R-1404 - 10/14/2014 - STREETS - Resolutions RESOLUTION 2014-ST-PP-CNTRCT-R-1404
A RESOLUTION APPROVING AND AUTHORIZING THE AWARD AND EXECUTION OF A
CONTRACT WITH PRECISION PAVEMENT MARKINGS, INC. FOR PAVEMENT MARKING
WHEREAS, the Village desires to install pavement markings on 16th Street, Harger Road, Spring
Road, and Timber Edge Drive ("Services"); and
WHEREAS, on September 17, 2014, the Village solicited bids to award a contract to a firm to
provide the Village the Services; and
WHEREAS, the Village received 2 bids to provide the Services; and
WHEREAS, Precision Pavement Marking, Inc. of Elgin, Illinois ("Precision") was the lowest
responsive and responsible bidder to provide the Services in an amount not to exceed $62,850.00; and
WHEREAS, the President and Board of Trustees have determined that it is in the best interests of
the Village to award a contract to Precision in substantially the form attached hereto as Exhibit A
("Agreement") for Precision to provide the Services;
NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: Recitals. The foregoing recitals are hereby incorporated into, and made a part
of, this Resolution as the findings of the President and Board of Trustees of the Village of Oak Brook.
Section 2: Award of Contract. The purchase of Services from Precision to provide the
Services in a total amount not to exceed $62,850.00 shall be, and is hereby, approved.
Section 3: Authorization and Execution of Agreements. The Village President and Village
Clerk shall be, and hereby are, authorized to execute the Agreement in substantially the same form as
attached hereto as Exhibit A after receipt of the final Agreement fully executed by Precision.
Section 4: Effective Date. This Resolution shall be in full force and effect upon passage and
approval in the manner provided by law.
[SIGNATURE PAGE FOLLOWS]
Resolution 2014-ST-PP-CNTRCT-R-1404
Award of Contract for Pavement Marking
Page 2 of 3
APPROVED THIS 14th day of October, 2014.
4
Gopal G. Lalmalani
Village President
PASSED THIS 9th day of October, 2014.
Ayes: Trustees Baar, Manzo, Moy,Wolin, Yusuf
Nays: None
Absent: Trustee Adler
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EXHIBIT A
CONTRACT
oF 0,4k
;, Village of Oak Brook
a 2014 Pavement Marking Project
04,, Bid Bid Packa e
CQUN'o,
September, 2014
Table of Contents
Section
A. Notice to Bidders
B. Bid
C. Instructions to Bidders
D. Specifications
E. Special Conditions
F. Statement of Bidder's Qualifications
G. References
H. Bid Certification
Contract
J. Contract Bond
J:\WORDDOC\BID PACKAGES\2014 Bid Packages\2014 Pavement Marking.doc
9/17/2014 4:05:00 PM
Section A Notice to Bidders
September 15, 2014
The Daily Herald
P.O. Box 280
Arlington Heights, IL 60006
FAX 847-427-1146
Dear Ms. Bratanick:
Please publish the following legal notice on September 17, 2014:
NOTICE TO BIDDERS
VILLAGE OF OAK BROOK
The Village of Oak Brook will receive bids for:
2014 Pavement Marking Project
Sealed bids will be received by Rania Serences, Senior Purchasing Assistant, Village of
Oak Brook, 1200 Oak Brook Road, Oak Brook, IL 60523 until 1:30 P.M., Tuesday,
September 30, 2014, prevailing time, and publicly opened in the Samuel E. Dean Board
Room at that time.
Each bid shall be accompanied by a bank cashier's check, certified check (checks made
payable to the Village of Oak Brook) or bid bond for not less than ten percent (10%) of the
amount bid.
A complete bid package, of which this legal notice is a part, can be picked up at the Butler
Government Center, 1200 Oak Brook Road, Oak Brook, Illinois 60523, between the
hours of 8 A.M. and 4:30 P.M. Monday through Friday or can be downloaded from the
Village website at www.oak-brook.org. There is no charge for the package.
No bid shall be withdrawn after opening of bids without the consent of the Village of Oak
Brook for a period of forty five (45) days after the scheduled time of opening bids.
The Village of Oak Brook reserves the right to reject any or all bids and to waive any
informalities in bidding and to accept the bid deemed most advantageous to it.
Charlotte Pruss
Village Clerk
Section B Bid
2014 Pavement Marking Project
1. COST OF WORK:
The undersigned, acting for and on behalf of contractor and having familiarized
himself with conditions affecting the cost of the work and its performance and
having carefully examined and fully understood the entire bid package, hereby
affirms and agrees to enter into a contract with the Village of Oak Brook, Oak
Brook, IL.
To provide all supervision, labor, material, equipment and all other expense items
to completely perform the work covered by the specifications in this Bid Package.
Estimated Unit
Item Unit Quantity Price Extended
Thermoplastic Pavement
Marking — Letters and (,
Symbols SF 2,000 5.00 lO,t'00•DO
Thermoplastic Pavement
Marking — Line 4" LF 45,000 0 . D a 310,000.CO
Thermoplastic Pavement
Marking — Line 6" LF 8,000 1, 2__D %ODD
Thermoplastic Pavement
Marking— Line 8" LF 1,000 7--. 5 1,1 5O. DO
Thermoplastic Pavement
Marking— Line 12" LF 1,000 2- -5O 2.00.00
Thermoplastic Pavement
Marking— Line 24" LF 500 .OD t 3®00.Ob
(All pavement marking removal, per IDOT requirements, is incidental to this contract.)
All of the above items, complete, in place, as specified for the total amount of:
$ S b( L ittn The nct E106\11+itkUnSbral Dollars 7 e-rc) Cents
Page 1
2. COSTS:
The undersigned contractor hereby affirms and states the prices quoted herein
constitute the total cost to the Village for all work involved in the respective items
and that this cost also includes all insurance, royalties, transportation charges, use
of all tools and equipment, superintendence, overhead expense, all profits and all
other work, services and conditions necessarily involved in the work to be done
and materials to be furnished in accordance with the requirements of the contract
documents considered severally and collectively. All bids shall be held valid for a
period of forty-five (45) days after the bid due date.
3. PRE-BID MEETING:
None.
4. INSTRUCTIONS TO BIDDERS:
The undersigned contractor shall comply with all provisions and requirements of
this Bid Package.
5. TIME OF COMPLETION:
The undersigned affirms and declares that if awarded the contract for this work he
will completely perform said contract in strict accordance with its terms and
conditions by Friday, November 14, 2014, with work commencing by
November 3, 2014 at the latest (and preferably a week earlier), unless additional
time shall be granted by the Village in accordance with the provisions of the
specifications. The contractor shall note that the Village Board meeting for
awarding the contract is not until October 14, 2014. Should the contractor fail to
complete the work by said date or within such extended time as may have been
allowed, the contractor shall be liable to the Village in the amount set forth in the
specifications.
6. BID GUARANTEE:
Accompanying this bid is a bid bond, or bank cashier's check or certified check for
not less than ten percent (10%) of the amount of the Base Bid made payable to
the Village of Oak Brook. The amount of the bid bond or check is
($ ). If this bid is
accepted and the undersigned shall fail to execute a contract and the contract
bond, provide acceptable Certificates of Insurance, and provide an acceptable
Progress Schedule as required herein, it is hereby agreed that the amount of the
bid bond or check shall become the property of the Village and shall be considered
as payment of damages due to delay and other causes suffered by the Village
because of the failure to execute said contract, contract bond, acceptable
Page 2
Certificate of Insurance and Progress Schedule; otherwise said bid bond or check
shall be returned to the undersigned.
Attach bid bond, bank cashier's check or certified check here.
In the event that one bid bond or one check is intended to cover two or more bids,
the amount must equal the sum of the proposal guarantees of the individual
sections covered.
The bid guarantees of all except the 2 lowest responsible bidders shall be returned
after the President and the Board of Trustees of the Village of Oak Brook award
the contract.
The bid guarantees of the 2 lowest responsible bidders shall be returned after a
contract, contract bond, acceptable certificate of insurance, and an acceptable
progress schedule have been received from the successful bidder and approved
by the Village of Oak Brook.
The bid guarantee of all bidders shall be returned in the event that the President
and Board of Trustees of the Village of Oak Brook reject all bids.
Page 3
BID BOND AMCO Insurance Company
Nationwide Mutual Insurance Company
Allied Property& Casualty Insurance Company
1100 Locust St.,Dept 2006 Des Moines,IA 50391-2006
(866)387-0457
CONTRACTOR: SURETY:
Precision Pavement Markings, Inc. AMCO Insurance Company
P.O. Box 705 1100 Locust St., Dept. 2006
Elgin, IL 60121 Des Moines, IA 50391-2006
OWNER:
Village of Oakbrook
1200 Oak Brook Road
Oak Brook, IL 60523
BOND AMOUNT: 10% Ten Percent of the bid amount
PROJECT:
Village of Oakbrook
2014 Pavement Marking Program
The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor
and Surety bind themselves,their heirs,executors,administrators,successors and assigns,jointly and severally,as provided
herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in
the bid documents,or within such time period as may be agreed to by the Owner and Contractor,and the Contractor either
(1)enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be
specified in the bidding or Contract Documents,with a surety admitted in the jurisdiction of the Project and otherwise
acceptable to the Owner,for the faithful performance of such Contract and for the prompt payment of labor and material
furnished in the prosecution thereof: or(2)pays to the Owner the difference,not to exceed the amount of this Bond,
between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with
another party to perform the work covered by said bid,then this obligation shall be null and void,otherwise to remain in
full force and effect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend
the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding
sixty(60)days in aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and
Contractor shall obtain the Surety's consent for an extension beyond sixty(60)days.
If this Bond is issued in connection with a subcontractor's bid to a Contractor,the term Contractor in this Bond shall be
deemed to be a Subcontractor and the term Owner shall be deemed to be Contractor.
When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project,any
provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions
conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished,the intent
is that this bond shall be construed as a statutory bond and not as a common law bond.
Signed and sealed this 29th day of September 2014
Precision Pavement Markings, Inc.A cto(Princi al) (Seal)
(Witness)
� p�i. Salazarr�
(Title)
AMCO Insurance Company s;:cowwne ';
(S - ,.--� (Seal) �, -��,:E:pi•A
(Witness)
( ) Jennifer D . Allard , Attorney-in-Fact
This document conforms to American Institute of Architects Document A310,2010 edition
Power of Attorney
KNOW ALL MEN BY THESE PRESENTS THAT:
Nationwide Mutual Insurance Company,an Ohio corporation AMCO Insurance Company,an Iowa corporation
Farmland Mutual Insurance Company,an Iowa corporation Allied Property and Casualty Insurance Company,an Iowa corporation
Nationwide Agribusiness Insurance Company,an Iowa corporation Depositors Insurance Company,an Iowa corporation
hereinafter referred to severally as the"Company"and collectively as the"Companies,"each does hereby make,constitute and appoint:
Brett Lundstrom, Craig Flynn, Jennifer Allard, Susan Onori
each in their individual capacity,its true and lawful attorney-in-fact,with full power and authority to sign,seal,and execute on its behalf any and all bonds and undertakings,
and other obligatory instruments of similar nature,in penalties not exceeding the sum of
One Million Dollars and No/100 $1,000,000.00
and to bind the Company thereby,as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company;and all acts of said
Attorney pursuant to the authority given are hereby ratified and confirmed.
This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company:
"RESOLVED,that the president,or any vice president be,and each hereby is,authorized and empowered to appoint attorneys-in-fact of the Company,and to authorize
them to execute and deliver on behalf of the Company any and all bonds,forms,applications,memorandums,undertakings,recognizances,transfers,contracts of
indemnity,policies,contracts guaranteeing the fidelity of persons holding positions of public or private trust,and other writings obligatory in nature that the business of
the Company may require;and to modify or revoke,with or without cause,any such appointment or authority;provided,however,that the authority granted hereby shall
in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company."
