03-0320 Curran Contracting o3 -o3 a.o
Section 00520
AGREEMENT FORM
AGREEMENT
THIS AGREEMENT is dated this 20th day of March , 20 03 by and between
the City of Elgin, an Illinois Municipal Corporation (herein called "City") and Curran Contracting
Company (herein called "Contractor"), a with a principal place of
business at 7502 S. Main Street, Crystal Lake, 60014
WHEREAS, on [insert date of release] the City released an Invitation for Bids entitled NEW
PUBLIC WORKS FACILITY, BID PACKAGE "A," SITE WORK; and
WHEREAS, Contractor submitted a timely bid on Tuesday, January 7, 2003; and
WHEREAS, the City Council has deemed Contractor to be the lowest price responsive and
responsible bidder for New Public Works Facility, Bid Item A-3 , hereinafter referred to as •
"Work;"
NOW THEREFORE, in consideration of the mutual covenants herein set forth, the sufficiency of
which is hereby acknowledges, the parties hereto hereby agree as follows:
Article 1. Work.
Contractor shall complete the Work as specified in the Contract Documents .
The Work is generally described as follows:
Bid Item A-3, Flexible pavement minus alternate .
Article 2. ENGINEER.
The Work has been designed by POSTL— YORE AND ASSOCIATES, 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 provided in the Contract Docum" ceed
The required Substantial Completion Date has been determined to be Per Notice to/2003.
In the event of any conflict between these dates and dates elsewhere in 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 reasonable liquidated damages for
New Public Works Facility
City of Elgin, Illinois 00520- 1 AGREEMENT FORM
delay (but not as a penalty) Contractor shall pay City $ 550.00 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 remaining Work within the times specified
in the Contract Documents (hereinafter referred to as "Contract Times") or any proper extension
thereof granted by City, Contractor shall pay City $ 550.00 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 $ 267, 510.00 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. Retainage. 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.
New Public Works Facility
City of Elgin, Illinois 00520-2 AGREEMENT FORM
g. Supplementary Conditions.
h. Specifications.
i. Drawings consisting of fourteen (14)sheets, with each sheet bearing one of the
following general titles:
A-0.1 Cover Sheet
A-0.2 Erosion Control Plan
A-1.1 Site Plan - Demolition Plan
A-1.2 Site Plan—Geometric
A-1.3 Site Plan —Topographic and Utilities
A-3.1 Exterior Elevations
A-8.1 Site Details
S-5.1 Foundation Plans
S-5.2 Sections
S-5.3 Details
S-5.4 Loading Dock Details
E-1.1 Electrical Site Plan
E-7.1 Electrical Details
L-1.1 Landscape Plan
Sheet titles are listed on the cover sheet of each drawing set.
j. Any Addenda.
I. Contractor's Bid.
m. City Forms.
n. Any subsequent Written Amendments to any documents listed above and other
documents amending, modifying, or supplementing the Contract Documents, which
may be delivered or issued after the Effective Date of the Agreement and are not
attached hereto.
This Agreement and the Contract Documents listed above comprise the sole and exclusive
Agreement between the parties hereto. There are no other agreements between the parties
hereto either oral or written, and neither this Agreement nor any Contract Documents shall be
modified or amended without the written consent of the authorized representatives of the parties
hereto.
Article 7. MISCELLANEOUS.
a. Terms used in this Agreement shall have the meanings indicated in the General
Conditions.
New Public Works Facility
City of Elgin, Illinois 00520-3 AGREEMENT FORM
b. No assignment or delegation by a party hereto of any rights under, obligations or
interests in the Contract Documents shall be binding on another party hereto without
the written consent of the party sought to be bound; and specifically but without
limitation moneys that may become due and moneys that are due may not be
assigned without such consent (except to the extent that the effect of this restriction
may be limited by law); and unless specifically stated to the contrary in any written
consent to an assignment, no assignment shall release or discharge the assignor from
any duty or responsibility under the Contract Documents.
c. City and Contractor each binds itself, its partners, successors, employees, assigns,
and agents to the other party hereto, its partners, successors, employees, assigns,
and agents in respect of all covenants, agreements, and obligations contained in the
Contract Documents.
d. The business address of Contractor is hereby designated as the place to which all
notices, letters, and other communication to Contractor shall be mailed or delivered.
