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83-0829 Leisure Concepts and Design • THE AMERICAN INSTITUTE OF ARCHITECTS `I%�l �., tA 2111.1 AIA Document A101 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM 1977 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION Use only with the 1976 Edition of AIA Document A201, General Conditions of the Contract for Construction. This document has been approved and endorsed by The Associated General Contractors of America. AGREEMENT made as of the Twenty Ninth day of August in the year of Nineteen Hundred and Eighty Three BETWEEN the Owner: City of Elgin, Illinois 150 Dexter Court Elgin, Illinois 60120 and the Contractor: T & Edmier Corporation 205 .1. Grand Avenue - Suite 113 Bensenville, Illinois 60160 The Project: Elgin Softball Complex Phase One Development The Architect: Leisure Concepts & Design 300 West Golf Road isit . Prospect , IL 60056 The Owner and the Contractor agree as set forth below. Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1%1,1963, 1967,1974, © 1977 by the American Institute of Architects,1735 New York Avenue, N.W., Washington, D. C. 20006. Reproduction of the material herein or substantial quotation of its provisions without permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. • MA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 1977 • AIA• ©1977 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A101-1977 1 ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, the Conditions of the Contract (General, Supplementary and other Conditions), the Drawings, the Specifications, all Addenda issued prior to and all Modifications issued after exe- cution of this Agreement. These form the Contract, and all are as fully a part of the Contract as if attached to this Agreement or repeated herein. An enumeration of the Contract Documents appears in Article 7. ARTICLE 2 THE WORK The Contractor shall perform all the Work required by the Contract Documents for (Here insert the caption descriptive of the Work as used on other Contract Documents.) The Elgin Softball Complex, Phase One Development , is comprised of: 1 . Excavation and Grading 2 . Aggregate Road and Parking Lot Development 3 . Infield Development 4. Backstops and Fencing 5. Landscaping ARTICLE 3 TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION The Work to be performed under this Contract shall be commenced on or before September 6, 1983 and, subject to authorized adjustments, Substantial Completion shall be achieved not later than June 30, 1984 (Here insert any special provisions for liquidated damages relating to failure to complete on time.) AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 1977 • AIA• @1977 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A101-1977 2 ARTICLE 4 CONTRACT SUM The Owner shall pay the Contractor in current funds for the perfotnsance of the Work, subject to additions and deductions by Change Order as provided in the Contract Documents, the Contract Sum of ($375, 592. 00) Three Hundred Seventy Five Thousand, Five Hundred Ninety Two and no/100 Dollars The Contract Sum is determined as follows: (State here the base bid or other lump sum amount,accepted alternates,and unit prices,as applicable.) Base Bid - Lump Sum Price 4 212, 171 .00 Alt . "A" Add. Excavation,Grading,Seeding-Lump Sum 22,806 .00 Alt . "B" Add. Infields-Lump Sum 24,915.00 Alt . "0" Add. Infields( 5) c8865.00 44,325.00 Alt . "D" Backstops(8) g 1722 .00 13,776 .00 Alt . 6' High Fence - 1472 L .F .4;4511 . 50 16,928 .00 *Alt . "F" 4' High Fence - 3584 L .F . 4310.10 36, 198 .00 Alt . "G"&"H" V. I .C . N .I .C . Alt . I . Lump Sum 4,473 . 00 Total $ 375, 592.00 *Price includes gravel warning track. ARTICLE 5 PROGRESS PAYMENTS Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as pro- vided in the Contract Documents for the period ending the last working day of the month as follows: Not later than fifteen days following the end of the period covered by the Application for Payment ninety percent ( 90 %) of the portion of the Contract Sum properly allocable to labor, materials and equipment incorporated in the Work and Ninety percent ( 90 %) of the portion of the Contract Sum properly allocable to materials and equipment suitably stored at the site or at some other location agreed upon in writing,for the period covered by the Application for Payment, less the aggregate of previous payments made by the Owner; and upon Substantial Completion of the entire Work, a sum sufficient to increase the total payments to Ninety percent ( 90 %) of the Contract Sum, less such amounts as the Architect shall determine for all incomplete Work and unsettled claims as provided in the Contract Documents. (If not covered elsewhere in the Contract Documents,here insert any provision for limiting or reducing the amount retained alter the Work reaches a certain stage of completion.) Article 9 .4.4 of the Supplemental General Conditions provide the owner with the "option" to reduce retention after 50/ completion. Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the rate entered below, or in the absence thereof, at the legal rate prevailing at the place of the Project. (Here insert any rate of interest agreed upon.) (Usury laws and requirements under the federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Contractor's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Specific legal advice should be obtained with respect to deletion, modification, or other requirements such as written disclosures or waivers.) AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 1977 • AIA. ®1977 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A101-1977 3 ARTICLE 6 FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the Owner to the Contractor when the Work has been completed, the Contract fully performed, and a final Certificate for Payment has been issued by the Architect. ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Terms used in this Agreement which are defined in the Conditions of the Contract shall have the meanings designated in those Conditions. 7.2 The Contract Documents,which constitute the entire agreement between the Owner and the Contractor,are listed in Article 1 and, except for Modifications issued after execution of this Agreement, are enumerated as follows: (List below the Agreement,the Conditions of the Contract(General,Supplementary,and other Conditions),the Drawings,the Specifications,and any Addenda and accepted alternates,showing page or sheet numbers in all cases and dates where applicable.) SCHEDULE OF DRAWINGS 1. Title, Cover & Location Sheet 2. Access Roadway - Staking, Grading & Details 3. Staking Plan - Ballfield Complex 4. Grading Plan - Ballfield Complex 5. Details 6. Landscape Plan BIDDING REQUIREMENTS PAGES Notice to Bidders NTB - 1 Bid Forms BF - 1-4 Instructions to Bidders ITB - 1-6 CONDITIONS OF THE CONTRACT General Conditions (AIA Form A-201, Aug. , 1976 ed.) Supplemental General Conditions SGC - 1-10 Federal Contract Provisions FCP - 1-24 Continued on pg. A-101-1977-5 This Agreement entered intas of the day and year first written above. OWNER CONTRACTOR It:: of E1 n T & 4 Ed:nier Corporation / 26s/oEN r AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 1977 • AIA• ©1977 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1/35 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A101-1977 4 SPECIFICATIONS Division Section Title Pages 1 GENERAL REQUIREMENTS --- 01010 Summary of Work 1-2 01200 Project Meetings 1-2 01500 Temporary Facilities & Controls 1-2 01700 Contract Closeout 1-4 2-- ---SITE WORK------ ___ 02011 Borings 1-8 02200 Earthwork 1-6 02270 Infield Construction 1-2 02400 Site Drainage 1-3 02445 Fencing & Backstops 1-3 02472 Picnic Tables & Grills 1-2 02485 Seed/Fertilize/Mulch 1-4 02490 Trees and Shrubs 1-6 02511 Aggregate Paving 1-3 • A-101-1977-5 STATEWIDE INSURANCE COMPANY P.O. BOX 799 • 325 NORTH GENESEE ST. WAUKEGAN, ILLINOIS 60085 312/662-0073 PERFORMANCE AND PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, That we T & W EDMIER CORP. 205 W.Grand Avenue, Bensenville, Ill . , as Principal, (hereinafter called Principal) and STATEWIDE INSURANCE COMPANY, an Illinois corporation, with principal offices in Waukegan,Illinois , as Surety, (hereinafter called Surety), are held and firmly bound unto City of Elgin 150 Dexter Court, Elgin, Illinois 60120 , as Obligee, (here- inafter called the Obligee) in the amount of Three Hundred Seventy-five Thousand Five Hundred Ninety-two and NO/100 Dollars (� 375,592.00 ) for the payment of which sum well and truly to be made,we bind ourselves,our heirs,executors,administrators, successors and assigns firmly by these presents. WHEREAS, the Principal did on the 1st day of September 1983 enter into a written contract with said Obligee for Elgin Softball Complex, Phase I which Contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the Principal shall indemnify the Obligee against any loss or damage directly arising by reason of the failure of the Principal to (a) faithfully perform said contract and (b) pay all just claims for labor and material furnished in the com- pletion of said Contract by persons, firms or corporations having direct contracts with the Principal, then this obligation shall be null and void; otherwise to remain in full force and effect. This bond is executed and accepted subject to the following conditions: (1) That the Obligee shall faithfully and punctually perform all the terms and conditions of said Contract to be performed-by the Obligee. . (2) That