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HomeMy WebLinkAbout87-0513 Illinois Hydraulic Construction _ oQ� FORM OF CONTRACT THIS AGREEMENT, made this Thirteenth day of May , in the year Nineteen Hundred Eighty Seven, by and between Illinois Hydraulic Construction Co. a corporation , organized and existing under the laws of the State of/ Delaware , hereinafter called the "Contractor", and the City of Elgin WITNESSETH, that the Contractor and the City of Elgin for the consid- eration stated herein mutually agree as follows: Article 1. Statement of Work The Contractor shall furnish all labor , materials , equipment and services , and perform and complete all work required for Basement Improvements to the Elgin Public Museum located in Lord' s Park (Base Bid only) . Article 2. The Contract Price The City of Elgin shall pay to the Contractor for the performance of the Contract , in current funds, subject to additions and deductions as provided in the specifications, the sum of Twenty-nine Thousand four hundred and 00/100 Dollars ($29,400.00) . Article 3. Contract Documents The contract shall consist of the following parts: 1 . This Instrument. 2. Invitation to Bid #87-55 (Base Bid). 3. Amendment #1. 4. Purchase Order #68937. FORM OF CONTRACT This Instrument , together with the other docunents enumerated in this Article 3, which said other docunents are as fully a part of the contract as if hereto attached or herein repeated, from the contract . In the event any provision in any component part of this contract conflicts with any provision of any other component part , the provisions of the component part first enumerated in this Article 3 shall govern, except as otherwise specifically stated. The various provisions in Addenda shall be contrued in the order of preference of the comp- onent part of the contract which each modified. CONTRACTOR Attest: „_...g By: nut;�� ` ��5 Title: Thomas S. Rakow, President � �' ' '°' r Business Address: Illinois Hydraulic Const.Co. " .may ` ,,. '�^ � ' Street : P.0. Box 545 �' Elgin, IL 60121 4 i_i o City: `"�?�ir•e ,V., CITY OF ELGIN By : / ) Title: C' y anager Bus• - s Address : of Elgin Street: 150 Dexter Court City : Elgin, IL 60120 -2- INSURANCE FROM Continental Casualty Company CNACNA Plaza Chicago, Illinois 60685 THE AMERICAN INSTITUTE OF ARCHITECTS BOND NO. 702 41 .42 AIA Document A311 Performance Bond KNOW ALL MEN BY THESE PRESENTS: that I1 . Hydraulic Construction (Here insert full name and address or legal title of Contractor) Company, P. O. Box 545, Elgin, Il . 60121 as Principal, hereinafter called Contractor,and, CONTINENTAL CASUALTY COMPANY, CNA Plaza, Chicago, Ill. 60685 as Surety, hereinafter called Surety, are held and firmly bound unto The City of Elgin, 150 Dexter Court , (Here insert full name and address or legal title of Owner) Elgin, Illinois 60120 as Obligee, hereinafter called Owner, in the amount of Twenty—Nine Thousand Four Hundred & no/100 Dollars ($ 29, 400.00 ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Il . Hydraulic Construction Company Contractor has by written agreement dated May 13, 1987, entered into a contract with Owner for General Contract for basement improvements at Elgin Public Museum in Lord ' s Park. in accordance with Drawings and Specifications prepared by City of Elgin, I1 . (Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA FEBRUARY, 1970, ED. •THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y.AVE., N.W.,WASH., D.C. 20006 Form 1-23195-C NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or defaults under the contract or contracts of completion extension of time made by the Owner. arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; Whenever Contractor shall be, and declared by Owner but not exceeding, including other costs and damages to be in default under the Contract, the Owner having for which the Surety may be liable hereunder,the amount performed Owner's obligations thereunder, the Surety set forth in the first paragraph hereof. The term "balance may promptly remedy the default, or shall promptly of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor 1 i Complete the Contract in accordance with its terms under the Contract and any amendments thereto, less and conditions, or the amount properly paid by Owner to Contractor. 