HomeMy WebLinkAbout03-0429 Johnson Floor Co. 03_ o`Fa°\
Section 00520
AGREEMENT FORM
AGREEMENT
THIS AGREEMENT is dated this 29th day of April , 2003 by and between the
City of Elgin, an Illinois Municipal Corporation (herein called "City")and Johnson Floor Co., Inc.
(herein called"Contractor"), a Corporation with a principal p ace of business at
9690 W. 55th Street, Countryside, IL 60525
WHEREAS, on[insert date of release]the City released an Invita ion for Bids entitled NEW
PUBLIC WORKS FACILITY, BID PACKAGE"C," BUILDING RE ODELING AND ADDITION and
WHEREAS, Contractor submitted a timely bid on March 24, 200 and
WHEREAS, the City Council has deemed Contractor to be the lo est price responsive and
responsible bidder for New Public Works Facility, Bid Item C-9, h-reinafter referred to as"Work;"
NOW THEREFORE, in consideration of the mutual covenants h;rein set forth, the sufficiency of
which is hereby acknowledges, the parties hereto hereby agree .s follows:
Article 1. Work.
Contractor shall complete the Work as specified in the Contract Documents .
The Work is generally described as follows:
Bid Item C-9, Resilient Tile, C-9.1, Ceramic Tile, Locker Ro.m, C-9.2, Ceramic Wainscot,
Restrooms, C-10, Carpeting Offices
Article 2. ENGINEER.
The Work has been designed by POSTL—YORE AND ASSOC!A TES, INC., ("Engineer").
Engineer shall act as City's representative and shall assume and provide such duties and
obligations to the extent provided in the Contract Documents.
Article 3. Work COMPLETION, LIQUIDATED DAMAGES, DELAYS AND DAMAGES.
3.1. Work Completion.The Work shall be completed as provide• in the Contract Documents.
The required Substantial Completion Date has been determined to be August 15, 2003. In the
event of any conflict between these dates and dates elsewhere i the Contract Documents, these
dates shall prevail. Time is of the essence of this Agreement.
3.2. Liquidated Damages. City and Contractor agree that as re.sonable liquidated damages for
delay(but not as a penalty)Contractor shall pay City$375.00 for each day beyond the time
specified for Substantial Completion in the Contract Documents. After Substantial Completion, if
Contractor shall neglect, refuse, or fail to complete the remainint Work within the times specified
New Public Works Facility
City of Elgin,Illinois 00520- 1 AGREEMENT FORM
in the Contract Documents (hereinafter referred to as"Contract Times")or any proper extension
thereof granted by City, Contractor shall pay City$375.00 for each day beyond the time for Final
Completion.
3.3. Delays and Damages. In the event Contractor is delayed in the prosecution and completion
of the Work or achievement of any Contract Times because of any delays caused by City or
Engineer, Contractor shall have no claim against City or Engineer for damages or contract
adjustment other than an extension of the Contract Times as provided herein and the waiving of
liquidated damages during the period occasioned by the delay.
Article 4. CONTRACT PRICE.
City shall pay Contractor$ 70,039.00 as indicated in the Contractor's Bid for completion
of the Work in accordance with the Contract Documents.
Article 5. PAYMENTS.
5.1. Payments. City shall make payments on the basis of Contractor's Applications for Payment
as recommended by Engineer, in conformance with the City of Elgin's accounts payable
schedule. All payments shall be based on the progress of the Work measured by the schedules
provided in the Contract Documents.
5.2. Retainaqe. City may withhold, from all payments prior to Substantial Completion, an amount
equal to up to ten percent(10%)of work completed, at City's sole discretion.
Upon Substantial Completion, City may release a portion of the retainage to Contractor, retaining
at all times an amount sufficient to cover the cost of the Work remaining to be completed, at City's
sole discretion.
The time for payment of any retainage from City to Contractor shall be at City's sole discretion.