the Obligee shall notify the Surety by registered letter, addressed and mailed to it at its Home Office, of any breach of said Contract within a reasonable time after such breach shall have come to the knowledge of the Obligee. (3) All suits at law or proceedings in equity to recover on this bond must be instituted within six months after the completion of said contract, and in any event within twelve months from the date fixed in said contract for its completion. SIGNED, SEALED AND DATED this 1st day of September 19 83 T & W DMIER CORP.) (Seal) C-i - 4, Principal mow STATEWIDE IN, URAN E COMPANY ro w+rr•mrwrrro[ sttsr�. .w auworssau ns+uan 07 - 6106(4/83) BY: _.z1P/r R. L. Drake Attorney-in-fact. 11111117 STATEWIDE INSURANCE COMPANY P.O.BOX 799 • 325 NORTH GENESEE ST. WAUKEGAN,ILLINOIS 60085 312/662-8375 GENERAL POWER OF ATTORNEY Know all. men by these Presents , That the STATEWIDE INSURANCE COMPANY Waukegan, Illinois , has made, constituted and appointed, and by these pre- sents does make, constitute and appoint R. L. DRAKE its true and lawful attorney for it and in its name , place and stead to execute on behalf of the said Company, as surety, bonds , undertakings and contracts of suretyship to be given to All Obligees provided that no bond or undertaking or .contract of suretyship executed under this authority shall exceed in amount the sum of no limitation This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the STATEWIDE INSURANCE COMPANY, Waukegan, Illinois , at a meeting duly called and held on the 2nd day of January , 1982 "RESOLVED, that the Chairman of the Board, the Vice Chairman of the Board, the President , an Executive Vice President or a Senior Vice President or a Vice President of the Company, be, and that each or any of- them hereby is, authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of STATEWIDE INSURANCE COMPANY, Waukegan, Illinois , bonds , undertakings and all contracts of suretyship; and that an Assistant Vice President, a Secretary or an Assist- ant Secretary be, and that each or any of them hereby is , authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company . FURTHER RESOLVED, that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile , and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. " - In Witness Whereof, the STATEWIDE INSURANCE COMPANY, Waukegan, Illinois , has caused its official seal to be hereunto affixed and these presents to be signed by one of its Vice Presidents and attested by one of its Assistant day of January , 19 82 V V V ♦ ♦ ♦ V V r • ' �it .41 Certificate of Insurance Cord THIS CERTIFICATE IS I,SSLJED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW. NAME AND ADDRESS OF AGENCY Paul W. Kaiser & Associates, Inc. COMPANIES AFFORDING COVERAGES 2301 Belvidere St., P.O. Box 178 Waukegan, Il . 60085 COMPANY a TR,ANSA 4ERICA INSURANCE CO. LETTER �1 tfV'1VEJ1117LiS COMPANY B L FTTER NAME AND ADDRESS OF INSURED MP T & W Edmier Corp. IA TTERNY C 205 W. Grand Ave., Suite #113 Bensenville, I1 . 60106 LIFTER COMPANY D COMPANY E LETTER This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. 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 conditions of such policies. COMPANY PoucY Limits of Liability in Thousands(000) TY PE OF INSURANCE POT ICY NUMBER -1 EACH LETTER EXPIRATION DALE i OCCURRENCE AGGREGAIE GENERAL LIABILITY 500 HODILY INJURY $ $ 500 A �]j COMPREHENSIVE FORM #18866870684/16/84 n �J PREMISES OPERATIONS PROPERTY DAMAGE $ 250 $ 250 ❑ EXPLOSION AND COLLAPSE QJiiiiiiHAZARD UNDERGROUND HAZARD El PRODUCTS/COMPLETED OPERATIONS HAZARD BODIL Y INJURY ANT.) ill CONTRACTUAL INSURANCE PROPERTY DAMAGE $ $ El BROAD FORM PROPERTY COMBINED DAMAGE INDEPENDENT CONTRACTORS ii PERSONAL INJURY PERSONAL INJURY $ AUTOMOBILE LIABILITY BODILY INJURY A (EACH PERSON) $ COMPREHENSIVE FORM #18866870 4/16/84 BODILY INJURY $ ED OWNED (EACH ACCIDENT) .�J HIRED PROPERTY DAMAGE $ ElBODILY INJURY AND NON-OWNED • PROPERTY DAMAGE $ 500 COMBINED EXCESS LIABILITY A 11 UMBRELLA FORM BODILY INJURY AND 8118566521 4/16/84 PROPERTY DAMAGE $ 2,000 E,000 ❑ OTHER THAN UMBRELLA COMBINED FORM 4WORKERS'COMPENSATION STATUTORY A and #WC1142434 4/16/84 EMPLOYERS'LIABILITY $ 100,000. 'EHnrcrocn*I OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES PROJEa.. Elgin Softball Complex Phase 1 Added as Additional Insured for Liability only on the above project. 1. City of Elgin 2. Leisure Concepts & Design 150 Dexter Ct., Elgin, Ii. 60120 200 W. Golf Rd., Mt. Prospect, Ii. 60056 Cancellation: Should any of the above deslrAbed policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail �U days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER DATE ISSUED- 9/16/83 City of Elgin 150 Dexter Ct. .. Elgin, Il. 60120 42-4-1-41(:). jj1 AUTHORIZED REPRESENTATIVE