2) Obtain a hid or bids for completing the Contract in Any suit under this bond must be instituted before accordance with its terms and conditions, and upon de- the expiration of two (2) years from the date on which termination by Surety of the lowest responsible bidder, final payment under the Contract falls due. or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible No right of action shall accrue on this bond to or for bidder, arrange for a contract between such bidder and the use of any person or corporation other than the Owner, and make available as Work progresses (even Owner named herein or the heirs, executors, adminis- though there should be a default or a succession of trators or successors of Owner. Signed and sealed this 29th day of May 1 '$7 t 3 , ,� s I1 . Hydraulic Construction'�y}yp�an ri i ,. ; (Principal) , aooN� bt fitness) ` 'AO (Title) $- 72/4.(449t(J CONTINENTAL CASUALTY COMPANY f (Surety) semi ' �j(wit oo, (Title) lenn A. Evans Attornv—i n—zi.,t: THIS BOND HAS BEEN REPRODUCED BY PERMISSION OF THE AMERICAN INSTITUTE OF ARCHITECTS • ,INSURANCE FROM Continental Casualty Company CNA CNA Plaza Chicago, Illinois 60685 THE AMERICAN INSTITUTE OF ARCHITECTS `f111j/ll� ui a p 1 BOND .NO. 702 4).A 42- AIA Document A311 Labor and Material Payment Bond THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that I1 . Hydraulic Construction (Here insert full name and address or legal title of Contractor) Company, P. O. Box 545 , Elgin, Il . 60121 as Principal, hereinafter called Contractor, and, CONTINENTAL CASUALTY COMPANY, CNA Plaza, Chicago, Ill. 60685 as Surety, hereinafter called Surety, are held and firmly bound unto The City of Elgin, 150 Dexter Court, Elgin, Illinois 60120 (Here insert full name and address or legal title of Owner) as Obligee, hereinafter called Owner, for the use and benefits of claimants as hereinbelow defined, in the amount of Twenty—Nine Thousand Four Hundred & n100—Dollars ($ 29, 400.00 ), (Here insert a sum equal to at least one-half of the contract price) for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, I1 . Hydraulic Construction Company Principal has by written agreement dated May 13, 19 87, entered into a contract with Owner for General Contract for basement improvements at Elgin Public Museum in Lord' s Park. in accordance with Drawings and Specifications prepared by City of Elgin, I1 . (Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. MA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA FEBRUARY,1970, ED.•THE AMERICAN INSTITUTE OF ARCHITECTS,1735 N.Y.AVE., N.W.,WASH., D.C.20006 Form 1-23196-C NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Con`ract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1. A claimant is defined as one having a direct con- accuracy the amount claimed and the name of the party tract with the Principal or with a Subcontractor of the to whom the materials were furnished, or for whom Principal for labor, material, or both, used or reasonably the work or labor was done or performed. Such notice required for use in the performance of the Contract, shall be served by mailing the same by registered mail labor and material being construed to include that part or certified mail, postage