"RESOLVED FURTHER,that such attorneys-in-fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company
subject to the terms and limitations of the power of attorney issued to them,and to affix the seal of the Company thereto;provided,however,that said seal shall not be
necessary for the validity of any such documents."
This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company.
Execution of Instruments. Any vice president,any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved
documents,instruments,contracts,or other papers in connection with the operation of the business of the company in addition to the chairman of the board,the chief
executive officer,president,treasurer or secretary;provided,however,the signature of any of them may be printed,engraved,or stamped on any approved document,
contract,instrument,or other papers of the Company.
IN WITNESS WHEREOF,the Company has caused this instrument to be sealed and duly attested by the signature of its officer the
13"' day of February,2014. '✓��
I�:• �1 �s�•. w,1 Terrance Williams,President and Chief Operating Officer of Nationwide Agribusiness Insurance Company
.' ' wwwur `•. 1
/ �/ / and Farmland Mutual Insurance Company;and Vice President of Nationwide Mutual Insurance Company,
/:SEAL:;$ /,:SEAL;, AMCO Insurance Company, Allied Property and Casualty Insurance Company,and Depositors Insurance•• 4HrvUZ R Y
. ` `a.•, '. Company
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ACKNOWLEDGMENT
� " ":..9N` 4WD?! .,./?<,,p� STATE OF IOWA,COUNTY OF POLK: ss•L O to , /O.'• ..?y,
/l: .. � /4. own,/ s� On this 13`"day of February,2014 before me came the above-named officer for the Companies aforesaid,to
SEAL;, /:SEAL. me personally known to be the officer described in and who executed the preceding instrument, and he
e $ . acknowledged the execution of the same,and being by me duly sworn,deposes and says,that he is the officer
hir =4' 4(.*ivoiiii: 4' of the Companies aforesaid,that the seals affixed hereto are the corporate seals of said Companies,and the
110/01" 'said corporate seals and his signature were duly affixed and subscribed to said instrument by the authority and
4810•1111■ direction of said Companies. J�
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/_. •�/ i ? / Notarial Seal—Iowa
0ilSEAL;% SEAL;° Commission Number 152785
♦ :•, '+/ My Commission Expires March,24,2017 Notary Public
a�•....`fps , irii....ieI My Commission Expires
,■>♦'��� �r�►� CERTIFICATE March 24,2017
I, Robert W Horner III,Secretary of the Companies,do hereby certify that the foregoing is a full,true and correct copy of the original power of attorney issued by the
Company;that the resolution included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has not been revoked
or amended in any manner;that said Terrance Williams was on the date of the execution of the foregoing power of attorney the duly elected officer of the Companies,and
the corporate seals and his signature as officer were duly affixed and subscribed to the said instrument by the authority of said board of directors;and the foregoing power of
attorney is still in full force and effect.
IN WI NESS WHEREOF,I have hereunto subscribed my name as Secretary,and affixed the corporate seals of said Companies this �� day
o .>/$lii, If— 201 . FL--,, >
Secretary
This Power of Attorney Expires March 24,2017
BDJ 1(03-14)00
(72rn Firm Name: 11 ����� GAle,w/o MokAiAilTty\C -
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City, State, ZIP: on v`- LP d al
Signature: 144i ``l',—
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Page 4
Section C Instructions to Bidders
1. RECEIPT OF BID: Tuesday the 30th day, September, 2014, 1:30 P.M.
2. BASIS OF BID: Sealed bids will be received until the above noted time and date.
3. BID DESCRIPTION: 2014 Pavement Marking Project. The proposed project herein
specified and described consists of pavement markings on asphalt streets in the
northeast part of the Village. Specifically, the streets are 16th Street, Harger Road,
Spring Road (north of Commerce Drive) and Timber Edge Drive (frontage road
south of Roosevelt Road).
4. PREPARATION AND SUBMISSION OF BIDS:
A. The bid must be delivered to the office of the Purchasing Director, Village of
Oak Brook, 1200 Oak Brook Road, Oak Brook, IL 60523 on or before
Tuesday, at 1:30 P.M., prevailing time, September 30, 2014, at which time
it will be publicly opened and read in the S. E. Dean Board Room of the
Village Hall. Bids received after this time will not be considered and will be
returned unopened.
B. Each bid shall be submitted on the exact form furnished. All blank spaces for
bid prices, unit costs and alternates must be filled in--in ink--in both words and
figures (as stipulated). In case of any discrepancy in the amount bid, the
prices expressed in written words shall govern. Bids which are noticeably
unbalanced may be voided at the sole discretion of the Village. Each bid must
be accompanied by a bank cashier's check, bid bond, or certified check in the
amount of 10% of the bid (checks made payable to the Village of Oak Brook).
C.. Each bidder must complete, execute and submit with its bid a certification that
contractor is not barred from public contracting due to bid-rigging or bid
rotating convictions on the form included with the bidding documents.
D.. Each bidder must submit a complete bid package, including the
following items:
1. Bid.
2. Bid Bond, or other Bid Security as required.
3. References
4. Statement of Bidder's Qualifications.
5. Bid Certification.
6. Contract (Signed)
Page 1
E. The Contract Bond (Performance and Payment) is provided as information,
and will be completed by the successful bidder only upon acceptance of the
bid by the Village. The surety company issuing the Contract Bond must be
listed and approved by the U.S. Department of the Treasury. Letters of Credit
will not be accepted in place of the Contract Bond.
F. The bid shall be submitted in an opaque sealed envelope on or before the
time stated and shall bear the name of the individual, firm, or corporation
submitting the Bid and the Bid Name - "2014 Pavement Marking Project"
G. Bidders may attach separate sheets to the bid for the purpose of explanation,
exception, alternate bid and to cover unit prices, if needed.
H. Bidders may withdraw their bid either personally or by written request at any
time before the hour set for the bid opening, and may resubmit it. No bid may
be withdrawn or modified after the bid opening except where the award of
contract has been delayed for a period of more than forty-five (45) days.
I. In submitting this bid, the bidder further declares that the only person or party
interested in the proposal as principals are those named herein; and that the
bid is made without collusion with any other person, firm or corporation.
J. The bidder further declares that he has carefully examined this entire Bid
Package, and he has familiarized himself with all of the local conditions
affecting the contract and the detailed requirements of this work and
understands that in making the bid he waives all rights to plead a
misunderstanding regarding same.
K. The bidder further understands and agrees that if his bid is accepted, he is to
furnish and provide all necessary machinery, tools, apparatus, and other
means to do all of the work and to furnish all of the materials specified in the
contract, except such materials as are to be furnished by the owner (Village),
in the manner and at the time therein prescribed, and in accordance with the
requirements therein set forth.
L. The bidder further agrees that if the Village decides to extend or shorten the
work, or otherwise alter it by extras or deductions, including elimination of one
or more of the items, as provided in the specifications, he will perform the
work as altered, increased or decreased.
M. The bidder further agrees that the Village representative may at any time
during the progress of the work covered by this Contract, order other work or
materials incidental thereto and that all such work and materials as do not
appear in the bid or contract as a specific item covered by a lump sum price,
and which are not included under the bid price for other items in the Contract,
shall be performed as extra work.
Page 2
N. The bidder further agrees to execute all documents within this Bid Package,
obtain a Certificate of Insurance for this work and present all of these
documents within fifteen (15) days after receipt of the Notice of Award to the
Village .
0. The bidder further agrees that the Village representative may at any time
during the progress of the work covered by this Contract, order other work or
materials incidental thereto and that all such work and materials as do not
appear in the bid or contract as a specific item covered by a lump sum price,
and which are not included under the bid price for other items in the Contract,
shall be performed as extra work, and compensation shall be as set forth in
the specifications.
P. The bidder further agrees that he and his surety will execute and present
within fifteen (15) days after the receipt of the Notice of Award and the
Contract, a Contract bond satisfactory to and in the form prescribed by the
Village, in the penal amount of 100% of the Contract amount, guaranteeing
the faithful performance of the work and payment for labor, materials.
apparatus, fixtures, machinery, and subcontractors in accordance with the
terms of the Contract.
Q. The bidder further agrees to begin work not later than ten (10) days after
receipt of the Notice to Proceed, unless otherwise provided, and to execute
the work in such a manner and with sufficient materials, equipment and labor
as will insure its completion within the time limit specified within the bid, it
being understood and agreed that the completion within the time limit is an
essential part of the contract.
R. By submitting a bid, the bidder understands and agrees that, if his bid is
accepted, and he fails to enter into a contract forthwith, he shall be liable to
the Village for any damages the Village may thereby suffer.
S. No bid will be considered unless the party offering it shall furnish evidence
satisfactory to the Village that he has necessary facilities, ability and pecuniary
resources to fulfill the conditions of the Contract.
T. If any person contemplating submitting a bid for the proposed contract is in
doubt as to the true meaning Of any part of the plans, specifications or other
proposed contract documents, he may submit to the Village Engineer a
written request for an interpretation thereof. The person submitting the
request will be responsible for its prompt delivery. Any interpretation of the
documents will be made only by addendum duly issued by the Village, and a
copy of such addendum will be delivered to each person receiving a set of
such documents. The Village will not be responsible for any other explanation
or interpretation of the Bid Package.
Page 3
5. SUBSTITUTIONS:
N/A
6. CONDITIONS:
A. The Village is exempt from Federal excise tax (#36-600-9534)and the Illinois
Retailer's Occupation Tax (#E9997-4381-06). This bid cannot include any
amounts of money for these taxes.
B. To be valid, the bids shall be itemized so that selection for purchase may be
made, there being included in the price of each unit the cost of delivery (FOB
Destination).
C. The Village shall reserve the right to add or to deduct from the base bid and/or
alternate bid any item at the prices indicated in itemization of the bid.
D. All bids shall be good for forty five (45) days from the date of the bid opening.
7. BASIS OF AWARD:
The Village of Oak Brook reserves the right to reject any or all bids and to waive any
informality or technical error and to accept any bid deemed most favorable to the
interests of the Village of Oak Brook. In addition to price, the Village will consider:
A. Ability, capacity and skill to fulfill the contract as specified.
B. Ability to supply the commodities, provide the services or complete the
construction promptly, or within the time specified, without delay or
interference.
C. Character, integrity, reputation, judgment, experience and efficiency.
D. Quality of performance on previous contracts.
E. Previous and existing compliance with laws and ordinances relating to the
contract.
F. Sufficiency of financial resources.
G. Quality, availability and adaptability of the commodities, services or
construction, in relation to the Village's requirements.
H. Ability to provide future maintenance and service under the contract.
Page 4
Number and scope of conditions attached to the bid/proposal.
J. Record of payments for taxes, licenses or other monies due the Village.
8. GUARANTEE:
Contractor (successful bidder) will guarantee all work for a period of one (1) year
against faulty material and/or workmanship. Consequently, the contractor's
Contract Bond will extend to one (1) year past the date of final acceptance of the
entire work by the President and Board of Trustees of the Village. If any defect
appears within the one (1) year guarantee period, the contractor will repair any and
all such defects solely at his cost and at no cost to the Village.
9. PAYMENT:
The Village of Oak Brook authorizes the payment of invoices on the second and
fourth Tuesday of the month (except for the 4th Tuesdays of June, August, and
November for significant amounts due to no Village Board meetings). For
consideration on one of these dates, payment request must be received no later
than fourteen (14) days prior to the second or fourth Tuesday of the month. All
payment requests shall be in accordance with the applicable portions of the
specifications (see Section D of this Bid Package)
10. INDEMNIFICATION:
The Contractor shall protect,indemnify, save, defend and hold forever harmless the
Village and/or its officers, officials, employees, volunteers and agents from and
against all liabilities, obligations, claims, damages, penalties, causes of action, costs
and expenses, including without limitation court costs, insurance deductibles and
attorney's fees and expenses, which the Village and/or its officers, officials,
employees, volunteers and agents may incur, suffer or sustain, or for which the
Village and/or its officers, officials, employees, volunteers and agents may become
obligated by reason for any accident, injury to or death of persons or loss of or
damage to property, or civil and/or constitutional infringement of rights (specifically
including violations of the Federal Civil Right Statutes), arising indirectly or directly in
connection with or under, or as a result of, this or any Agreement by virtue of any
act or omission of any of the Contractor's officers, employees, subcontractors,
and/or agents, provided that the Contractor shall not be liable for claims,
obligations, damages, penalties, causes of action, costs and expenses arising
solely by any act or omission of the Village's officers, officials, employees,
volunteers and/or agents.
