R-1912 - 10/27/2020 - WATER - Resolutions Exhibits 00
00
LT\ _f?_0TTE
and
ASSOCIATES, INC.
ENGINEERS AND SURVEYORS
Transmittal Sheet
To: Rania Serences From: Chris Marschinke, P.E.
Senior Purchasing Agent Trotter and Associates, Inc.
Village of Oak Brook 40W201 Wasco Rd. Suite D
1200 Oak Brook Road St. Charles, Illinois 60175
Oak Brook, Illinois 60523 (630) 587-0470
(630) 368-5164 c.marschinke@trotter-inc.com
Date: December 14th, 2020 Project: Water System SCADA & Operations Rehabilitation
Enclosed please find the following documents/information:
2 Contract Bonds—Performance, Labor and Materials Payment and Power of Attorney
2 General Liability Certificate
2 Professional Liability Certificate
The above documents/information are submitted:
As requested For signature
X For your approval For your information and files
Comments:
Please find attached two signed copies of the Payment and Performance Contract Bonds, as well
as associated General Liability and Professional Liability Insurance Certificates. If you have any
questions, please do not hesitate to reach out.
1
Sincerely,
Chris Marschinke, P.E.
Project Manager
b
rx
d L C
40W201 Wasco Rd.,Suite D 38 W.Grand Ave.,Suite 300
St.Charles,IL 60175 www.trotter-inc.com Fox Lake,IL 60020
Phone 630.587.0470 • Fax 630.587.0475 Phone 224.225.1300 • Fax 630.587.0475
PERFORMANCE BOND BOND #014219021
KNOW ALL MEN BY THESE PRESENTS:
[insert contractor name and address here:] Trotter&Associates, Inc.
as Principal(hereinafter called the"Contractor")and
[insert surety name and address here:] _ The Ohio Casualty Insurance Company
organized and existing under the laws of the State of
(hereinafter called the "Surety") are held and firmly bound unto Village of Oak
Brook, 1200 Oak Brook Road, Oak Brook, Illinois, as the obligee (hereinafter called the "Owner"), in
the full and just sum of [insert full contract price here:] $ $1,384,150.00 for the
payment of which sum of money well and truly to be made, the Contractor and the Surety bind
themselves and their heirs, executors, administrators, successors, and assigns, jointly and severally,
firmly by these presents,said amount to include payment of actual costs and damages and for attorneys'
fees, architectural fees, design fees, engineering fees, accounting fees, testing fees, consulting fees,
administrative costs,court costs, interest and any other fees and expenses resulting from or incurred by
reason of the Contractor's failure to promptly and faithfully perform its contract with the Owner, said
contract being more fully described below,and to include attorneys' fees,court costs and administrative
and other expenses necessarily paid or incurred in successfully enforcing performance of the obligation
of the Surety under this bond.
WHEREAS, the Contractor has entered into a written agreement dated [insert contract date
here:] October 30th 1 2020, with the Owner titled [insert contract title here:]
Village of Oak Brook f) (the
"Contract"),the terms and conditions of which are by this reference incorporated herein as though fully
set forth herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the
Contractor shall well, truly, and promptly perform all the undertakings, covenants, terms, conditions,
and agreements of the Contractor under the contract, including but not limited to the Contractor's
obligations under the Contract,(1)to provide,perform,and complete at the Work Site and in the manner
specified in the Contract all necessary Work, labor, services, transportation, equipment, materials;
apparatus, machinery, tools, fuels, gas, electric, water, waste disposal, information, data, and other
means and items necessary for [insert general description of the 1S'ork here:]
Professional Engineering&Desi n Services for Water System SCADA&Operations Rehabilitation Projec', at 1200
Oak Brook Road,in Oak Brook,IL 60523; (2) to procure and furnish all permits, licenses, and other governmental
approvals and authorizations necessary in connection therewith(except as otherwise expressly provided
in the Attachment A of the Contract);(3)to procure and furnish all bonds,certificates,and policies of
insurance specified in the Contract; (4)to pay all applicable federal, state, and local taxes; (5)to do all
other things required of the Contractor by the Contract;and(6)to provide,perform,and complete all of
the foregoing in a proper and workmanlike manner and in full compliance with,and as required by and
pursuant to, the Contract; all of which is herein referred to as the '1'7ork," whether or not any of the
Work enter into and become component parts of the improvemens contemplated, then this obligation
shall be null and void;otherwise it shall remain in full force and efiwct.
The Surety,for value received,hereby stipulates and agrees that no changes,modifications,alterations,
omissions, deletions, additions, extensions of time, or forbearances on the part of the Owner or the
Contractor to the other in or to the terms of said Contract; in or to the schedules, plans, drawings, or
specifications; in or to the method or manner of performance of the Work; in or to Owner-furnished
facilities,equipment,material,service,or site;or in or to the mode or manner of payment therefore shall
in any way release the Contractor and the Surety or either or any of them,or any of their heirs,executors,
administrators, successors,or assigns,or affect the obligations of the Surety on this bond, all notice of
any and all of the foregoing changes, modifications, alterations, omissions, deletions, additions,
extensions of time,or forbearances and notice of any and all defaults by the Contractor or of the Owner's
termination of the Contractor being hereby waived by the Surety.
