80-0902 Aero Blacktop Paving 1 ,
• '' 8� -09oa
CONTRACT
THIS AGREEMENT made and entered in thisday of J k - ,
195g, by and between the City of Elgin, a municipal corporation o$ Counties
of Kane and Cook, State of Illinois, hereinafter designated "City" party of
the first part, and
keit) VarS(----4 „e__
hereinafter designated "CONTRACTOR", party of the second part;
WITNESSETH:
That said CONTRACTOR for and in consideration of the payments to be made
by the said CITY as hereinafter set forth hereby covenants and agrees to provide
all necessa
VA-8Atli5i
- t o4 �-
in the City of Elgin, Kane and Cook Counties, Illinois, and to do all work and
furnish all labor and material required to conform with the plans, specifications
and bidders proposal for the doing of said work hereinafter referred to and
made a part hereof.
The CONTRACTORS proposal is hereby referred to and made a part of this
contract and the scheme, method, amount and rate of payment for material and
labor furnished as therein set forth is hereby agreed upon and accepted by the
respective parties as being the price to be paid for said materials and services
in the construction of said improvement.
The CONTRACTOR has entered into and herewith tenders a bond of even date
herewith, in the penal sum of
to insure the faithful performance of all covenants and agreements contained in
this contract, which said bond is hereby referred to and made a part of this
contract.
The CONTRACTOR further agrees that it will save and keep harmless the CITY
from any and all claims that may arise on the part of any of its employees,
agents or servants, by reason of injury, death or any claim while in pursuit of
this contract and that all employees, agents or servants of the CONTRACTOR shall
in no manner be construed to be employees of the CITY.
1-C
•
CONTRACT Continued
It is expressly understood and agreed that the entire improvement shall
be done in a thorough and workman like manner under the direction of the City
Engineer of the City of Elgin, Illinois. All loss and damage arising out of
the nature of the work to be done, or from any detention or unforeseen ob-
struction or difficulties which may be encountered in the prosecution of the
work, or from the action of the elements, shall be sustained by the said
CONTRACTOR.
The CONTRACTOR shall furnish public liability insurance in the principal
sum of $100,000 to $300,000 with insurance carrier thereon satisfactory to
said City of Elgin, Illinois, indemnifying and saving harmless the said City
of Elgin from any and all personal injury claims arising thereunder by reason
of the performance of this contract.
The CONTRACTOR shall furnish the City of Elgin with property damage
coverage in the sum of $50,000.00 to $100,000.00 with an insurance carrier
thereon acceptable to said City of Elgin, Illinois.
The CONTRACTOR shall furnish satisfactory proof of insurance coverage
under the workman's compensation laws of the State of Illinois to all em-
ployees of the CONTRACTOR.
The place and places where said work shall be accomplished shall be done
as set forth in the schedules, plans, specifications and special provisions
hereto attached and made a part hereof, and no variations thereof shall be made
except on written direction of the City Engineer of the City of Elgin, Illinois,
and approval of the said City of Elgin.
For one (1) year subsequent to the completion of said installation the
CONTRACTOR agrees to make good all defects of material and workmanship in con-
nection with said installation.
This contract shall extend and be binding upon the successors and assigns
of the respective parties hereto.
IN WITNESS WHEREOF the said City of Elgin, Kane and Cook Counties, Illinois,
has caused this instrument to be executed by its Mayor and the seal thereof
attached thereto, attested by its Clerk and the CONTRACTOR has executed this in-
strument on the date above mentioned.
It is also understood and agreed that the Notice Inviting Bids, Instructions
to Bidders, Proposal, General Provisions, Detailed Specifications, and Contract
Bond hereto attached, and the Plans for thAimprovements of Tennis Courts at Lords
Park, are all essential documents of this contract and are a part hereof.
•
CONTRACT Continued
(SEAL) The City of Elgin, I' lino s
Attest:
ity 'nage
• City Clerk, Ci of Elgin
The Contractor
(If an Individual)
(SEAL)
An Individual doing business under
the firm name of C;,
•
`�H PJ
•°
x' ,'�•i • " i-. s (If a Corporation) r
•tC60p0126�;, CORPORATE NAME t,
Attest "
:"„' ._
�`�XJ �.Ci �� �,u• J BY .,y J
Secretary President
(If a Co-Partnership)
(SEAL)
(SEAL)
•
• (SEAL)
Partners doing business under the
firm name of
(SEAL)
Partner
(SEAL)
Partner
•
•
3-C
•
• CONTRACT BOND Bond #S B A14 7 9 0
..