Such payment shall not be unreasonably withheld.
5.3. Final Payment. The City shall not be required to make final payment prior to completion and
acceptance of the Work by the City.
Article 6. CONTRACT DOCUMENTS.
There are no Contract Documents other than those listed below. The Contract Documents which
comprise the entire agreement between City and Contractor concerning the Work consist of the
following:
a. This Agreement.
b. Certificates of Insurance.
c. Bonds.
d. Notice of Award.
e. Notice to Proceed.
f. General Conditions.
g. Supplementary Conditions.
New Public Works Facility
City of Elgin,Illinois 00520-2 AGREEMENT FORM
•
f. This Agreement shall be subject to and governed by the laws of the State of Illinois.
Venue for the resolution of any disputes and the enforcement of any rights arising out
of or in connection with the Agreement shall be in the Circuit Court of Kane County,
Illinois.
g. This Agreement shall not be construed so as to crea e a partnership,joint venture,
employment or agency relationship between the part es hereto except as may be
specifically provided for herein.
h. In the event of any conflict between any of the terms or provisions of this Agreement
and any other Contract Documents, the terms and p ovisions of this Agreement shall
control.
i. Indemnification. To the fullest extent permitted by la , Contractor agrees to and shall
indemnify, defend and hold harmless the City, its offi ers, employees, boards and
commissions, and the Architect/Engineer, its officers and employees, from and against
any and all claims, suits,judgments,costs,attorney'- fees, damages or any and all
other relief or liability arising out of or resulting from .r through or alleged to arise out
of any acts or negligent acts or omissions of Contrac or or Contractor's officers,
employees, agents or subcontractors in the perform.nce of this agreement. In the
event of any action against the City, its officers, employees,agents, boards or
commissions, or the Architect/Engineer, its officers o employees, covered by the
foregoing duty to indemnify,defend and hold harmle-s, such action shall be defended
by legal counsel of the City's and/or the Architect/En.ineer's choosing.
IN WITNESS WHEREOF, City and Contractor have signed this Agreement. One counterpart
each has been delivered to City, Contractor, Surety, and Engine-r.
This Agreement shall be effective on April 29, 2003
City: CONTRA TOR: ,-1Q 1.4/ ' J N
26 1L14 -Cr p el,2 t
By
By I AAAC'l It O✓)AV,
Title: Cot► �CtfiYA�P/�� Title: 4/ O�i L/ : . ,40,e
Address for giving notices Adress fir giving notices
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FEIN# ,
New Public Works Facility
City of Elgin,Illinois 00520-4 AGREEMENT FORM
•
Section 00610
PERFORMANCE BON II Bond No. SW6839
We, the undersigned, Johnson Floor Company, Inc.
(Name of Contractor)
9690 55th Street, Countryside, IL 60525-
(Address of Contractor)
Corporation (Corporation, Partnership, or Individual)
hereinafter called"Principal", and Fidelity. and Guarant Insurance Company
(Name of Surety)
500 W. Madison St. , Suite 2600, Chicago, IL 6'66-Address of Surety)
hereinafter called "Surety", are held and firmly bound unto t e CITY OF ELGIN, 150 Dexter Court,
Elgin. II 60120. hereinafter called"Owner". in the sum of
Seventy Thousand Thirty Nine and 00/100 Dollars ($ 80;039.00 ).
We hereby jointly and severally bind ourselves, our heirs, exe utors, administrators, successors, and
assigns.
Principal has entered into a certain contract with Ow er, dated the day of April
, 20 03 , a copy of which is attached hereto and made a part hereof, for the p cf known as: New
Public Works Facility, City of Elgin, Illinois, and Principal .nd Surety herebybind themselves to
Owner for the performance of the contract.