prepaid, in an envelope ad- of water, gas, power, light, heat, oil, gasoline, telephone dressed to the Principal, Surety or Owner, at any place service or rental of equipment directly applicable to the where an office is regularly maintained for the trans- Contract. action of business, or served in any manner in which legal process may be served in the state in which the 2. The above named Principal and Surety hereby aforesaid project is located, save that such service need jointly and severally agree with the Owner that every not be made by a public officer. claimant as herein defined, who has not been paid in b) After the expiration of one (1) year following the full before the expiration of a period of ninety (90) date on which Principal ceased Work on said Contract, days after the date on which the last of such claimant's it being understood, however, that if any limitation em- work or labor was done or performed, or materials were bodied in this bond is prohibited by any law controlling furnished by such claimant, may sue on this bond for the construction hereof such limitation shall be deemed the use of such claimant, prosecute the suit to final to be amended so as to be equal to the minimum period judgment for such sum or sums as may be justly due of limitation permitted by such law. claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses c) Other than in a state court of competent jurisdiction of any such suit. in and for the county or other political subdivision of the state in which the Project, or any part thereof, is 3. No suit or action shall be commenced hereunder situated, or in the United States District Court for the any claimant: district in which the Project, or any part thereof, is sit- byuated, and not elsewhere. a) Unless claimant, other than one having a direct contract with the Principal, shall have given written 4. The amount of this bond shall be reduced by and notice to any two of the following: The Principal, the to the extent of any payment or payments made in good Owner, or the Surety above named, within ninety (90) faith hereunder, inclusive of the payment by Surety of days after such claimant did or performed the last of mechanics' liens which may be filed of record against the work or labor, or furnished the last of the materials said improvement, whether or not claim for the amount for which said claim is made, stating with substantial of such lien be presented under and against this bond. Signed and sealed this 29th day of May 19 ;87 ,;.-. S. I1 . Hydraulic Construction;comp&r'iy; .4 (Principal) \— _ 1(5eat �PQ aa(Witness) nn ' 1,4r� t I a, tle) '�' ' CONTINENTAL CASUALTY COMPANY . . '# / (Surety) :4:rg ""/7(Witte! . �'.. 0ii,,4;, Thu 4,t i' (Title) ' !, j`c,,`:: Glenn A. Evans Attorney--i, -- ° * I, THIS BOND HAS BEEN REPRODUCED BY PERMISSION OF THE AMERICAN INSTITUTE OF ARCHITECTS • Continental Casualty Company IA'Z/RtA'CSPROM AN ILLINOISCOUPORATION POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY•IN•FACT Know All Men by these Presents, That CON'(INENTAL CASUALTY COMPANY, a corporation duly organized and existing under the,• '.laws of the State of Illinois, and having its princ pal office in the City of Chicago, and State of Illinois, does hereby mak , constitute and appoint Glenn A. Evans, Individ'ra.l. .,y�_.----.._.._.... • of South Holland, Illinois its true and lawful Attorney•in•Fact with full powe and authority hereby conferred Ii.'sit;n, seal and execute in its behalf bonds. under takings and other obligatory Instruments of similar nature as follows: Wi .lout Li.tiatrt t_ions and to bind CONTINENTAL CASUALTY COMPANY thereby as fully and to the semi extent as if such instruments were signed by the duly authorized officers of CONTINENTAL CASU/.