The contractor shall hold the Village harmless for any and all claims for labor,
material, apparatus, equipment, fixtures or machinery furnished to the contractor for
the purpose of performing the work under the contract; and the payment of all,direct
and indirect damages to any person, firm, company or corporation suffered or
Page 5
sustained on account of the performance of such work during the time the contract
is in force.
11. INSURANCE:
Certificates of Insurance and Additional Insured Endorsement shall be presented to
the Village within fifteen (15) days after the receipt by the contractor of the Notice of
Award and the unexecuted contract, it being understood and agreed that the Village
will not approve and execute the contract nor will the bid guarantee be returned until
acceptable insurance certificates are received and approved by the Village.
Each contractor performing any work pursuant to a contract with the Village of Oak
Brook and each permittee working under a permit as required pursuant to the
provisions of Title 1, Chapter 8 of the Code of Ordinances of the Village of Oak
Brook (hereinafter referred to as "Insured") shall be required to carry such insurance
as specified herein. Such contractor and permittee shall procure and maintain for
the duration of the contract or permit insurance against claims for injuries to persons
or damages to property which may arise from or in connection with the performance
of the work under the contract or permit, either by the contractor, permittee, or their
agents, representatives, employees or subcontractors.
A contractor or permittee shall maintain insurance with limits no less than:
A. General Liability - $2,000,000 combined single limit per occurrence for bodily
injury, personal injury and property damage, provided that when the estimated
cost of the work in question does not exceed $25,000, the required limit shall
be $1,000,000;
B. Automobile Liability (if applicable) - $1,000,000 combined single limit per
accident for bodily injury and property damage;
C. Worker's Compensation and Employer's Liability - Worker's Compensation
limits as required by the Labor Code of the State of Illinois and Employer's
Liability limits of $1,000,000 per accident.
Any deductibles or self-insured retention must be declared to and approved by the
Village. At the option of the Village, either the insurer shall reduce or eliminate such
deductible or self-insured retention as respects the Village, its officers, officials,
employees and volunteers; or the Insured shall procure a bond guaranteeing
payment of losses and related investigations, claim administration and defense
expenses to the extent of such deductible or self-insured retention.
The policies shall contain, or be endorsed to contain, the following provisions:
D. General Liability and Automobile Liability Coverage -
Page 6
(1) The Village, its officers, officials, employees and volunteers are to be
covered as additional insureds as respects: liability arising out of
activities performed by or on behalf of the Insured; premises owned,
occupied or used by the Insured. The coverage shall contain no special
limitations on the scope of protection afforded to the Village, its officers,
officials, employees volunteers or agents.
(2) The Insured's insurance coverage shall be primary insurance as
respects the Village, its officers, officials, employees, volunteers and
agents. Any insurance or self-insurance maintained by the Village, its
officers, officials, employees, volunteers or agents shall be in excess of
the Insured's insurance and shall not contribute with it.
(3) Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to the Village, its officers, officials, employees,
volunteers or agents.
(4) The Insured's insurance shall apply separately to each covered party
against whom claim is made or suit is brought except with respect to the
limits of the insurer's liability.
E. Worker's Compensation and Employer's Liability Coverage
The policy shall waive all rights of subrogation against the Village, its
officers, officials, employees, volunteers and agents for losses arising
from work performed by the insured for the Village.
Each insurance policy shall be endorsed to state that coverage shall not be
suspended, voided, canceled by either party, reduced in coverage or in limits
except after thirty (30) days prior written notice by certified mail has been given to
the Village. Each insurance policy shall name the Village, its officers, officials and
employees, volunteers and agents as additional Insureds. Insurance is to be
placed with insurers with a Best's rating of no less than A: VII.
Each Insured shall furnish the Village with certificates of insurance and with
original endorsements effecting coverage required by this provision. The
certificate and endorsements for each insurance policy are to be signed by a
person authorized by that insurer to bind coverage on its behalf. The certificates
and endorsements are to be on forms approved by the Village, see Section C of
this Bid Package, and shall be subject to approval by the Village Attorney before
work commences. The Village reserves the right to require complete, certified
copies of all required insurance policies, at anytime.
Each insured shall include all subcontractors as insureds under its policies or shall
furnish separate certificates and endorsements for each subcontractor.. All
Page 7
coverages for subcontractors shall be subject to all of the requirements stated
herein.
12 SAFETY:
The contractor and any subcontractors shall comply with all the provisions of the
Federal Occupational Safety and Health Act of 1970 (84 Stat. 1590), as amended.
13 EQUAL OPPORTUNITY:
The CONTRACTOR will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, ancestry, national origin, place of
birth, age or handicap unrelated to bona fide occupational qualifications.
14. EMPLOYMENT OF ILLINOIS WORKERS DURING PERIODS OF EXCESSIVE
UNEMPLOYMENT:
The Contractor shall comply with all Illinois statutes pertaining to the selection of
labor.
Whenever there is a period of excessive unemployment in Illinois, which is defined
herein as any month immediately following 2 consecutive calendar months during
which the level of unemployment in the State of Illinois has exceeded 5 percent as
measured by the United States Bureau of Labor Statistics in its monthly publication
of employment and unemployment figures, the Contractor shall employ only Illinois
laborers. "Illinois laborer" means any person who has resided in Illinois for at least
30 days and intends to become or remain an Illinois resident.
Other laborers may be used when Illinois laborers as defined herein are not
available, or are incapable of performing the particular type of work involved, if so
certified by the Contractor and approved by the Municipality. The Contractor may
place no more than 3 of his regularly employed non-resident executive and
technical experts, who do not qualify as Illinois laborers, to do work encompassed
by this Contract during a period of excessive unemployment.
This provision applies to all labor, whether skilled, semi-skilled or unskilled,
whether manual or non-manual.
15. EXECUTION OF DOCUMENTS
The Contractor, in signing his Bid on the whole or on any portion of the work, shall
conform to the following requirements:
Bids signed by an individual other than the individual represented in the Bid
documents shall have attached thereto a power of attorney evidencing authority to
sign the Bid in the name of the person for whom it is signed.
Page 8
Bids which are signed for a partnership shall be signed by all of the partners or by
an attorney-in-fact. If signed by an attorney-in-fact, there shall be attached to the
Bid a power of attorney evidencing authority to sign the bid, executed by the
partners.
Bids which are signed for a corporation, shall have the correct corporate name
thereof and the signature of the President or other authorized officer of the
corporation manually written below the corporate name.
If such Bid is manually signed by an official other than the President of the
Corporation, a certified copy of a resolution of the board of directors evidencing the
authority of such official to sign the Bid should be attached to it. Such Bid shall
also bear the attesting signature of the Secretary of the corporation and the
impression of the corporate seal.
The Contract shall be deemed as have been awarded when formal notice of award
shall have been duly served upon the intended awardee.
16. NON-DISCRIMINATING:
The Vendor, its employees and subcontractors, agrees not to commit unlawful
discrimination and agrees to comply with applicable provisions of the Illinois
Human Rights Act, the U.S. Civil Rights Act and Section 504 of the Federal
Rehabilitation Act, and rules applicable to each.
17. PREVAILING RATE OF WAGES:
All wages paid by the Contractor and each subcontractor shall be in compliance
with The Prevailing Wage Act (820 ILCS 130), as amended, except where a
prevailing wage violates a federal law, order, or ruling, the rate conforming to the
federal law, order, or ruling shall govern. The Contractor shall be responsible to
notify each subcontractor of the wage rates set forth in this contract and any
revisions thereto. If the Department of Labor revises the wage rates, the revised
rate as provided by the public body shall apply to this contract and the Contractor
will not be allowed additional compensation on account of said revisions.
Contractor will comply with the Illinois prevailing wage law, as amended from time
to time. Not less than the prevailing"rate of wages as found by Owner or the Illinois
Department of Labor shall be paid to all laborers, workers and mechanics
performing work under the Contract. If the Department of Labor revises the
prevailing rate of wages to be paid laborers, workers or mechanics under the
Contract, Owner will notify Contractor and each Subcontractor of the change in the
prevailing rate of wages; provided, however, regardless of whether Owner gives
such notice, the revised prevailing rate of wages shall apply to the Contract and
Contractor shall have the sole responsibility and duty to pay, and ensure that all
Page 9
Subcontractors pay, the revised prevailing rate of wages to each person to whom a
revised rate is applicable. Revision of the prevailing wages shall not result in an
increase in the Contract sum or other cost to Owner. Contractor shall indemnify,
defend and hold Owner harmless from any loss, including but not limited to
Owner's attorneys fees, resulting from Contractor's failure to comply with this
prevailing wage clause. All bonds applicable to the Contract shall include a
provision as will guarantee the faithful performance of the obligation to pay the
prevailing rate of wages.
The Contractor and each subcontractor shall make and keep, for a period of not
less than 3 years, records of all laborers, mechanics, and other workers
employed by them on the project; the records shall include each worker's name,
address, telephone number when available, social security number, classification
or classifications, the hourly wages paid in each period, the number of hours
worked each day, and the starting and ending times of work each day. The
Contractor and each subcontractor shall submit monthly, in person, by mail, or
electronically a certified payroll to the public body in charge of the project. The
certified payroll shall consist of a complete copy of the records. The certified.
payroll shall be accompanied by a statement signed by the contractor or
subcontractor which states that:
(i) such records are true and accurate;
(ii) the hourly rate paid to each worker is not less than the general prevailing
rate of hourly wages required; and
(iii) the contractor or subcontractor is aware that filing a certified payroll that
he or she knows to be false is a Class B misdemeanor.
Upon 2 business days' notice, the contractor and each subcontractor shall make
available for inspection the records to the public body in charge of the project, its
officers and agents, and to the Director of Labor and his deputies and agents at
all reasonable hours at a location within this State. The Contractor and each
subcontractor shall permit his/her employees to be interviewed on the job, during
working hours, by compliance investigators of the Department or the Department
of Labor.
18. COPIES OF DOCUMENTS
The number of copies of Contract required to be executed is as follows:
a)Three (3) original counterparts of the Contract documents will be required
to be executed.
19. INDEPENDENT CONTRACTOR:
There is no employee/employer relationship between the CONTRACTOR and
the VILLAGE. CONTRACTOR is an independent contractor and not the
Page 10
VILLAGE'S employee for all purposes, including, but not limited to, the
application of the Fair Labors Standards Act minimum wage and overtime
payments, Federal Insurance Contribution Act, the Social Security Act, the
Federal Unemployment Tax Act, the Worker's Compensation Act (820 ILCS
305/1, et seq.). The VILLAGE will not (i) provide any form of insurance
coverage, including but not limited to health, worker's compensation,
professional liability insurance, or other employee benefits, or (ii) deduct any
taxes or related items from the monies paid to CONTRACTOR. The
performance of the services described herein shall not be construed as creating
any joint employment relationship between the CONTRACTOR and the
VILLAGE, and the VILLAGE is not and will not be liable for any obligations
incurred by the CONTRACTOR, including but not limited to unpaid minimum
wages and/or overtime premiums, nor does there exist an agency relationship or
partnership between the VILLAGE and the CONTRACTOR.
20. ASSIGNMENT
Neither the VILLAGE nor the CONTRACTOR shall assign or transfer any rights
or obligations under this Agreement without the prior written consent of the other
party, which consent shall not be unreasonably withheld.