Now, therefore, if Principal shall well, truly and faithfully perform its duties, ail the
undertakings, covenants, terms, conditions, and agreements •f said contract during the original term
thereof, and any extensions thereof which may be granted by owner, with or without notice to Surety
and during the guaranty period set forth in the contract, and f it shall satisfy all claims, obligations,
requirements and demands incurred pursuant to such contr.ct, and shall fully indemnify and save
harmless Owner from all costs, damages, suits, causes of a tion and any and all other liability of
whatsoever nature, which it may suffer by reason of Principal s failure to do so, and shall reimburse
and repay Owner all outlay and expense which Owner may i cur in making good any default, then
this obligation shall be void; otherwise, this bond shall remain i full force and effect; provided,further,
that the said Surety for value received hereby agrees that no •hange, extension of time, alteration or
addition to the terms of such contract or to the work to be performed thereunder or the specifications
accompanying the same shall in any way affect its obligation on this Bond. Surety hereby waives
notice of any such changes, extensions of time, alterations or :dditions to the terms of such contract
or to the work or specifications provided for therein.
Provided, further, that no final settlement between the Owner and the Contractor shall
abridge the right of any beneficiary hereunder whose claim may be unsatisfied.
IN WITNESS WHEREOF,this instrument is executed on this 6 'h day of May ,2003.
CONTRACTOR AS PRINCIPAL SURE Y
Johnsonz:Floor Company, Inc. Fide ity and Guaranty Insurance Company
(Signature) (Signa ure) araa\ , ,/ 4.0 •
Name and Title: Name snd Title: Kel 4 A. obs
Attorney in Fact
SEAL SEAL
New Public Works Facility
City of Elgin,Illinois 00610- 1 PERFORMANCE BOND
Section 00612
PAYMENT BOND Bond No. SW6839
We, the undersigned,Johnson Floor Company, Inc.
(Name of Contractor)
9690 55th Street, Countryside, IL 60525
(Address of Contractor)
Corporation (Corporation, Partnership or Individual),hereinafter called"Principal", and
Fidelity and Guaranty
Insurance Company (Name of Surety) 500 W. Madison St. , Suite 2600, Chicago, IL 60661
(Address of Surety)
hereinafter called "Surety", are held and firmly bound unto the CITY OF ELGIN, 150 Dexter Court,
Elgin, IL 60120,hereinafter called "Owner", in the sum of ** Dollars
($ 70,039.00 1. We hereby jointly and severally bind ourselves, our heirs, executors,
administrators, successors and assigns.**Seventy Thousand Thirty Nine and 00/100
Principal has entered into a certain contract with Owner dated the 29 day of April
2003-:.,a copy of which is attached hereto and made a part hereof, for the project known as :
New Public Works Facility, City of Elgin, Illinois
Now, therefore, if Principal shall promptly make payment to all persons, firms, subcontractors,
and corporations furnishing materials for or performing labor in the prosecution of the work
provided for in such contract, and any authorized extension or modification thereof, including all
amounts due for all materials used in connection with the work, and shall promptly make payment
for all insurance premiums on said work, and for all labor performed in such work whether by
subcontractor or otherwise, then this obligation shall be void; otherwise this bond shall remain in
full force and effect.
Surety for value received hereby agrees that no changes, extension of time, alteration or addition
to the terms of the contract or to the work to be performed thereunder or the Specifications
accompanying the same shall in any way affect its obligation on this Bond, and it does hereby
waive notice of any such changes, extensions of time, alterations or additions to the terms of the
contract or to the work or specifications.
Provided, further, that no final settlement between the Owner and the Contractor shall abridge the
right of any beneficiary hereunder whose claim may be unsatisfied.
IN WITNESS WHEREOF, this instrument is executed on this 6th day of May
20 03.
CONTRACTOR AS PRINCIPAL SURETY
Johnson Floor Company, Inc. Fidelity and Guar. ty Insurance Company
(Signature) (Signature) �` ��' ,, 4.11,
Name and Title: Name and Title: -11 . Ja . .