I
KNOW ALL MEN BY THESE PRESENTS, That we Aero Blacktop Paving
a corporation organized and existing under the laws of the State of
Illinois
as Principal, and Heritage Insurance Co. of America
a corporation organized and existing under the laws of the State of
Illinois , with authority to do business in
the State of Illinois, as Surety, are held and firmly bound unto the City
of Elgin, State of Illinois, in the penal sum of twelve thousand one hundred
fifty seven and no/100 Dollars ($12 ,157. 00 ) lawful
money of the United States, well and truly to be paid unto said City of
• Elgin, Kane and Cook Counties, Illinois for the payment whereof we bind
ourselves and each of us, our heirs and each of our heirs, executors,
administrators, successors, and assigns, jointly and severally, firmly by
these presents.
Whereas, the said Principal has by agreement dated 14th day of
August 19 80 entered in a contract with City of Elgin, Kane and Cook
Counties, Illinois tennis court improvements , Lord' s Park #120
according to plans and specifications as prepared by the City Engineer, which
plans and specifications are more fully set out in said contract and which by
reference thereto is hereby made a part hereof, as fully as if specifically
• set out herein.
1-CB
•
•
CONTRACT BOND Continued
NOW THEREFORE, the condition of this obligation is such that 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 constructing such work, and shall commence and complete the work
within the time prescribed in said contract, and shall pay and discharge all
damages, direct and indirect, that may be suffered or sustained on account of
such work during the time of the performance thereof and until the said work
shall have been accepted, and shall hold the City of Elgin and the said
Council, harmless on account of any damages, and shall in all respects fully
and faithfully comply with all the provisions, conditions, and requirements
of said contract, then this obligation shall be null and void otherwise it
shall remain in full force and effect.
No addition to or change in work aforesaid nor any overpayment or claimed
overpayment by the City of Elgin, Kane and Cook Counties, Illinois, to con-
tractor or those claiming by, through or under said contractor and no extension
of time or other indulgence, nor anything whatsoever done or omitted by said
City shall operate to relieve sureties hereunder of their obligation by virtue
of premises, it being the absolute and unequivocal purpose of the parties hereto
. to assure to said City full and complete performance of contract aforesaid or
payment of all damages, not exceeding penal sum hereof, which may be suffered
. in consequence of breach or partial breach of said contract.
• IN WITNESS WHEREOF, We have duly executed the foregoing Obligation this
27th day of October , A. D. 19 84
Aero Blacktop Paving (SEAL)
Approved this day of
(SEAL)
A D.I19
(SEAL)
Co , it
Surety Herita a Ins . Co . (SEAL)
VBY . .1 AAIA
: •
C • y Man er BY ` . . ? (SEAL)
Attorney in Fact
Attest:
BY (SEAL)
Attorney in Fact
City lerk
Countersigned
Agent for Surety
Address of Surety
Municipal Seal
•. 2-CB
•
• j w
•
i •
CONTRACT BOND Continued
-- -- ;,
'.-to of Illinois )
)ss.
County . _)
A Notary Public in and
for said County, • the State aforesaid, do hereby certify that
, personally known to me to be the same person
whose name is subscribed to th- oregoing instrument as the Principal therein,
appeared before me this day in perso - d acknowledged that he signed, sealed
and delivered the said instrument as f z- and voluntary act for the uses
and purposes set forth therein.
Given under my hand d Notarial seal, this day of
A. D. 19 . N
• Notary Public
State . ' Illinois )
• )ss.
ty of Cook ) -- — —--
I� Genise Romanek , A Notary Public in and for
said County, in the State aforesaid, do hereby certify that
Steven Berz , who is personally known to me to be the same person
who signed the above and foregoing instrument as the Attorney in Fact for
Heritage Insurance Co . of Americ a appeared
before me this day in person and acknowledged that he signed the name
of Aero Blacktop Paving thereto, as his
Principal, and his own name as Attorney in Fact, as the free and voluntary act
of his said Principal for the uses and purposes therein set forth, and that he
executed the said instrument under authority given him by this said Principal.
Given under my hand and Notarial seal, this 27th day of October .
A. D. 19 80.
/'
/6--U-K-A-4-.--e—
Notary Public
3-CB