21. GOVERNING LAW
This Agreement shall be governed by the laws of the State of Illinois as to
interpretation, performance and enforcement. The forum for resolving any
disputes concerning the parties' respective performance or failure to perform
under this Agreement shall be the Circuit Court for the Eighteenth Judicial
Circuit, DuPage County, Illinois.
Page 11
Section D Specifications
2014 Pavement Marking Project
The following Specifications and other provisions together with Special Provisions, and
all provisions contained in this Bid Package, shall govern the construction of the
proposed improvement and are a part of the Contract.
A. "Standard Specifications for Road and Bridge Construction", adopted
January 1st, 2007, published by the Illinois Department of Transportation
(IDOT) along with the latest revision of related "Errata".
B. "Supplemental Specifications and Recurring Special Provisions", adopted
January 1st, 2012, published by IDOT.
C. "Bureau of Local Roads and Streets, Special Provisions and Specifications",
published by IDOT.
D. "Interim Special Provisions", adopted subsequent to issuance of
Supplemental Specifications and Mimeographed Special Provisions Booklet.
E. "Manual on Uniform Traffic Control Devices for Streets and Highways",
adopted by IDOT.
F. "Standard Specifications for Traffic Control Items" latest edition.
G. Highway "Standards Manual" published by the Illinois Department of
Transportation (IDOT), latest revision.
Before submitting the proposal, bidders should read all the above mentioned
documents along with the Special Provisions and familiarize themselves with all
requirements of same. Before submitting proposals, bidders should visit the site of the
proposed work, verify all site conditions and also conditions under which said work must
be conducted. Submission of a Proposal implies that the bidder is fully conversant with
all requirements of Standard Specifications, Special Provisions, Standard Drawings,
and site conditions. No claim for additional compensation will be considered or paid
because of the Contractor's negligence or failure to be so informed.
Page 1
2014 Pavement Marking Project
Special Provisions
For Construction
The following Special Provisions supplement the previously stated specifications which
apply to and govern the construction of the improvement. In case of conflict with any
part or parts of said Specifications, the said Special Provisions shall take precedence
and shall govern.
f. 01 � ? d to be in ccord n t ES..
The bid guarantees of all except the 2 lowest responsible bidders shall
be returned after the President and the Board of Trustees of the Village
of Oak Brook award the contract.
The bid guarantees of the 2 lowest responsible bidders shall be
returned after a contract, contract bond, acceptable certificate of
insurance, and an acceptable progress schedule have been received
from the successful bidder and approved by the Village of Oak Brook.
The bid guarantee of all bidders shall be returned in the event that the
President and Board of Trustees of the Village of Oak Brook reject all
bids. All bids must be accompanied by a bid bond, certified check or
bank draft payable to the "Village of Oak Brook" or cash in an amount
equal to ten percent (10%) of the total amount of the bid.
In addition to the requirement of Article 105.01 of the Standard
Specifications the Engineer shall not assume any of the responsibilities
of the Contractor's superintendent or of Subcontractors; shall not
expedite the work for the Contractor; and shall not advise on, or issue
directions concerning aspects of construction means, methods,
techniques, sequences or procedures, or safety precautions in
connection with the work.
in addition to the requirements of Article 105.05 of the Standard
Specifications, the Contractor will be required to fully acquaint himself,
Page 2
his staff, his sub-contractors and any and all representatives of his
organization and his suppliers with the specific requirements of this
project as described by the plans, the various specifications as
referenced herein, the special provisions and the standard drawings
prior to the execution of any work.
Any questions or the need for further clarification or supplemental data
required by the Contractor shall be addressed to the Engineer before
the work is started, preferable at the pre-construction conference.
Depending on the nature of such questions or clarification required, it
shall be at the discretion of the Contractor or the Engineer to establish
such issues in writing. Claims of ignorance regarding the requirements
of the plans, specifications, special provisions and standard drawings
will be disallowed and will in no way relieve the Contractor of his
responsibility to construct the work in accordance with the provisions
cited herein. All work which does not conform to the requirements of
the contract will be considered unacceptable and subject to the
provisions of Article 105.13 of the Standard Specifications.
The provisions of Article 105.10 of the Standard Specifications shall not
apply as there is no Resident Engineer for this project.
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In addition to the provisions of Article 105.11, the Engineer shall not
assume or be required to assume any of the responsibilities of the
contractor's superintendent or the subcontractor's superintendent; the
Engineer shall not have control or be in charge of and shall not be
responsible for the means, methods, techniques, sequences or
procedures of construction, or shall not expedite the work for the
contractor; and shall not advise on or issue directions concerning
aspects of construction means, methods, techniques, sequence of
procedures or the safety, safety precautions or programs of the
construction contractor, other contractors or subcontractors performing
any of the work/service or be responsible for the failure of the
contractor or subcontractor to carry out their respective responsibilities
in accordance with the project documents or any other agreement
concerning the project. Any provision which purports to amend this
provision shall be without effect unless it contains a reference that the
content of this section 105.11 is expressly amended for the purposes
described in such amendment and is signed by the Engineer.
Page 3
The provisions of Article 105.13 of the Standard Specifications have
been modified as follows: The entire work shall be treated as a whole
and complete project with final acceptance of the entire work only given
by the President and Board of Trustees of the Village of Oak Brook, not
the Engineer, after all work is completed and approved; therefore,
individual sections will not be accepted piecemeal.
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In addition the requirements of Article 107.02 of the Standard
Specifications, Certificates of Insurance shall be presented to the
Village within fifteen (15) days after the receipt by the Contractor of the
Notice of Award and the unexecuted Contract, it being understood and
agreed the Village will not approve and execute the Contract until
acceptable insurance certificates are received and approved the Village
Attorney.
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During all construction operations, the Contractor will be required to
provide, erect and maintain proper signage and barricades plus provide
flagmen as necessary for safe traffic control. I.D.O.T. Standards
701501-05; 701601-06, 701606-06, 701701-06, 701801-04 and
701901-01 are applicable and is included by reference.
To insure that safe and efficient traffic control and protection is
provided at all times, the Contractor shall provide to the Owner and the
Engineer the telephone number of his employee or agent who is
responsible for traffic control and protection and shall confirm that this
representative will be available at any time, day or night, to correct, add
to or modify traffic control devices or provisions to assure safe and
efficient traffic operations.
This work will not be paid for separately but shall be considered as
incidental to the Contract and no extra compensation will be allowed.
.. ..K. .
:.., .s�.,...£ ..... .u...,.....__._..mwa _ ..... ... ........a. .,,,.,...t..:..a._.xn.<walZ, ..x. ,.xs,.,.__, ,w.....0..a,In addition to Article 107.15 of the Standard Specifications, the
contractor shall provide for the immediate removal of any mud and
debris that is deposited onto the streets and sidewalks which was
caused by the construction. The contractor shall furnish, when directed
by the Village and as often as directed by the Village, all equipment,
Page 4
water and labor necessary to clean the pavement of all dust, dirt and
debris caused by the contractor's work activities. Dust shall be further
controlled by the uniform application of sprinkled water and shall be
applied when necessary and/or when directed by the Engineer.
The cost of this work shall be included in the unit prices bid and no
additional compensation will be allowed.
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In addition to the requirements of Article 107.18 of the Standard
Specifications construction water must be applied from a tank truck and
not from hydrants. Arrangements for filling a tank truck shall be made
with the Oak Brook Pubiic Works Department, 3003 Jorie Blvd., Oak
Brook, Illinois.
Replaced by Paragraph 10 of Section C of this Bid Package
Replaced by Paragraph 11 of Section C of this Bid Package
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In addition to the requirements of Article 107.35 of the Standard
Specifications, the following restrictions shall apply:.
Additionally, except as provided in subsections (b), (c) and (d) of this
section below, no person or entity may use "heavy equipment" in
residential areas except between seven o'clock (7:00) A.M. and six
o'clock (6:00) P.M. Monday through Friday and between eight o'clock
(8:00) A.M. and five o'clock P.M. on Saturdays and Sundays; and in
commercial areas except between six o'clock (6:00) A.M. and six
o'clock (6:00) P.M. Monday through Friday and between six o'clock
(6:00) A.M. and six o'clock (6:00) P.M. on Saturdays and Sundays;
provided, however, that such equipment shall not be used at any time
on Federal holidays. For purposes of this section, "heavy equipment"
shall mean bulldozers, jackhammers, pile drivers, power hammers,
chain saws, graders, riveters, earth movers, tree and stump grinders,
trenchers, cement mixers, tractors, power hoists or derricks, demolition
balls, power shovels, trucks, and power equipment on wheels or
traction chains, or other similar equipment, but shall not include
garbage trucks which are governed by separate agreement within the
Village.
Page 5
(a) Other Tools: Tools other than heavy equipment may be
used at any time within a fully enclosed structure; any use of
such tools outside a fully enclosed structure shall be
prohibited between the hours of eight o'clock (8:00) P.M.
and eight o'clock (8:00) A.M. except as provided in
subsections (b), (c) and (d) of this section below.
(b) Emergencies: The limitations stated in this Article 107.35
shall not apply in any situation which requires heavy
equipment or other tools in emergencies to assist or avoid a
problem related to health or to safety of persons or property
or to sewer, water, power, utility or telephone interruptions.
(c) Work by Public Agencies: The limitations stated in this
Article 107.35 waived by the Board of Trustees by resolution
for work undertaken by any public body or agency for the
benefit of the public. The Board of Trustees may attach to
any such waiver all conditions it deems necessary to protect
the public health, safety or welfare.
(d) Waiver: The limitations stated in the Article 107.35 may be
waived by the Village Manager in areas of the Village zoned
for non-residential uses pursuant to the Village of Oak Brook
Zoning Ordinance provided, however, that no such waiver
shall be granted unless the Village Manager finds that:
(1) The party seeking the waiver will suffer a unique or
unusual hardship unless the waiver is granted; and
(2) The granting of a waiver will not cause a substantial or
undue adverse impact upon adjacent property or upon the
public health, safety and welfare.
The Village Manager may attach to such a waiver all
conditions he deems necessary to protect the public health,
safety or welfare.
(e) Building Permits: Work undertaken pursuant to any permit
issued by the Village shall be subject to the provisions of this
Section.
Page 6
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In addition to the requirements of Article 108.01 of the Standard
Specifications within fifteen (15) days after the Notice of Award of contract,
the Contractor shall submit to the Engineer a list of all the sub-contractors
that are to be performing or constructing any type of work in this Contract.
The list shall include the sub-contractor's name and address, and the type
and amount of work to be performed by the sub-contractor.
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The provisions of Article 108.02 of the Standard Specification should be
modified to read as follows: "The contractor shall submit a Progress
Schedule to the Engineer not more than 15 working days after the Notice of
Award of the Contract. This schedule will show the order in which the
Contractor proposes to carry on the work, the dates on which he will start
controlling items, and the contemplated dates for completing controlling
items. The Contractor's submission may be a critical path flow chart, bar
graph or other appropriate device of the Contractor's choice, and shall
clearly indicate the various types of work to be in progress at any point
through the term of the Contract. The Progress Schedule shall show that
each of the stages of the Contract will be substantially completed within the
time provided in the Contract Documents. The Contractor will be required to
include a statement regarding the number of days per week and the number
of hours per day which he plans to work." Additionally it is understood and
agreed that the Village will not approve and execute the Contract nor will the
Proposal Guarantee be returned until an acceptable, in the Engineer's
opinion, Progress Schedule is received and approved.
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In addition to the requirements of Article 108.04 of the Standard
Specifications, the following restrictions shall apply: No work shall be
performed which requires the temporary stoppage of traffic on a road for any
reason between the hours of 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00
p.m. Monday through Friday. Additionally, no work shall be performed
before sunrise, after sunset, nor on Saturdays or Sundays unless the
Engineer's written permission is obtained.
In addition to the provisions of Article 108.07 of the Standard Specifications,
the Village shall have the authority to suspend the work due to the
Contractor's failure to remove person's who, in the opinion of the Engineer,
do not perform the work in a proper manner or are intemperate or disorderly;
Page 7
or due to the Contractor's failure to furnish suitable and sufficient personnel
or the proper prosecution of the work.