Attorney in : •t
SEAL SEAL
New Public Works Facility
City of Elgin,Illinois 00612 - 1 PAYMENT BOND
me �u' POWER OF ATTORNEY
Seaboard Surety Company United States Fidelity and Guaranty Company
St.Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company
St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc.
St.Paul Mercury Insurance Company
Power of Attorney No. 23852 Certificate No. 1 7 7 4 5 0 3
KNOW ALL MEN BY THESE PRESENTS:That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York,and that
St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under
the laws of the State of Minnesota,and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,and
that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance
Underwriters,Inc.is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the "Companies"), and that the Companies do
hereby make,constitute and appoint
James Scheer,Richard M. Scheer,Dawn L.Morgan, Jennifer J.McComb,Bonnie Kruse,Michael J. Scheer, Stephen T.Kazmer,
James I.Moore,Peggy Faust,Kelly A.Jacob,Melissa A.Kotovsky,and Elaine Marcus
Countryside Illinois
of the City of ,State ,their true and lawful Attorney(s)-in-Fact,
each in their separate capacity if more than one is named above,to sign its name as surety to,and to execute,seal and acknowledge any and all bonds,undertakings,
contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the
performance of contracts and executing or guaranteeing bonds and undertakings rgquixed or*fitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF,the Companies have caused this instrument gned,� sealed i Y day of April 2003
Ti ° .
Seaboard Surety Company V `-, ` , '"fluted States Fidelity and Guaranty Company
St.Paul Fire and Marine Inssu 1 tom l tIV,} Fidelity and Guaranty Insurance Company
St.Paul Guardian Insuranc pante "`lt Fidelity and Guaranty Insurance Underwriters,Inc.
St.Paul Mercury Insurance Co' ,..'
�.��`p9.nfry RE 6 4 OJRM iRy,G9 Jp.: SU9� •
yT * fZ11VOR� y: ,yORA .••• < ;�i - -, v
HS X927 "'""•: IZ i t 'g PETER W.CARMAN,Vice President
m !'�ji< `:.SEAL o'; �`•SSILL'i �' < 195
State of Maryland
City of Baltimore THOMAS E.HUIBREGTSE,Assistant Secretary
On this 29th day of April 2003 before me, the undersigned officer,personally appeared Peter W. Carman and
Thomas E.Huibregtse,who acknowledged themselves to be the Vice President and Assistant Secretary,respectively,of Seaboard Surety Company,St.Paul Fire and
Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,United States Fidelity and Guaranty Company,Fidelity and
Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.;and that the seals affixed to the foregoing instrument are the corporate seals of
said Companies;and that they,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing the names of the
corporations by themselves as duly authorized officers. Fay
e /VI
In Witness Whereof,I hereunto set my hand and official seal. e` NOTA/�Y yo
My Commission expires the 1st day of July,2006. REBECCA EASLEY-ONOKALA.Notary Public
9E atv
86203 Rev.7-2002 Printed in U.S.A.
This Power of Attorney is granted under and by the authority of the following resolutions adopted b the Boards of Directors of Seaboard Surety Company,St.Paul
Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insur. ce Company,United States Fidelity and Guaranty Company,
Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.on .eptember 2,1998,which resolutions are now in full force and
effect,reading as follows:
RESOLVED,that in connection with the fidelity and surety insurance business of the Company,all ands,undertakings,contracts and other instruments relating
to said business may be signed,executed,and acknowledged by persons or entities appointed as A torney(s)-in-Fact pursuant to a Power of Attorney issued in
accordance with these resolutions. Said Power(s)of Attorney for and on behalf of the Company ay and shall be executed in the name and on behalf of the
Company,either by the Chairman,or the President,or any Vice President,or an Assistant Vice Pr sident,jointly with the Secretary or an Assistant Secretary,
under their respective designations. The signature of such officers may be engraved,printed or litho i aphed. The signature of each of the foregoing officers and
the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attorney(s)-in-Fact for purposes
only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and subject to any limitations set forth therein,any
such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be v.lid and binding upon the Company,and any such power so
executed and certified by such facsimile signature and facsimile seal shall be valid and binding u.F n the Company with respect to any bond or undertaking to
which it is validly attached;and
RESOLVED FURTHER,that Attorney(s)-in-Fact shall have the power and authority,and,in an, case,subject to the terms and limitations of the Power of
Attorney issued them,to execute and deliver on behalf of the Company and to attach the seal of th Company to any and all bonds and undertakings,and other
writings obligatory in the nature thereof,and any such instrument executed by such Attorney(s)-in- act shall be as binding upon the Company as if signed by an
Executive Officer and sealed and attested to by the Secretary of the Company.