•LTY COMPANY and all the acts r•f said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executer: pursuant to and hi/authority of :ire following By•Law duly adopted by the Board Of j. Directors of the Company. "Article IX---L eruluul trl floemments Section 3. Appointment of Attorney•in•fact. The President or a Vice President may, from time to time, appoint by written certificates attorneys•in•fact to act in behalf of the Company in the execution of policies of insurance. bonds, undertakings and other obligatory instruments of like nature. St.ch attorneys•in fact, :subject to the limitations set forth in their respective certificates of authority shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President ' r any Vice Pre•tutenl or the Ilo;,rd of Directors may at any time revoke all power eon' authority previously given to any attorney•i'•,•r;lct." This Power of Attorney is signed and scaled) by facsimile railer .,rid by Ibe, a, '.hority of the following Resolution adootecl by lJrr Board of Directors of the Company at a meeting iuiy called and held nn the 3rd d>y of April, 1957. "Resolved, that the signature of the Pn sidenl or .1 Vrr,• l'rr•yi,l nl Anti It'• seal of the Company nay be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the .iy•Laws. and the signature of the Secretary or a?n Assistant Secretary and the seal of the Cor-•.aany may be affixed by facsimile o any certificate of any such power and any Sucl' power or certificate bearing such facsimile r:gnature and seal shall be valid rind binding on the Company An' set^h ;:r,y': • executed and sealed and certified by certific:Ite so executed and sealed shall. nth re s: .': a .y et-a ar undertaking CC it Is attached, continue to be valid and binding on the Company." In Witness Whereof, CONTINENTAL CASUAL"Y COMPANY has caused these r..•:sents to be signed by its Vice President and corporate seal to be hereto affixed to this •—__.,:]�i)_. .. day of ..... lanuar• 83 /`/�,:•�r�(�'\ CO ITINENTA U LTY COMPANY State of Illinois County of Cook f ss Wall Vice President. On this 27th _—_day of__ January / R. J. Wall 19 83_._, before me personally came to me known, who, being by m e .I„iy ;,:•,,,,,• ,I,<I rlei,osr. and say: that he resides in the Village o l Western Springs ';described in and hich executed)the of Illinois; inetnlrne.nhtc u,,t i,r k,,,,.,•, r the of,,COf CONTINENTAL Car L ration: that the seal affixede to the said ;`instrument is such corporate seal; that it was so affixed pursuant to Ow Said instal neat is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and t;l,rt he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. 0 • C\ rroTAnvPULtLIC l..c:slie A. Smith Notary Public. A Cf:tllfllcAlt: Hy Commission Expires November 12, 19S. I. P. F. Granahan that the Power of Attorney herein above set Assistant Sccnilaly of CONTINENTAL CASUALTY COMPANY, do hereby certify Company and the Resolution of the Board off Direc,orsliset�fo�thcin�salidtAolwer ofer rAth riney are at tstill inion 3 oforce.eln testimony 9 he whereof lo have hereunto subscribed my name and affixed the seal )f the said Company this 29th, day of May . 19 87 • •• e o r'. Granahan Assistant Secretary. �SCA. r` 'arm 1.21142•A • • • rE.. :•r'r . r'r .a.i ' •. STATE OF ILLINOIS COUNTY OF COOK ss: NANCY M .EY.A11.5._. . Notary Puhlic in mci for the state and county aforesaid, do hereby certify dial _ ()I SOUTH HOLLAND, _IL - - — — • who is personakly known I Ili , alipu.art'd loclOre this day and acknowledged that he signed, sealed.and ,cicliv- ered he foit•going instrument as his rice .41111 volunialy act as ATTORNEY-IN-FACT „ of the Continental Casualty Companx0p0 -r , • and as the free and voluntary act oi the p • Continental Casualty Company , -- the uses anc purposes therein serfott!:;• •';'1"— ( ivc41 under my band and Milaital Seal tlik Z9th _ day of May : A4,t) •• 6 :-//' -231 •;.f. My commissitm expires __JOY_ 9, .1987_. • • 111A1 JuRAT , II 4414 4 is. •fu 2.:1 2M • • • • • • • • • • — J . a5.T � 04k C . '�4w, ' -r:!tMi�-3YI A'� r'ti_a F°E-•Ys2 • . .7. '.. PO� 4" 4� �v . T y • 9KR ? iJSUc DNTE (MMiJD,YY/ 4. *1,''O1 , �CATEICIF510E ^ � � - - i -° . .. i' ,.