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The provision of Article 109.07 of the Standard Specifications shall be modified so
that at least once a month, the Contractor will be responsible for formulating and
submitting an approximate estimate and invoice, in writing, to the Engineer of
materials in place complete, the amount of WORK performed, and the value thereof,
at the CONTRACT unit price. This invoice will be reviewed by the Engineer and
revised, if necessary. The Engineer will then forward the partial payment invoice or
revised partial payment invoice to the President and Board of Trustees of the Village
of Oak Brook for approval of a partial payment.
Retainage shall be determined in accordance with the Provisions of Article 109.07 of
the IDOT's "Standard Specifications for Road and Bridge Construction", latest
edition.
Partial payments will not be made until satisfactory waivers of lien are received by
the Village of Oak Brook and approved by the Village Attorney. The attached waiver
forms at the end of Section C must be used.
The following procedure shall be used:
1. 1St Payment — Waiver from the General Contractor is required. Waivers from
subcontractors and materialmen are not required.
2. 2nd Payment — Waiver from the General Contractor is required. Waivers from
subcontractors and materialmen are required in the amounts listed within the
General Contractor's "Contractor's Affidavit" from Payment No. 1.
3. 3rd & Subsequent Payments — Same as #2 with amounts as listed within the
previous "Contractor's Affidavit" table.
4. Final Payment — All final waivers must be complete. The General must be for
the total final amount. The subcontractors and materialmen must be for their
total final amounts.
A waiver package submitted for payment concerning Village of Oak Brook projects
shall utilize waiver forms supplied by the Village and shall meet the following
requirements:
A. General Contractor
1. Upper part of the Waiver Form must:
Page 8
a) Describe the work or material furnished
b) State the name of the project
c) Recite the full consideration for amount received ($1.00 waivers are not
acceptable)
d) Be properly executed by the person furnishing the waiver and be
currently dated
2. Lower part of the Waiver Form (Contractor's Affidavit) must:
a) State the name of the person executing it
b) State the person's position in the company
c) State the company's name
d) Describe the work or material furnished
e) State the name of the project
f) State the total amount of the project including extras
g) State the amount received to date
h) List in the table the names of all subcontractors and/or material
suppliers, their work or material furnished, their contract amount,
amount previously paid to them, the amount being paid to them with this
payout, and any balance due after this payout. The General would also
list itself.
i) Be properly executed by the person furnishing the Affidavit and be
currently dated
j) Be notarized and sealed
B. Subcontractors and/or Material Suppliers
A Waiver and Affidavit must be submitted for every subcontractor and material
supplier listed on the General Contractor's Affidavit starting with Payout No. 2.
1. Upper part of the Waiver Form must:
a) Identify the company with whom the contract was made to furnish work
or material
b) Describe the work or material furnished
c) State the name of the project
d) Recite the full consideration for amount received from the previous
payout to the General Contractor ($1.00 waivers are not acceptable)
e) Be properly executed by the person furnishing the waiver and be
currently dated
2. Lower part of the Waiver Form (Contractor's Affidavit) must:
a) State the name of the person executing it
b) State the person's position in the company
c) State the company's name
Page 9
d) Describe the work or material furnished
e) State the name of the project
f) State the total amount of the project including extras
g) State the amount received to date
h) List in the table the names of all subcontractors and/or material
suppliers, their work or material furnished, their contract amount,
amount previously paid to them, the amount being paid to them with this
payout, and any balance due after this payout. The sub would also list
itself.
i) Be properly executed by the person furnishing the Affidavit and be
currently dated
j) Be notarized and sealed
A subcontractor may have sub-subcontractors or material suppliers listed in its
Affidavit. Each listed entity must supply the necessary waivers.
NOTE FOR BOTH GENERAL CONTRACTOR AND SUBCONTRACTORS: If all
materials are taken from fully paid stock, the table in the Affidavit should recite: "All
materials taken from fully paid stock and delivered to the jobsite in our own trucks."
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In provisions of Article 109.08 of the Standard Specifications shall be modified so
that the Contractor will be responsible for formulating and submitting to the Engineer
the final estimate and invoice, in writing. This invoice will be reviewed by the
Engineer and revised, if necessary, to show "As-built" quantities and dimensions.
The Engineer will then forward the final invoice or revised final invoice to the
President and the Board of Trustees of the Village of Oak Brook for approval and
acceptance of work.
Payment will not be made until satisfactory waivers of lien are received by the
Village of Oak Brook and approved by the Village Attorney. The attached waiver
forms at the end of Section C must be used. The waiver procedures stated in the
partial payment section will be utilized.
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ga.n.. , mom- �y' �; :� c: >� p£ a ». `�
,..,_�...�:,.e.Yxe� ...._w.:,ork Zone Pavement
Traffic Control and Protection shall be provided as called for in the plans, these
Special Provisions, applicable Highway Standards, applicable sections of the
Standard Specifications, or as directed by the Engineer.
The provisions of Sections 701 , 702, and 703 of the Standard Specifications,shall
be modified to include the following.
Page 10
• Two-way movement on all streets and access to all abutting properties
shall be maintained at all times.
• All of the contractor's workers must wear fluorescent orange or
fluorescent orange and strong yellow/green vests at all times on the
project.
• Time of day work restrictions as explained elsewhere in these
specifications will be strictly adhered to.
• Traffic control devices include, but not limited to: signs and their
supports, pavement marking, type I or type II barricades with sand bags
and steady burning lights, channelizing devices, warning lights, arrow
boards, flaqqers or any other device used for the purpose of regulating,
warning or guiding traffic through the construction zone.
• The contractor shall be responsible for the proper location, installation
and arrangement of all traffic control device.
• The contractor shall insure that all traffic control devices installed by
him are operational twenty-four (24) hours a day; including Sundays
and holidays.
• The provisions of Article 701.08 of the Standard Specifications shall be
modified to read that all traffic protection and control indicated in said
Sections 701, 702, and 703 and as modified in the foregoing, including
delays to the contractor caused by complying with these requirements
and including all costs necessary to maintain vehicular traffic on the
roadway during construction with access to all adjacent properties will
not be paid for as separate items, but the costs shall be considered as
included in the contract unit prices for the construction items involved,
and no additional compensation will be allowed.
Page 11
2014 PAVEMENT MARKING PROJECT
ADDITIONAL SPECIAL PROVISIONS
The following Special Provisions which are not included in IDOT's "Standard
Specifications for Road and Bridge Construction", shall be considered and included as
a part of the contract documents for this construction. In case of conflict with any part
or parts of said Specifications, the said Specifications shall take precedence and shall
govern
1.Scope: It is the intent of the Village to do as much pavement marking as
possible, based on budgeted funds. The estimated quantity within the Schedule
of Prices is a very rough estimate for the following streets:
16th Street, Harger Road, Spring Road (north of Commerce Drive) and
Timber Edge Drive (Roosevelt south frontage road).
All necessary pavement marking removals are incidental to this project and will
not be paid separately. Pavement marking removals shall be done as would be
done for a standard IDOT project.
2. Pre-Construction Meeting: Upon award of the contract to the lowest responsible
bidder, the Village will schedule a pre-construction meeting with the contractor. In
attendance must be the contractor's representative on the job, i.e., construction
superintendent or foreman.
3. Material Safety Data Sheets: The Contractor must submit "Material Safety Data
Sheets" for the materials which will be used on said project. These Sheets must
be submitted with his bid.
4. Sequence of work: The Engineer shall have the right to change the order of
sequence of the work. If at any time before the commencement or during the
progress of the work, the materials or appliances used or to be used appear to the
Engineer as insufficient or improper for securing the quality of the work required,
or the required rate of progress, the Engineer may order the Contractor to
increase his efficiency or to improve the character of his equipment, and the
contractor shall conform to such orders at no additional cost.
But the failure of the Engineer to demand any increase in such efficiency or
improvements shall not release the contractor from his obligation to secure the
quality of work and/or the rate of progress specified. The Contractor shall at all
times keep the Engineer informed of the locations at which he proposes to work
and he shall give the Engineer prior notice of twenty-four (24) hours before
starting or stopping work.
Page 12
5. Changes to Quantities: The Engineer reserves the right during construction to
alter the quantities in the "Schedule of Prices".
6. Surplus Materials: All surplus material shall be disposed of by the Contractor at
his expense at locations provided by him. This item will be considered as
incidental to the contract and no additional compensation will be allowed.
7. Approval of Materials: No material of any kind shall be used until it has been
approved by the Village Engineering Department. All material used shall meet the
requirements of IDOT and as outlined in these specifications.
The Contractor shall provide the Village of Oak Brook with letters of certification
from each supplier that all materials used in the project comply with the Standard
Specifications and Special Provisions indicated. Final payment will not be made
until all letters of certification have been received.
8. Street Sweeping: The Contractor shall be responsible for sweeping and cleaning
streets to make sure the street surface is in an acceptable condition, as viewed by
the Engineer, before pavement marking and within 36 hours after pavement
marking. It is not acceptable to simply blow or sweep routing debris and/or excess
sanding material off of streets so as to remain in gutters or parkways.
9. Warranty: Due to the possibility of pavement marking significantly occurring in
early November, the contractor shall note that all apparently satisfactory pavement
marking shall be fully paid by the end of this year. However, the contractor's one-
year warranty shall require the contractor to redo significantly eroded pavement
markings the following spring season if more than 5% of this project's work has
significantly eroded away. This 5% shall only include those pavement markings
done over solid/stable asphalt pavement surfaces.
Page 13
Section E Special Conditions
1. EXPERIENCE:
The Contractor shall have five (5) years of experience which is comparable in type
and scope to this project, and be approved as an installer by the manufacturer.
2. COMMENCEMENT OF WORK:
Any contractor shall not commence work under his contract until he has obtained
all insurance required, and such insurance has been approved by the Village and
all other agencies impacted by the pending project.
3. EMERGENCY 24 HOUR NAME AND TELEPHONE NUMBER:
The contractor shall provide the Engineer the name and telephone number of an
individual in his direct employ who will be available twenty-four (24) hours a day,
seven (7) days a week, to receive notification of any deficiencies regarding traffic
control and protection and shall dispatch men, materials and equipment to correct
any such deficiencies. The contractor shall respond to any call from the Village
concerning any request for improving or correcting traffic control devices and begin
making the requested repairs within two (2) hours from the time of notification.
4. HOURS OF WORK:
All work shall take place between the hours of 7:00 a.m. and 6:00 p.m. Monday
through Friday unless otherwise approved in writing by the Village.
5. INSPECTION NOTIFICATION:
The contractor shall give twenty-four (24) hour advance notice to the Village
Engineering Department prior to starting work or any phase of the work. Other
affected governmental and utility agencies must be notified in accordance with
their notification procedures.
If twenty-four (24) hour advance notice is not supplied to the Village for any or all
construction activities, the contractor hereby agrees and allows the Village to stop
any and all such unnotified construction activities until the proper 24 hour advance
notice is given, all at no cost or penalty to the Village.
The contractor shall notify, as necessary, all testing agencies in accordance with
their notification procedures. The contractor hereby agrees that failure of the
contractor to allow proper notification time which results in the testing agency to be
not available to visit the site and perform testing as necessary will cause the
contractor to suspend operations (pertaining to testing) until the testing agency can
schedule its testing operations. All costs of suspension of work are to be borne by
the contractor.
Page 14
6. RECORD DRAWINGS:
Contractor shall keep one copy of the approved specifications, drawings, addenda,
modifications and shop drawings at the site in good order and annotated to show
all changes made during the construction process. These plans shall be available
to the Village upon completion of the project.
7. CERTIFICATE OF COMPLIANCE:
When requested, the contractor shall furnish the Village with Certificates of
Compliance with the specifications for all materials used in the construction of this
improvement. In the case of pipe, the certificate shall include test results and
sketches showing compliance with the applicable ASTM Specifications.