Notwithstanding anything to the contrary in the foregoing paragraph, in no event shall the
obligations of the Surety under this bond in the event of the Contractor's default be greater than the
obligations of the Contractor under the Contract in the absence of the Contractor default.
In the event of a default or defaults by the Contractor, the Owner shall have the right to take
over and complete the Contract on 30 calendar days' written notice to the Surety, in which event the
Surety shall pay the Owner all costs incurred by the Owner in taking over and completing the Contract.
At its option,the Owner may instead request that the Surety take over and complete the Contract,
in which event the Surety shall take reasonable steps to proceed promptly with completion no later than
30 calendar days after the date on which the Owner notifies the Surety that the Owner wants the Surety
to take over and complete the Contract.
The Owner shall have no obligation to actually incur any expense or correct any deficient
performance of the Contractor to be entitled to receive the proceeds of this bond.
No right of action shall accrue on this bond to or for the use of any person or corporation other
than the Owner or the heirs,executors, administrators,or successors of the Owner.
Signed and sealed this 2nd day of December 2020
Attest/Witness: PRINCIPAL
By, — By: Trotter$Associates Inc
Title: �,r Q By:
Attest/Witness: SURE
By: By: The Ohio C i n o any
Title: _S��(�r lcui(f� By:
Shelly Henry ,Alto yon--act
APPENDIX 3
LABOR AND MATERIALS PAYMENT BOND BOND#014219021
KNOW ALL MEN BY THESE PRESENTS:
[insert contractor name and address here:] Trotter&Associates Inc
as Principal(hereinafter called the"Contractor")and
[insert surety name and address here:] The Ohio Casualty Insurance Company
,organized and existing under the laws of the State of
(hereinafter called the "Surety") are held and firmly bound unto Village of Oak
Brook, 1200 Oak Brook Road,Oak Brook,Illinois,as the obligee(hereinafter called the"Owner"),for
the use and benefit of itself and of claimants as hereinafter defined(the"Claimants")in the full and just
sum of[insert full contract price here:] $--____$1,384 150.00 to be paid to the Owner or the
Claimants or the Owner's or the Claimant's assigns, to which payment well and truly to be made the
Contractor and the Surety bind themselves and their heirs, executors, administrators, successors, and
assigns,jointly and severally, firmly by these presents, said amount to include attorney's fees, court
costs, and administrative and other expenses necessarily paid or incurred in successfully enforcing
performance of the obligation of the Surety under this bond.
WHEREAS, the Contractor has entered into a written agreement dated [insert contract date
here:] October 30th , 2020, with the Owner titled[insert contract title here:]
Village of Oak Brook "(the"Contract"),the
terms and conditions of which are by this reference incorporated herein as though fully set forth herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the
Contractor shall promptly pay or cause to be paid all sums of money that may be due to any Claimant
with respect to the Contractor's obligations under the Contract: (1)to provide,perform, and complete
at the Work Site and in the manner specified in the Contract all necessary Work, labor, services,
transportation, equipment, materials, apparatus, machinery, tools, fuels, gas, electric, water, waste
disposal, information, data and other means and items necessary for [insert general description of the
Work here:] Professional Engineering&Design Services for Water System SCADA&Operations Rehabilitation
_ Project at 1200 Oak Brook Road Oak Brook,Illinois 60523 ; (2) to procure and furnish all permits,
licenses, and other governmental approvals and authorizations necessary in connection therewith
[except as otherwise expressly provided in Attachment A to the Contract]; (3)to procure and furnish
all Bonds and all certificates and policies of insurance specified in the Contract;(4)to pay all applicable
federal, state, and local taxes; (S)to do all other things required of the Contractor by the Contract; and
(6) to provide, perform, and complete all of the foregoing in a proper and workmanlike manner and in
full compliance with,and as required by or pursuant to,the Contract; all of which is herein referred to
as the "Work," whether or not any of said Work enter into and become component parts of the
improvement contemplated,then this obligation shall be null and void; otherwise it shall remain in full
force and effect.
For purpose of this bond, a Claimant is defined as one having a direct contract with the
Contractor or with a subcontractor of the Contractor to provide, perform, or complete any part of the
Work.
The Contractor and the Surety hereby jointly and severally agree that every Claimant that has
not had all just claims for the furnishing of any part of the Work paid in full,including without limitation
all claims for amounts due for materials, lubricants, oil, gasoline, rentals of or service or repairs on
machinery,equipment,and tools consumed or used in connection with the furnishing of any part of the
Work,may sue on this bond for the use of that Claimant,may prosecute the suit to final judgment for
APPENDIX 3
such sum or sums as may be justly due that Claimant, and may have execution therein; provided,
however, that the Owner shall not be liable for the payment of any costs or expenses of any such suit.