I,Thomas E.Huibregtse,Assistant Secretary of Seaboard Surety Company,St.Paul Fire and Mari e Insurance Company,St.Paul Guardian Insurance Company,
St.Paul Mercury Insurance Company,United States Fidelity and Guaranty Company,Fidelity and Gu . ty Insurance Company,and Fidelity and Guaranty Insurance
Underwriters,Inc.do hereby certify that the above and foregoing is a true and correct copy of the Pow.r of Attorney executed by said Companies,which is in full force
and effect and has not been revoked.
IN TESTIMONY WHEREOF,I hereunto set my hand this 6th day of Ma ,2003
gtr+Ery „FF P�ISS P�,IIJUq 5"4 ,,�(y pyo . 1`t I•,,, /
i 9'27 R... +�oPco��i�s w"�a*�N+r��m j .F`3� 0 -
"F �! t"`g i 1977 w "41951TED:
Ni elt` AseALte `1S81LLii �j 51
OF ti ~'� `0 �`fs ae"! `' ~'+� ���r!AIN "ys *�` , ,; Thomas E.Huibregtse,Assistant Secretary
To verify the authenticity of this Power of Attorney,call 1-800-421-3880 and ask for the Power of attorne.r clerk. Please refer to the Power of Attorney number,
the above-named individuals and the details of the bond to which the power is attached.
' O1„
STATE OF ILLINOIS }
}
COUNTY OF COOK }
On May 6, 2003, before me, a Notary Public in and for said ounty and State, residing
therein, duly commissioned and sworn, personally appeared elly A. Jacobs,known to
me to be Attorney-in-Fact of Fidelity and Guaranty Insuranc- Company, the corporation
described in and that executed the within and foregoing inst ment, and known to me to
be the person who executed the said instrument in behalf of'he said corporation, and he
duly acknowledged to me that such corporation executed th,same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the
day and year stated in this certificate above.
My Commission Expires March 29, 2004 Ct u, cam(
Notary PubliI
OFFICIAL SEAL
DAWN L MORGAN
NOTARY PUBLIC, LUNOiS
MY COMMISSION EXPIRES:03l29/°4STATEOFI
Shaul Surety St.Paul Fire and Marine Insurance Company Unite. States Fidelity and Guaranty Company
St.Paul Guardian Insurance Company Fideli y and Guaranty Insurance Company
St.Paul Mercury Insurance Company Fideli and Guaranty Insurance Underwriters,Inc.
Seaboard Surety Company St.Pa 1 Medical Liability Insurance Company
Bond No. SW6839
RIDER CONTAINING
DISCLOSURE NOTICE OF TERROR'S COVERAGE
This disclosure notice is required by the Terrorism Ris Insurance Act of 2002 (the
"Act"). No action is required on your part. This Disclo.ure Notice is incorporated in
and a part of the attached bond, and is effective the date• of the bond.
You should know that, effective November 26, 2002, any losses covered by the
attached bond that are caused by certified acts of terrorism would be partially
reimbursed by the United States under a formula estaolished by the Act. Under this
formula, the United States reimburses 90% of cover:d terrorism losses exceeding
the statutorily established deductible paid by the ins rance company providing the
coverage.