Page 15
Section F Statement of Bidder's Qualifications
All questions must be answered and the data given must be clear and comprehensive.
This statement must be notarized. If necessary, questions may be answered on separate
attached sheets. The Bidder may submit any additional information he or she desires.
r: Qc owo.� V��Y r LOC k
1. Name of Bidde �
2. Permanent main office address: PC 1"✓4 I v J (ir 11.,--u6\2A
3. When organized: j� "I
4. If a corporation, where incorporated: T1.11,i vs
5. How many years have you been engaged in the contracting business under your
present firm or trade name: O rb
6. Contracts on hand: (Schedule these, showing amount of each contract and the
appropriate anticipated dates of completion) D a & Cow
1ctigp0 7 Oc#. 11 , Zov.
7. General character of work performed by your company:
8. Have you ever defaulted on a contract:
9. List, on an attached sheet, the more important projects recently completed by your
company, stating the approximate cost for each, and the month and year
completed. Include a contact person and phone #for each.
10. List your major equipment available for this contract
2000 ccet5i4k nec w +In 4bo0 \ems 4k.ec ewo emetic-5
11. Ex rience in wor imila in important o this protect: Rt,
' vuToqe 12. Background and exp- 'ence •f the prin ipal members of your organization,
including the officers. fp ',Ls i/ a At.` • W2 r- f/_` Gip"( -
13. Credit available: b)abe, ban
14. Bank reference: C.,YA 4
Page 16
15. Will you, upon request, fill out a detailed financial statement and furnish any other
information that may be required by the Village of Oak Brook: u\e-a.
16. The undersigned hereby authorizes and requests any person, firm, or corporation
to furnish any information requested by the Village of Oak Brook in verification of
the recitals comprising this Statement of Bidder's Qualifications.
DATED at __ , Illinois this U1oi day of ao- , 2014.
Zer --1/'--
By: �� S&1W-0Y - . �n U�f
Y
Title
STATE OF ILLINOIS )
) SS.
COUNTY OF
�ri`o ,,.g,,.am�being duly worn de•oses and says that he is the
. of i . .t. atTi. .!;1011 AL 1_.: . =nd that the answers to the
foregoing questions and all statements therein contain-' are true and correct.
•SUBSCRIBED and sworn to before me this Y day of Ii2p-1- rk 14HI
2014. ,
1 _ �
�� Notary P •lic
OFFICIAL SEAL
NUHi`M]M SA1 k2.1AR
NOL^-, .??U3!.;,,-L,r,TE OF ILLINOIS
MY COMMISS;ON EXP RE3:i11/17/14
Page 17
Section G References
Bidder shall supply the following information listing at least five customers for which the
bidder has supplied a similar type of commodities, service, or construction.
1. Company Name: C..\ pc NOv C e Vl 10 C1 n 0
Address: 1c650 Li is /Q. M OrTh Chi "" v, i 1. CQDO(o-t
Phone #: aaci - 371- c601 I
Contact: JOhukQ wloit tXr
2. Company Name: \I l \'a of-- C-�t�rev I eUv
d
Address: \o J U■.)OM,Kern . Ci IC"i tip I L LQD0a5
Phone #: CO g- aQ� 31
Contact: CirecxBDLCA+
3. Company Name: ti DC' "ParK
Address: 1 13D H kAre IL (oVD
Phone #: —7— gc9lo \I�q
Contact: L_Qra (ne -6IA,Sh
4. Company Name: uNV} N p \J
Address: 4j) S EQC St . NC{)OXUtl1Q , I L 6031-1()Phone #: (Q30-L00- 00(a
Contact: r
5. Company Name: -0U. ?04Q. Witin+4
Address: "1c2 1 N C:otinitjoirm . Otaion
Phone #: L1230- - (Ott D®
Contact: Zr ( , )`
Page 1
Section H Bid Certification
The undersigned, being first duly sworn an oath, deposes and states that he has the
authority to make this certification on behalf of the bidder for the construction, product,
commodity, or service briefly described as follows:
"2014 Pavement Marking Project"
(A) The undersigned certifies that, pursuant to Chapter 720, Section 5/33E of the
Illinois Compiled Statutes, 1993, the bidder is not barred from bidding on this
contract as a result of a conviction for the violation of State of Illinois laws
prohibiting bid-rigging or bid-rotating.
(B) The undersigned states under oath that, pursuant to Chapter 65, Section 5/11-
42.1-1 of the Illinois Compiled Statutes, 1993, the bidder is not delinquent in the
payment of any tax administered by the Illinois Department of Revenue.
(C) The undersigned certifies that, pursuant to Chapter 775, Section 5/2-105. of the
Illinois Compiled Statutes, 1993, the bidder has a written sexual harassment policy
in place including the following information:
1. An acknowledgment of the illegality of sexual harassment.
2. The definition of sexual harassment under State law.
3. A description of sexual harassment, utilizing examples.
4. The contractor's internal complaint process including penalties.
5. The legal recourse, investigative and complaint process available
through the Illinois Department of Human Rights and the Human
Rights Commission.
6. Directions on how to contact the Department or the Commission.
This b ness firm is: (check one)
This
Partnership Individual
Firm Name: al PO%( rV h' h ; r\c
Address: 9-05-
tv
City, State, ZIP: 2U L U\
Signature: / _„,i
Name Printed: M6fITC1-D S 51/z-
Title: � ,
Telephone (10-,i �r �- Date: 61 ) L--
1
Page 1
ATTEST:
SUBSCRIBED A WORN TO (31ib
bef. a m- this day
of ' 1
. �_, 20 '
blic
SEAL
M SA.L:A. %�R.
-
tC-STATE OF ILLINOIS
ON EXPRES:11117114
Pag e 2
Section I Contract
(To Be Signed and Submitted as a part of Bid Package)
2014 Pavement Marking
1. THIS AGREEMENT, made and concluded this ) day of Othig , 2014,
between the Village of Oak Brook, a municipal corporation, a ing by ar rough
its President and Board of Trustees, known as VILLAGE, and it r1\ ". ��
his executors, administrators, successors or assigns, known as CONTRACTOR.
2. WITNESSETH: That for and in consideration of the payments and agreements
mentioned in the Bid hereto attached, to be made and performed by the VILLAGE,
and according to the terms expressed in the Bond (if applicable) referring to these
presents, the CONTRACTOR agrees, at their own proper cost and expense, to do
all work, furnish all materials and all labor necessary to complete the work in
accordance with the plans and specifications hereinafter described, and in full
compliance with all of the terms of this Contract.
3. And it is also understood and agrwd that the er rre9Bid Package hereto attached,
approved by the VILLAGE this J`tt day of ( c`.b-V 2014, are all essential
documents of this contract and are a part hereof.
4. IN WITNESS WHEREOF, the said parties have executed these presents on the
above mentioned date.
ATTEST: VIL AGE OF OAK BROOK
�
1
By
Village Clerk Gopal G. Lalmalani, MD, M.$.A.
Village President
ATTEST: q(AAcin.
l( � (�l� 1 kia-tAe
Corporate Name
' = By 1
Secret/f o ractor
Page 1
Partners doing Business under (If a Co-Partnership)
the firm name of
Party of the Second Part (If an Individual)
Party of the Second Part
Page 2
SEXUAL HARASSMENT CERTIFICATE
WA-A11-4 he ei .fter r-ferr-• to as "Contractor'
having submitted a bid/proposal for 3111 nu IL1 sw. to the Village of
Oak Brook, DuPage/Cook Counties, Illi ois, hereby certifies that Its Contractor has a
written sexual harassment policy in place in full compliance with 775 ILCS 5/2-105(A)(4)
including the following information:
1. An acknowledgment of the illegality of sexual harassment.
2. The definition of sexual harassment under State law.
3. A description of sexual harassment, utilizing examples.
4. The contractor's internal complaint process including penalties.
5. The legal recourse, investigative and complaint process available through the Illinois
Department of Human Rights and the Human Rights Commission.
6. Directions on how to contact the Department or the Commission.
7. An acknowledgment of protection of a complaint against retaliation as provided in
Section 6-101 of the Human Rights Act.
Each contractor must provide a copy of such written policy to the Illinois Department of
Human Rights upon request.
By:
Authorized Agent of Contractor
Subscribed and s Qti to
O
bef e this 'Id
of s 20 fg GFFICV1 SEAL
M SALAZJIR
NC;.^,PY PUBLIC :A-E,;F ILLINOIS
PAY COMMISSION XPIRES:11/17/14
N•tary Public �� /p
� I
Page 3
PREVAILING WAGE AFFIDAVIT
1, dif Gtr.j (name of signatory), on oath hereby state
and certify that ':f1 60 ame of Contractor), pursuant to
1
a Contract dated 12-6k , 2014, with the Village of Oak Brook for the
91 "l Project, has complied and will comply with all laws, including those
relating to the employment of labor, the payment of the current general prevailing rate
of hourly wages for each craft or type of worker or mechanic needed to execute the
Contract or perform such work, and also the current general prevailing rate for legal
holiday and overtime work, as ascertained by the Illinois Department of Labor for
DuPage County, Illinois, and those prevailing rates are paid and shall be paid for each
craft or type of worke or mechanic needed to execute the aforesaid Contract or to
perform such work. � ' (�� (01\i'a �4r ('� (name of Contractor) has
p
also complied and will comply with all record keeping requirements established in the
Prevailing Wage Act (820 ILCS 130/0.01, et seq.
CONTRACTOR:
By: _h:
Title: nA\ gy\-1---
SUBSCRIBQ SWOR TO{:EFORE -0
M THI DAY • >f 1�' , 2014 , r; Saki
Nur
LI'e71S
M't Cif Pal :;∎;) '�� IF ',11 V1711
NOTARY PUBLIC
Page 4
{
CERTIFICATION OF PAYROLL RECORDS
I fj(\\ �\(JU�It.�1,V (name of person execu '• thi. erti icate), do hereby
•ualified and acting 't! 1 f(IL (title) for
ertify th:t I h- d ly g _ � )
! �1 k OatrU ` t •=4T'e of contractor) and, as such, am au horized to certify
payroll records as true an.rccurate for such company in accordance with the
requirements of Section 5 of the Prevailing Wage Act (820 ILCS 130/5) (the "Act").
I do hereby further certify that the following document is a true and accurate copy
of tie records . o all laborers, mechanics, and other workers employed by
0640i1) WWI I\ � r me of contractor) on the (/� Project (the "Project") for
the Village of Oak Brook (the "Village"), including each such worker's name, address,
telephone number, social security number, classification or classifications; and the
hourly wages paid in each pay period, hours worked each day, and the starting and
ending times of work each day for each such worker on such Project.
I do hereby further certify that the hourly rate paid to each worker is not less than
the general prevailing rate of hourly wages required by the Act, and that
ROW (name of contractor), and I on behalf of such contractor, are fully
aware that Min a certified payroll that we know to be false is a Class B misdemeanor. I
further certify that upon two (2) business days' notice, if requested, we and any
subcontractor hired by us shall make available for inspection the records required in the
Act to the District, its officers and agents, and to the Director of Labor, his deputies and
agents, at reasonable hours at a location within the State of Illinois.
Date: )9Q. 11-t , 2014
YLVIgid- fV,a/\110, (.Re-
( ame of Contractor
(Signat ,
Saa.zour
(Printeir�game)
(Title)
C+`L ) AL
Subs r bed and s orn to before me r\ ,,, r4,
this day of , 2014. ;'-',6,TE OF ILLINOIS
• 5 M,,COMMISSION E;.. REs.jv17nt
L PA
Notary PublaPillir
Page 5
CONTRACTOR'S CERTIFICATIONS
(CONTRACT EXECUTION)
TR. t ��� ob � , ing executed a contract for \COY 4 ith
E hereby certifi that said contractor is not barred from executin said
the VILLAG y
contract as a result of a violation of either Section 5/33E-3 or 5/33E-4 of Chapter 720 of
the Illinois Compiled Statutes.