The provisions of 30 ILCS 550/1 and 2 of the Illinois Compiled Statutes shall be deemed inserted herein,
including the time limits within which notices of claim must be filed and actions brought under this
bond.
The Contractor and the Surety hereby jointly agree that the Owner may sue on this bond if the
Owner is held liable to,or voluntarily agrees to pay,any Claimant directly,but nothing in this bond shall
create any duty on the part of the Owner to pay any Claimant.
The Surety, for value received, hereby stipulates and agrees that no changes, modifications,
alterations,omissions,deletions,additions,extensions of time,or forbearances on the part of the Owner
or the Contractor to the other in or to the terms of the Contract;in or to the schedules,plans,drawings,
or specifications; in or to the method or manner of performance of the Work;in or to Owner-furnished
facilities,equipment,material,service,or site;or in or to the mode or manner of payment therefor shall
in any way release the Contractor and the Surety or either or any of them,or any of their heirs,executors,
administrators, successors,or assigns,or affect the obligations of the Surety on this bond, all notice of
any and all of the foregoing changes, modifications, alterations, omissions, deletions, additions,
extensions of time,or forbearances and notice of any and all defaults by the Contractor or of the Owner's
termination of the Contractor being hereby waived by the Surety.
Signed and sealed this 2nd day of December 2020
Attest/Wl CONTRACTOR
By- By.: Trotter&Associates Inc
4-Z Title: _-- /,s� By. c/
Attest/Wi ess: SURET(/
By: By: The ON s ty In nee Company
Title: �f• ��jLc��Clt�rG r By:
Shelly Henry , o y in-Fac
#34920193v2
This Power of Attorney limits the acts of those named herein,and they have no authority to
bind the Company except in the manner and to the extent herein stated.
Liberty
Mutual® The
Mutual Insurance Company
e Ohio Casualty Insurance Company Certificate No: 8203685-974822
-- SURETY West American Insurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,that
Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized
under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Stephanie
Farrell;Shelly Henry;Gordon Kurtz;Steven C.Kuykendall;David Wilson
all of the city of Carmel state of
execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,IN each
and allllunldertakin s bonds,are ne named,its true and lawful attorney-in-fact to make,
of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested bythe secretary of the Companiand other surety es in their own proper
persons.
IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this I I th day of May 2020 .
1NS1, Liberty Mutual Insurance Company
�JPc°aP°:,Rqy� yJPooAPO"tq�R9 P� aPop",'9y The Ohio Casualty Insurance Company
m West American Insurance Company
/
91 LU i
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2 1991NOIANP n
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a" m State of PENNSYLVANIA David M.Carey,Assistant Secretary 0
County of MONTGOMERY ss
C:
.— j On this 1]th da of May �
y y 2020 before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance e
Company,The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authorized so to do,execute the foregoing instrument for the purposes m u)
_ therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
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IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the day and year first above written. CL
N �o
O_ tll �p PA,S�, �M
�4" �gf3ptyy. ego COMMONWEALTH OF PENNSYLVANIA
O Q 4
6 tHa4 c+° �Kx p Notarial Seal
O OF Teresa Pastella,Notary Public /Y/'/ O C
Upper Marion Twp.,Montgomery County B ^a/� - M
N �L�� My commission Expires March 28,2021 y W
eresa Pastella,Nota Public
to ,.Ry
Member,Pennsylvania Association of Notaries ry O n3
This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual
Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows:
d) ARTICLE IV—OFFICERS:Section 12.Power of Attorney.to
O
Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the m
m President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety
> to any and all undertakings,bonds,recognizances and other surety obligations.Such attorneys-in-fact,subject to the limitations set forth in their respective powers of attorney,shall s N
o have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such co
Z U instruments shall be as binding as if signed by the President and attested to by the Secretary.An y representativey
provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officersgrant ng such power or authority.
a -in-fact under the Lr—00
6
ARTICLE XIII—Execution of Contracts:Section 5.Surety Bonds and Undertakings. o
Any officer of the Company authorized for that purpose in writing by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe, HcD
shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,
bonds,recognizances and other surety obligations.Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the
Company by their signature and execution of any such instruments and to attach thereto the seal of the Company.When so executed such instruments shall be as binding as if
signed by the president and attested by the secretary.
Certificate of Designation—The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in-
fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety
obligations.
Authorization—By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with
the same force and effect as though manually affixed.
I,Renee C.Llewellyn,the undersigned,Assistant Secretary,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do
hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and
has not been revoked.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 2nd day of December 2020
JpJ 0.NaJVgq PVtY INSU \NSUR
A a°° RaTF`n ho°RPo�r pgZ� f 4P o,Pony'9y
o A ve 3 Fo n t.Y 3° TFo m
y ; 1912go 0 1919 1991
�dJ)B`94 CHU`��.dD y�Z��NAMPSa�Lr Y �NDIANP' a� �yr. '.
C.Llewellyn,Assistant Secretary
LMS-12873 LMIC OCIC WAIC Multi Co 12/19 +�'