Under the Act, there is a cap on our liability to pay for overed terrorism losses if the
aggregate amount of insured losses under the Act exc-eds $100,000,000,000 during
the applicable period for all insureds and all insurers combined. In that case, we will
not be liable for the payment of any amount which exc-eds that aggregate amount of
$100,000,000,000.
The portion of your premium that is attributable to coverage for acts of terrorism is
$0.00.
IMPORTANT NOTE: THE COST OF TERRORISM OVERAGE IS SUBJECT TO
CHANGE ON ANY BONDS THAT PREMIUM IS CH RGED ANNUALLY.
c
This certificate is axeeuted by Liberty Mutual Insurance Group as meaects such insurance as is afforded by those companies. BM006*
Certificate of Insurance
This certificate it issued as a matter of information only and confers no rights upon you the certificate holder. This certificate is not en insurance policy and does not amend.extend,or alter the coverage
afforded by the policies listed below.
This is to certify that(Name sad address of Insured)
JOHNSON FLOOR COMPANY INC • Liberty
9690 W 35TH STREET 'ii
COUNTRYSIDE,IL 60525 ri" Mutual..
is,at t s issue date of this certificate,insured by the Company under the polioy(i s)listed below. The insurance afforded by the listed policy(ies)it subject to all their M?mt,occlusions and conditions
AM is net altered by any eenuiecnmnt tern or condition awn contract or other document with respect to which this ceredcshs may be issued"
Expiration Type Expiration Date(s) Polity Number(s) Limits of Liability
Continuous* 10/01/2003 WC2-1 4 1-0 I 0634-262 Coverage afforded ender WC law of Employers Liability
Extended the following states: • Bodily Injury By Accident
X Policy Tenn IL 51,000,000 Each Accident
Bodily Injury By Disease
$1,000,000 Policy Limit
Workers Compensation Bodily Injury By Disease
35,000,00° Each Terson
General Aggregate-Other than Prod/Completed Operations
General Liability
Products/Completed Operations Aggregate
HClaims Made
Occurrence Bodily Injury and Property Damage Liability Per
Oeeurr nce
Retro Date Personal and Advertising Injury Per Person/
Organization
Other Liability Other Liability
Each Accident-Single Limit-B.I.and P.D.Combined
Automobile Liability
Each Person
•Owned
.._. Non-Owned Each Accident or Occurrence
Hired
Each Accident or Occurrence
C JOB:NEW PUBLIC WORKS FACILITY-1900 HOLMES RD-ELGIN ILLINOIS
0
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*ado oertidcata expiration date is continuous or extended term,you will be notified if coverage is terminated or reduced betbte the certificate expiration date. However,you will not be notified eternally
of the continuation of coverage,
Special Notice-Ohio:Any person who.with intent to det'eud Of knowing that ha/she it Aoilitating a fraud against an insurer,submits an application or filet a claim containing a thiw or
deceptive atabmerd is guilty of insurance fraud.
important inibnutatlen to Florida policyholders and tandem holden:in the went you haw any qusstioss or need information about this certificate for any lesson,please contact your local roles
produao,whoa mrnc end telephone ember appears in the lower left corner of this certificate. The appropriate local sake office mailing address may Alto be obtained by catlins this numbs,"
Notice of cancellation: (not applicable unless a number of days is entered below). Before the stated expiration date the company will net canal or reduce the insuramie afforded-under the above
policies until at least 30 days notice of such oaoocflation his been mailed to; y k
J�
Office: TtNLEY PARK,IL Phone: 708-342-0539iktir,tcAts,
/)2 - +02-0,04:241--X
Certificate Holder: Josephine M.Thompson
CITY OF ELGIN 1 Authorized Representative
150 Dexter Court
ELGIN, IL 60120
Date Issued: 05/01/2003 Prepared By: SC
TO'd ZS:9T 200Z T 6PW ZSZOZVc802.T:XPi -ll(llfW Al2f38I1