(DRUG-FREE WORKPLACE)
Contractor deposes, states and certifies it will provide a drug free workplace by complying
with Section 3 of the Illinois Drug Free Workplace Act, being 30 ILCS 580/3.
Attest Witness: Contractor By: ' By: a7/1 `�'
Name of Contractor's Executing
Officer
Title:
52CTO..1-6L-11 Title: - -
Title of Contractor's Executing
Officer
Subscribed and Sworn to
bef e methis c Y\ day
of J , 20 �.
it My Commission Expires: << �'� 1
Notary Public
-SEAL-
ajl}'r;�ids� 0r;t�1t+10
r ' U 714
C�t
till JI\. v �
Page 6
Section J Contract Bond
2014 Pavement Marking Project
Bond #
Subject to Adjustment
Based on
Final Contract Price
We, as PRINCIPAL,
and , as SURETY, are
held and firmly bound unto the Village of Oak Brook (hereafter referred to as "VILLAGE")
in the penal sum of Dollars ($ ),
lawful money of the United States, well and truly to be paid unto said VILLAGE, for the
payment of which we bind ourselves, our heirs, executors, administrators, successors,
jointly to pay to VILLAGE this sum under the conditions of this instrument.
WHEREAS THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that, the
said Principal has entered into a written contract with the Village acting through its
awarding authority for the above stated project, 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,
including, but not limited to the term requiring the payment at the prevailing rate of hourly
wages, and has promised to pay all sums of money due for any labor, materials,
apparatus, fixtures or machinery furnished to such 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, except
as modified by the Guarantee section of the Bid; 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 such person, firm, company, or corporation, for the recovery of any
such money. •
Page 7
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 purpose of performing 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 the
performance thereof and until the said work shall have been accepted, and shall hold
VILLAGE harmless on account of any such damages and shall in all respects fully and
faithfully comply with all the provisions, conditions, and requirements of said contract,
then this obligation to be void; otherwise to remain in full force and effect.
IN TESTIMONY WHEREOF, the said PRINCIPAL and the said SURETY have caused
this instrument to be signed by their respective officers this day of
2014.
PRINCIPAL
(Company Name) (Company Name)
By: By:
(Signature) (Signature)
(Title) (Title)
(If PRINCIPAL is a joint venture of two or more contractors, the company names and
authorized signatures of each contractor must be affixed.)
SURETY
By:
(Name of Surety) (Signature of Attorney in Fact)
Page 8
State of Illinois )
) SS.
County of )
I, , a Notary Public in and for said county, do hereby certify
that (names of individuals signing on
behalf of Principal and Surety) who are each personally known to me to be the same
persons whose names are subscribed to the foregoing instrument on behalf of
PRINCIPAL and SURETY, appeared before me this day in person and acknowledged
respectively, that they signed and delivered said instrument as their free and voluntary act
for the uses and purposes therein set forth.
Given under my hand and notarial seal this day of , 2014.
Notary Public
My commission expires:
Page 9
PAYMENT BOND AMCO Insurance Company
Nationwide Mutual Insurance Company
Bond Number: BDA Allied Property& Casualty Insurance Company
1100 Locust St.,Dept 2006 Des Moines,IA 50391-2006
(866)387-0457
CONTRACTOR: SURETY:
Precision Pavement Markings Inc. AMCO Insurance Company
P.O. Box 705 1100 Locust St., Dept. 2006
Elgin, IL 60121 Des Moines, IA 50391-2006
OWNER:
Village of Oakbrook
1200 Oak Brook Road
Oak Brook, IL 60523
CONSTRUCTION CONTRACT
Date: October 15th, 2014
Amount: $63,850.00 Sixty Three Thousand Eight Hundred Fifty Dollars and Zero Cents.
Description:
Village of Oakbrook, 2014 Pavement Marking Program
BOND
Date: October 15th, 2014
Amount: $63,850.00 Sixty Three Thousand Eight Hundred Fifty Dollars and Zero Cents.
Modifications to this Bond: El None ❑See Section 16
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
P Y� •e" �\
Precision Pavement Markings Inc. AMCO Insurance Company ;tco, A.
Signature: �
Signature. l,�ll 4/2Fy^ ), /a .: '+�'���
Name Name
And Title: Billy J. azar and Title: Jennifer D.Allard ,Attorney-in-Fact
(Any additional signatures appear on the last page of this Performance Bond)
(FOR INFORMATION ONLY—Name, address and telephone)
AGENT or BROKER: OWNERS REPRESENTATIVE:
(Architect, Engineer or other party:)
Lundstrom Insurance
2205 Point Blvd.
Elgin, Illinois 60123
This document conforms to American Institute of Architects Document A312,2010 edition
§ 1 The Contractor and 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 performance of the
Construction Contract,which is incorporated herein by reference, subject to the following terms.
§2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless
the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor,materials or
equipment furnished for use in the performance of the Construction Contract,then the Surety and the Contractor shall
have no obligation under this Bond.
§3 If there is no Owner Default under the Construction Contract,the Surety's obligation to the Owner under this Bond
shall arise after the Owner has promptly notified the Contractor and the Surety(at the address described in Section 13)of
claims, demands,liens or suits against the Owner or the Owner's property by any person or entity seeking payment for
labor,materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of
such claims, demands, liens or suits to the Contractor and the Surety.
§4 When the Owner has satisfied the conditions in Section 3,the Surety shall promptly and at the Surety's expense
defend, indemnify and hold harmless the Owner against a duly tendered claim,demand, lien, or suit.
§5 The Surety's obligations to a Claimant under this Bond shall arise after the following:
§ 5.1 Claimants,who do not have a direct contract with the Contractor,
.1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the
amount claimed and the name of the party to whom the materials were, or equipment was, furnished or
supplied or for whom the labor was done or performed, within ninety(90)days after having last performed
labor or last furnished materials or equipment included in the Claim; and
.2 have sent a Claim to the Surety(at the address described in Section 13)
§5.2 Claimants,who are employed by or have a direct contract with the Contractor,have sent a Claim to the Surety(at
the address described in Section 13).
§ 6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor,that is sufficient to
satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1.
§7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2,whichever is applicable,the Surety shall
promptly and at the Surety's expense take the following actions:
§7.1 Send an answer to the Claimant,with a copy to the Owner,within sixty(60)days after receipt of the Claim,stating
the amounts that are undisputed and the basis for challenging any amounts that are disputed; and
§ 7.2 Pay or arrange for payment of any undisputed amounts.
§7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a
waiver of defenses the Surety or Contractor may have or acquire as to a Claim,except as to undisputed amounts for
which the Surety and Claimant have reached agreement. If,however,the Surety fails to discharge its obligations under
Section 7.1 or Section 7.2,the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs
thereafter to recover any sums found to be due and owing to the Claimant.
§8 The Surety's total obligation shall not exceed the amount of this Bond,plus the amount of reasonable attorney's fees
provided under Section 7.3,and the amount of this Bond shall be credited for any payments made in good faith by the
Surety.
§ 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance 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 e
Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the
Owner's priority to use the funds for the completion of the work.
This document conforms to American Institute of Architects Document A312,2010 edition
§ 10 The Surety shall not be liable to the Owner,Claimants or others for obligations of the Contractor that are unrelated
to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant
under this Bond,and shall have under this Bond no obligation to make payments to,or give notice on behalf of,
Claimants or otherwise have any obligations to Claimants under this Bond.
§ 11 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.
§ 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction
in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one
year from the date(1)on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2,or(2)on which
the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the
Construction 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.
§ 13 Notice and Claims to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on
the page on which their signature appears. Actual receipt of notice or Claims,however accomplished,shall be sufficient
compliance as of the date received.
§ 14 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 conforming to such statutory or other legal requirement shall be deemed
incorporated herein. When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a
common law bond.
§ 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond,the Contractor and Owner
shall promptly furnish a copy of this bond or shall permit a copy to be made.
§ 16 Definitions
§ 16.1 Claim.A written statement by the Claimant including at a minimum:
.1 the name of the Claimant;
.2 the name of the person for whom the labor was done,or materials or equipment furnished;
.3 a copy of the agreement or purchase order pursuant to which labor,materials or equipment was furnished for
use in the performance of the Construction Contract;
.4 a brief description of the labor,materials or equipment furnished;
.5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the
performance of the Construction Contract;
.6 the total amount earned by the Claimant for labor,materials or equipment furnished as of the date of the
Claim;
.7 the total amount of previous payments received by the Claimant; and
.8 the total amount due and unpaid to the Claimant for labor,materials or equipment furnished as of the date of
the Claim.
§ 16.2 Claimant.An individual or entity having a direct contract with the Contractor or with a subcontractor of the
Contractor to furnish labor,materials or equipment for use in the performance of the Construction Contract. The term
Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or
similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include
without limitation 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 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.
§ 16.3 Construction Contract.The agreement between Owner and Contractor identified on the cover page, including all
Contract Documents and all changes made to the agreement and the Contract Documents.
This document conforms to American Institute of Architects Document A312,2010 edition
§ 16.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required
under the Construction Contract or to perform and complete or comply with the other material terms of the Construction
Contract.
§ 16.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor.
§ 17 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond
shall be deemed to be a Subcontractor and the term Owner shall be deemed to be Contractor.
§ 18 Modifications to this bond are as follows:
(Space is provided below for additional signatures of added parties, other than those appearing on cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature: Signature:
Name Name
And Title: and Title: ,Attorney-in-Fact
Address Address
This document conforms to American Institute of Architects Document A312,2010 edition
Power of Attorney
KNOW ALL MEN BY THESE PRESENTS THAT:
Nationwide Mutual Insurance Company,an Ohio corporation AMCO Insurance Company,an Iowa corporation
Farmland Mutual Insurance Company,an Iowa corporation Allied Property and Casualty Insurance Company,an Iowa corporation
Nationwide Agribusiness Insurance Company,an Iowa corporation Depositors Insurance Company,an Iowa corporation •
hereinafter referred to severally as the"Company"and collectively as the"Companies,"each does hereby make,constitute and appoint:
Brett Lundstrom, Craig Flynn, Jennifer Allard, Susan Onori
each in their individual capacity,its true and lawful attorney-in-fact,with full power and authority to sign,seal,and execute on its behalf any and all bonds and undertakings,
and other obligatory instruments of similar nature,in penalties not exceeding the sum of
One Million Dollars and No/100 $1,000,000.00
and to bind the Company thereby,as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company;and all acts of said
Attorney pursuant to the authority given are hereby ratified and confirmed.
This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company:
"RESOLVED,that the president,or any vice president be,and each hereby is,authorized and empowered to appoint attorneys-in-fact of the Company,and to authorize
them to execute and deliver on behalf of the Company any and all bonds,forms,applications,memorandums,undertakings,recognizances,transfers,contracts of
indemnity,policies,contracts guaranteeing the fidelity of persons holding positions of public or private trust,and other writings obligatory in nature that the business of
the Company may require;and to modify or revoke,with or without cause,any such appointment or authority;provided,however,that the authority granted hereby shall
in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company."
"RESOLVED FURTHER,that such attorneys-in-fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company
subject to the terms and limitations of the power of attorney issued to them,and to affix the seal of the Company thereto;provided,however,that said seal shall not be
necessary for the validity of any such documents."
This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company.
Execution of Instruments. Any vice president,any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved
documents,instruments,contracts,or other papers in connection with the operation of the business of the company in addition to the chairman of the board,the chief
executive officer,president,treasurer or secretary;provided,however,the signature of any of them may be printed,engraved,or stamped on any approved document,
contract,instrument,or other papers of the Company.