(•.Y r�- Y .r 06 04 87 yn;r . PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS - ASSURANCE AGENCY, LTD. (3-J CO. ) EXTEND OR AL,• NO RIGHTSOTER N THE COVERAGE AFFORDED BYTHE CERTIFICATE HLDER.THISCTHEIPOLICIES BELOW.DOES NOTFICATE AMEND. � . 1114 N. ARLINGTON HEIGHTS ROAD , ARLINGTON HEIGHTS , IL 60004 COMPANIES AFFORDING COVERAGE -:4 I 1 COMPANY A CASUALTY INSURANCE COMPANY y LETTER -` e COMPANY GREAT AMERICAN SURPLUS LINES INS. CO. INC. ii.. INSURED LETTER B .x.. i ILLINOIS HYDRAULIC CONSTRUCTION COMPANY c FIREMANS FUND INSURANCE COMPANY LETTER a COMPANY, INC. -i P.O. BOX 545 COMPANY D ; B. ELGIN, IL 60121 LETTER COMPANY E �s LETTER :ACOVERAGESW ''°` •.P'> .:' .;t _roc Ya•-.r3• ,•':? -:*1-''''''''. ,,. ;41 c 1 Ai '". ,ys!1:1C'Pt' .t.. ''''t''yd J.73+F g:r, : .. . THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. %-�. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY - BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS,AND CONDI- - a: TIONS OF SUCH POLICIES. - '• CO POLICY EFFECTIVE POLICY EXPIRATION LIABILITY LIMITS IN THOUSANDS •`'<T .LTR TYPE OF INSURANCE POLICY NUMBER DATE(MM/DD/Y) DATE IMM'DD-YYI EACH OCCURRENCE AGGREGATE is GENERAL LIABILITY BODILY `a' nu COMPREHENSIVE FORM GAL 86 20192 10/1/86 10/1/87 INJURY $ $ p U PREMISES/OPERATIONS PROPERTY A.` LIUNDERGROUND DAMAGE $ $ `•,- EXPLOSION 8 COLLAPSE HAZARD Id PRODUCTS/COMPLETED OPERATIONS 1, 0 0 0 1 , 0 0 0 A:1 U CONTRACTUAL COMB NED $ $ ,. Ili INDEPENDENT CONTRACTORS - Ea BROAD FORM PROPERTY DAMAGE 1 , 000 ' ' till PERSONAL INJURY PERSONAL INJURY $ k. AUTOMOBILE LIABILITY eDC A © ANY AUTO GAL 86 20192 10/1/86 10/1/87 ;x'oEoso•; $ �t ■ ALL OWNED AUTOS(PRIV PASS) I K.C'.t r.1 III ALL OWNED AUTOS IOTHER THAN1 P INJ�P' ' / RAAEf. g PRIV PASS k,', ti © HIRED AUTOS PROPERTY s . .i- = X NON-OWNED AUTOS DAMAGE $ t, `i GARAGE LIABILITY 1 0 0 0 '�` • I COMBINED $NED � t L EXCESS LIABILITY I _ B ' UMBRELLA FORM I 6CX03756 I 10/1/86 10/1/8 / IE16.=D i , 000 I = 1, 000 ICOMBNEDI4J $ . OTHER THAN UMBRELLA FORM STATUTORY WORKERS' COMPENSATION $ EACH ACCIDENT) . A AND WC 86 20192 10/1/86 10/1/87 EMPLOYERS' LIABILITY $ O 1 (DISEASE-POLICY L(M.T) $ D 1 1 (DISEASE-EACH EMPLOYEE) .'' : C R ESS LIABILITY XLX1750802 10/1/86 10/1/87 $2 , 000 , 000 EXCESS y OF $1 , 000 , 000 ` DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS ii BASEMENT RENOVATION FOR ELGIN PUBLIC MUSEUM, LANDS PARK, ELGIN, IL. *IT IS AGREED THAT ELGIN PUBLIC MUSEUM IS ADDED AS AN ADDITIONAL INSURED WITH RESPECTS TO OPERATIONS PERFORMED . BY THE CONTRACTOR IN CONNECTION WITH THIS PROJECT. • *=. `CATS MOLDER•:'`' .r,.r:,r,..r. ::�1: ..: '.`.c; 14 t,;t4 y:0_s4 ANcELLATioN fr i-W,., `�..�; �;�' x .�.: .r-�,. •#�s'. ✓ �3 ., - `,-- 4 ::',' SHOULD ANY OF THE ABOVE DEED POLICIES BE CANCELLED BEFORE THE EX- a CITY OF ELGIN ;n PIRATION DATE THEREOF, HE , SUING COMPANY WILL ENDEAVOR TO 'Y.i • 150 DEXTER COURT3 MAIL 0 DAYS WRITTEN N 'ICE T )THE CERTIFI ' HOLDER NAMED TO THE ^, LEFT,- FAILURE TO MAILS r'H T E SHALL IMP^- •OBLIGATION OR LIABILITY 3: ELGIN ILLINOIS 60120 3-, OF A �ji'D UPON THE CO —N :.1TS AGENTS ' ' • •RESENTATIVES. •.;� -. AUTHORIZ ` - •4,:. ..7!►k'.i.' < _ 1 G c, N� ASSUREt` .:.i:`1' LTD. xr ".RD2s0841;� �?-' fLt°rp4e" } -A v•+K.'" 477: tc . y,Ia. � ` ..v"!..11 q �, ny .' 1 taN min ':4.1. -�n-t--. rr,Y rr1, ^_..-.. r :y, 5= 'r•'.t. y.v.r. .t-.. .-,:vs R,-?tc,„ '. "-e,.E+ ;aS_ _ , :..n. ��'K a :. .1 li 1 5 1987