insurance Company Nova Casualty Company Old Republic Surety Company St. Paul Fire and Marine Insurance Company The Ohio Casualty Insurance Company Travelers Casualty and Surety Company of America Underwriters Insurance Company United States Fidelity and Guaranty Company West American Insurance Company Western Surety Company the corporation named in the foregoing instrument, and that the seal affixed to the said instrument is the corporate seal of the said corporation, and that the said instrument was signed and sealed on behalf of the said corporation by authority of its Board of Directors, and the said Charles R. McQuiggan, acknowledged the said instrument to be the free act and deed of the said corporation. By: Holly 'Vanessa 9oknson NOttLlj Public Official Seal Holly Vanessa Johnson Notary Public, State of Illinois My Commission Expires March 26, 2009 HOMETOW -01 BEAL ACORD CERTIFICATE OF LIABILITY INSURANCE ° 10/22/200 ' TYPE OF INSURANCE 'PRODUCER (847) 797 -5700 Assurance Agency, Ltd. One Century Centre One Century tur f Road 1750 Schaumburg, IL 60173 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Home Towne Electric Inc. 35220 Route 83 Lake Villa, IL 60046 INSURER A: Illinois National Insurance Company X INSURER B: LIABILITY COMMERCIAL GENERAL LIABILITY INSURER C: 8/23/2007 INSURER D: EACH OCCURRENCE INSURER E: 1,000,000 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADD 'L NSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE(MMIDD(YY) POLICY EXPIRATION DATE IMMIDDIYYI LIMITS XSOOMMODBet A X GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY GL4807155 8/23/2007 8/23/2008 EACH OCCURRENCE $ 1,000,000 DAMAGE f0 RENTED PREMISES (Ea occurence) $ 300,000 i CLAIMS MADE X OCCUR MED EXP (Anyone person) $ 10,000 PERSONAL ADV INJURY $ 1.000,000 GENERAL AGGREGATE $ 2,000,000 GENII 7 AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 2,000,000 POLICY X PRO- JECT LOC A AUTOMOBILE X UABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS AL4806647 8/23/2007 8/23/2008 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ X X BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) $ GARAGE UABILITY ANY AUTO AUTO ONLY - EA ACCIDENT 5 OTHER THAN EA ACC $ AUTO ONLY: AGG $ A EXCESS X /UMBRELLA LIABILITY BE2503400 8/23/2007 8/23/2008 EACH OCCURRENCE $ 8,000,000 I OCCUR CLAIMS MADE AGGREGATE $ 8,000,000 _— DEDUCTIBLE RETENTION $ 10,000 $ $ [X $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS be/ow WC1590915 8/23/2007 8/23/2008 X TORY LIMITS I LIM TH WR T O ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS 1 LOCATIONS /VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS See attached page. CERTIFICATE HOLDER CANCELLATION Village of Lemont 418 Main Street Lemont, I L 60439- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE DATE THEREOF, THE ISSUING INSURER WILLXMAROtb MAIL 30 THE EXPIRATION DAYS WRITTEN L NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, • . / . . t- 1 XSOOMMODBet AUTHORIZED REPRESENTATIVE __ % ACORD 25 (2001/08) © ACORD CORPORATION 1988 HOMETOW -01 BEAL PAGE 1 OF 1 DESCRIPTION OF OPERATIONS - Home Towne Electric Inc. 35220 Route 83 Lake Villa, IL 60046 Village of Lemont 1 418 Main Street Lemont, IL 60439- * *REVISED ** RE: River Street and Front Street Improvements - Phase I1, Roadway & Landscape Work Village of Lemont HTE Job # 071261 It is agreed that the following are added as Additional Insured on the General Liability on a Primary and Non - Contributory basis as respects to operations performed by the Named Insured in connection with this project: 1.) Village of Lemont, its officials, employees and volunteers 2.) Frank Novotny & Associates, Inc., its agents and employees 3.) URS, Corp, its agents and employees 4.) Pickus Construction & Equipment Co., Inc. A Waiver of Subrogation applies in favor of the above listed additional insureds on the Workers Compensation for this specific project.