IN WITNESS WHEREOF,the Company has caused this instrument to be sealed and duly attested by the signature of its officer the
13s' day of February,2014. 4faL
/���:�" .�,, 7�:•mow .y,�' Terrance Williams,President and Chief Operating Officer of Nationwide Agribusiness Insurance Company
OM �� •/ ; and Farmland Mutual Insurance Company;and Vice President of Nationwide Mutual Insurance Company,
4.SEAL.. t,„.SEALj, f AMCO Insurance Company, Allied Property and Casualty Insurance Company,and Depositors Insurance
�' �_=. -∎ Company
ACKNOWLEDGMENT
,7:00.4 a!"`, ♦• ' STATE OF IOWA,COUNTY OF POLK: ss
- "' '%4 Iwo G,t On this 13th day of February,2014,before me came the above-named officer for the Companies aforesaid,to•
, SEAL: 0 •° D. me personally known to be the officer described in and who executed the preceding instrument, and he
/+.• g / .SEAL t p Y
acknowledged the execution of the same,and being by me duly sworn,deposes and says,that he is the officer
"j '*4............ of the Companies aforesaid,that the seals affixed hereto are the corporate seals of said Companies,and the
/,�� �``'►♦ 'said corporate seals and his signature were duly affixed and subscribed to said instrument by the authority and
direction of said Companies.
:Pi 00.s� , Are'� , Sandy Alitz 7
: a°oegq e+ 4
�o. •�/ /°����r/.�T�� / Notarial Seal—Iowa
/;:SEAL / i �!4 Commission Number 152785
Notary Public
.+'••. ,../ My Commission Expires March,24,2017
° .i a� ,a°+roiiii " My Commission Expires
,r_♦ \� CERTIFICATE March 24,2017
I, Robert W Homer III,Secretary of the Companies,do hereby certify that the foregoing is a full,true and correct copy of the original power of attorney issued by the
Company;that the resolution included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has not been revoked
or amended in any manner;that said Terrance Williams was on the date of the execution of the foregoing power of attorney the duly elected officer of the Companies,and
the corporate seals and his signature as officer were duly affixed and subscribed to the said instrument by the authority of said board of directors;and the foregoing power of
attorney is still in full force and effect.
IN W � E S WHEREOF,I h e hereunto subscribed my name as Secretary,and affixed the corporate seals of said Companies this /C/day
of 1 �t � 20 ASw
Secretary
This Power of Attorney Expires March 24,2017
BDJ 1(03-14)00
PERFORMANCE BOND AMCO Insurance Company
Nationwide Mutual Insurance Company
Bond Number: BD/0385-9D Allied Property& Casualty Insurance Company
1100 Locust St.,Dept 2006 Des Moines,IA 50391-2006
(866)387-0457
CONTRACTOR: SURETY:
Precision Pavement Markings Inc. AMCO Insurance Company
P.O. Box 705 1100 Locust St., Dept. 2006
Elgin, IL 60121 Des Moines, IA 50391-2006
OWNER:
Village of Oakbrook
1200 Oak Brook Road
Oak Brook, IL 60523
CONSTRUCTION CONTRACT
Date: October 15th, 2014
Amount: $63,850.00 Sixty Three Thousand Eight Hundred Fifty Dollars and Zero Cents.
Description:
Village of Oakbrook, 2014 Pavement Marking Program
BOND
Date: October 15th, 2014
Amount: $63,850.00 Sixty Three Thousand Eight Hundred Fifty Dollars and Zero Cents.
Modifications to this Bond: 12 None ❑ See Section 16
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal) .1tat♦
«
Precision Pavement Markings Inc. AMCO Insurance Company Sj
/
Signature: s5 jr Signature: ts ,j'►� L
Name c/ / Name
And Title: Billy J. a czar and Title: Jennifer D. Allard ,Attorney-in-Fact
(Any additional signatures appear on the last page of this Performance Bond)
(FOR INFORMATION ONLY—Name, address and telephone)
AGENT or BROKER: .OWNERS REPRESENTATIVE:
(Architect, Engineer or other party.)
Lundstrom Insurance
2205 Point Blvd.
Elgin, Illinois 60123
This document conforms to American Institute of Architects Document A312,2010 edition
§ 1 The Contractor and 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 when applicable to participate in a conference as provide in Section 3.
§3 If there is no Owner Default under the Construction Contract,the Surety's obligation under this Bond shall arise after
.1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a
Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the
Owner, Contractor and Surety to discuss the Contractor's performance.If the Owner does not request a
conference,the Surety may,within five(5)business days after receipt of the Owner's notice,request such a
conference. If the Surety timely requests a conference,the Owner shall attend. Unless the Owner agrees
otherwise,any conference requested under this Section 3.1 shall be held within ten(10)business days of the
Surety's receipt of the Owner's notice. If the Owner,the Contractor and the Surety agree,the Contractor
shall be allowed a reasonable 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:
.2 the Owner declares a Contractor Default,terminates the Construction Contract and notifies the Surety; and
.3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the
Construction Contract to the Surety or to a contractor selected to perform the Construction Contract.
§4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to
comply with a condition precedent to the Surety's obligations,or release the Surety from its obligations,except to the
extent the Surety demonstrates actual prejudice.
§ 5 When the Owner has satisfied the conditions of Section 3,the Surety shall promptly and at the Surety's expense take
one of the following actions:
§ 5.1 Arrange for the Contractor,with the consent of the Owner,to perform and complete the Construction Contract;
§5.2 Undertake to perform and complete the Construction Contract itself,through its agents or independent contractors;
§5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for
performance and completion of the Construction Contract, arrange for a contract to be prepared for the 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 Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a
result of the Contractor Default; or
§ 5.4 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 determined,make payment to the Owner;or
.2 Deny liability in whole or in part and notify the Owner,citing the reasons for denial.
§ 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness,the Surety shall be deemed to be
in default on this Bond seven 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 Section 5.4, and the Owner refuses the payment 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.
§7 If the Surety elects to act under Section 5.1,5.2,or 5.3,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. Subject to the commitment by the
Owner to pay the Balance of the Contract Price,the Surety is obligated,without duplication,for
This document conforms to American Institute of Architects Document A312,2010 edition
.1 the responsibilities of the Contractor for correction of defective work and completion of the Construction
Contract;
.2 additional legal,design professional and delay costs resulting from the Contractor's Default, and resulting
from the actions or failure to act of the Surety under Section 5; and
.3 liquidated damages,or if no liquidated damages are specified in the Construction Contract,actual damages
caused by delayed performance or non-performance of the Contractor.
§ 8 If the Surety elects to act under Section 5.1,5.3,or 5.4,the Surety's liability is limited to the amount of this Bond.
§9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the
Construction 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,successors,and assigns.
§ 10 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to
related subcontractors,purchase orders and other obligations.
§ 11 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 a declaration of
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 occurs first. 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 page on
which their signature appears.
§ 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 conforming to such statutory or other legal requirement shall be deemed
incorporated herein. When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a
common law bond.
§ 14 Definitions
§ 14.1 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 Contractor 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,
reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract.
§ 14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page,
including all Contract Documents and changes made to the agreement and the Contract Documents.
§ 14.3 Contractor Default. Failure of the Contractor,which has not been remedied or waived,to perform or otherwise
to comply with a material term of the Construction Contract.
§ 14.4 Owner Default. Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required
under the Construction Contract or to perform and complete or comply with the other material terms of the Construction
Contract.
§ 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor.
§ 15 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond
shall be deemed to be a Subcontractor and the term Owner shall be deemed to be Contractor.
This document conforms to American Institute of Architects Document A312,2010 edition
§16 Modifications to this bond are as follows:
(Space is provided below for additional signatures of added parties, other than those appearing on cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
1
Signature: Signature:
Name Name
And Title: and Title: , Attomey-in-Fact
Address Address
This document conforms to American Institute of Architects Document A312,2010 edition
Power of Attorney
KNOW ALL MEN BY THESE PRESENTS THAT:
Nationwide Mutual Insurance Company,an Ohio corporation AMCO Insurance Company,an Iowa corporation
Farmland Mutual Insurance Company,an Iowa corporation Allied Property and Casualty Insurance Company,an Iowa corporation
Nationwide Agribusiness Insurance Company,an Iowa corporation Depositors Insurance Company,an Iowa corporation
hereinafter referred to severally as the"Company"and collectively as the"Companies,"each does hereby make,constitute and appoint:
Brett Lundstrom, Craig Flynn, Jennifer Allard, Susan Onori
each in their individual capacity,its true and lawful attorney-in-fact,with full power and authority to sign,seal,and execute on its behalf any and all bonds and undertakings,
and other obligatory instruments of similar nature,in penalties not exceeding the sum of
One Million Dollars and No/100 $1,000,000.00
and to bind the Company thereby,as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company;and all acts of said
Attorney pursuant to the authority given are hereby ratified and confirmed.
This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company:
"RESOLVED,that the president,or any vice president be,and each hereby is,authorized and empowered to appoint attorneys-in-fact of the Company,and to authorize
them to execute and deliver on behalf of the Company any and all bonds,forms,applications,memorandums,undertakings,recognizances,transfers,contracts of
indemnity,policies,contracts guaranteeing the fidelity of persons holding positions of public or private trust,and other writings obligatory in nature that the business of
the Company may require;and to modify or revoke,with or without cause,any such appointment or authority;provided,however,that the authority granted hereby shall
in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company."
"RESOLVED FURTHER,that such attorneys-in-fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company
subject to the terms and limitations of the power of attorney issued to them,and to affix the seal of the Company thereto;provided,however,that said seal shall not be
necessary for the validity of any such documents."
This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company.
Execution of Instruments. Any vice president,any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved
documents,instruments,contracts,or other papers in connection with the operation of the business of the company in addition to the chairman of the board,the chief
executive officer,president,treasurer or secretary;provided,however,the signature of any of them may be printed,engraved,or stamped on any approved document,
contract,instrument,or other papers of the Company.
IN WITNESS WHEREOF,the Company has caused this instrument to be sealed and duly attested by the signature of its officer the
13`" day of February,2014. �_,,�.+ '� ,�
��e ,
AV.. of.. ?.,-v, Terrance Williams,President and Chief Operating Officer of Nationwide Agribusiness Insurance Company
/ and Farmland Mutual Insurance Company;and Vice President of Nationwide Mutual Insurance Company,
'a SEAL-`•j /:SEAL;4 AMCO Insurance Company, Allied Property and Casualty Insurance Company,and Depositors Insurance
,:
�''•... � � `••., Company
`\�� \mie• ACKNOWLEDGMENT
��"`1"`\w� ��us�n\r STATE OF IOWA,COUNTY OF POLK: ss
47/a°E°"^�F ' � ��' sw°w, 1# On this 13`h day of February,2014,before me came the above-named officer for the Companies aforesaid,to
r_: i
/;,:.SEAL:.j i :SEAL0 me personally known to be the officer described in and who executed the preceding instrument, and he
acknowledged the execution of the same,and being by me duly sworn,deposes and says,that he is the officer
°1tiiins;ii+`?I ','fit ijit,i °i of the Companies aforesaid,that the seals affixed hereto are the corporate seals of said Companies,and the
,\�■ `\W, 'said corporate seals and his signature were duly affixed and subscribed to said instrument by the authority and
♦_` 4._`, direction of said Companies.
di/ "o" �, �.o?SuFroy, Sandy Alitz ?4!L
/ i Notarial Seal—Iowa
• s3.E yl..z% it SEAL Commission Number 152785 Notary Public
•., p./ My Commission Expires March,24,2017 My Commission Expires
�\_�� ,\ � CERTIFICATE March 24,2017
I, Robert W Homer III,Secretary of the Companies,do hereby certify that the foregoing is a full,true and correct copy of the original power of attorney issued by the
Company;that the resolution included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has not been revoked
or amended in any manner;that said Terrance Williams was on the date of the execution of the foregoing power of attorney the duly elected officer of the Companies,and
the corporate seals and his signature as officer were duly affixed and subscribed to the said instrument by the authority of said board of directors;and the foregoing power of
attorney is still in full force and effect.
IN E S WHEREOF,I h e hereunto subscribed my name as Secretary,and affixed the corporate seals of said Companies this day
Secretary
This Power of Attorney Expires March 24,2017
BDJ 1(03-14)00