The address of City is hereby designated as the place to which all notices, letters, and
other communication to City shall be mailed or delivered. Such notices, letters and
other communications shall be directed to the City's General Services Manager.
Either party may change its address at any time by an instrument in writing delivered
to Engineer and to the other party.
e. The terms and provisions of this Agreement shall be severable. In the event any of the
terms or provisions of this Agreement shall be deemed to be void or otherwise
unenforceable for any reason, the remainder of this Agreement shall remain in full
force and effect.
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 create a partnership,joint venture,
employment or agency relationship between the parties 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 provisions of this Agreement shall
control.
i. Indemnification. To the fullest extent permitted by law, Contractor agrees to and shall
indemnify, defend and hold harmless the City, its officers, employees, boards and
commissions, and the Architect/Engineer, its officers and employees, from and against
any and all claims, suits,judgments, costs, attorney's fees, damages or any and all
other relief or liability arising out of or resulting from or through or alleged to arise out
of any acts or negligent acts or omissions of Contractor or Contractor's officers,
employees, agents or subcontractors in the performance 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 or employees, covered by the
foregoing duty to indemnify, defend and hold harmless, such action shall be defended
by legal counsel of the City's and/or the Architect/Engineer's choosing.
New Public Works Facility
City of Elgin,Illinois 00520-4 AGREEMENT FORM
IN WITNESS WHEREOF, City and Contractor have signed this Agreement. One counterpart
each has been delivered to City, Contractor, Surety, and Engineer.
This Agreement shall be effective on March 20, 2003
City: COE ECC-, 1 ) CONTRACTOR: Curran
Contracting Company
By A:144
-7-2-i /01/4"--'
By '22C,(-C —-
Title: C ; 1,1 nowk t�c�f.v Title:
Marc Frame, Vice President
Address for giving notices Address for giving notices
I 0 OP X fev (OL-t,.4" 7502 S. Main St.
E tCyfr, (L (DCII Z.D Crystal Lake, IL 60014
FEIN# 36-3506119
New Public Works Facility
City of Elgin,Illinois 00520- 5 AGREEMENT FORM
Section 00610 Bond No. 087526
PERFORMANCE BOND
We, the undersigned, Curran Contracting Company
(Name of Contractor)
7502 S. Main St. , Crystal Lake, IL 60014
(Address of Contractor)
Corporation (Corporation, Partnership, or Individual)
hereinafter called "Principal", and Carolina Casualty Insurance Company ,
(Name of Surety)
2850 W. Golf Rd. , Rolling Meadows, IL 60008 , (Address of Surety)
hereinafter called "Surety", are held and firmly bound unto the CITY OF ELGIN, 150 Dexter Court,
Elgin, II 60120, hereinafter called "Owner", in the sum of
Two Hundred Sixty-Seven, Five Hundred Ten Dollars ($ 267,510.00).
We hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and
assigns.
March
Principal has entered into a certain contract with Owner, dated the 20th day of Moot
, 200-1 , 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, and Principal and Surety hereby bind themselves to
Owner for the performance of the contract. (Bid Item A-3 )
Now, therefore, if Principal shall well, truly and faithfully perform its duties, all the
undertakings, covenants, terms, conditions, and agreements of 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 if it shall satisfy all claims, obligations,
requirements and demands incurred pursuant to such contract, and shall fully indemnify and save
harmless Owner from all costs, damages, suits, causes of action 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 incur in making good any default, then
this obligation shall be void; otherwise, this bond shall remain in full force and effect; provided, further,
that the said Surety for value received hereby agrees that no change, 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 additions 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 this20th day of March 2�3
Curran Carolina Casualty
CONTRACTOR AS PRINCIPAL SURETY
Contracting ura Many �J
1,60-74--e Company
40.44
•
(Signature) (Sgnat.
Name and Title: Marc Frame Name and Title: Michael F. Low
Vice President Attorney-in-Fact
SEAL SEAL
New Public Works Facility
City of Elgin,Illinois 00610- 1 PERFORMANCE BOND
Section 00612 Bond No. 087526
PAYMENT BOND
We, the undersigned, Curran Contracting Company
(Name of Contractor)
7502 S. Main St. , Crystal Lake, IL 60014
(Address of Contractor)
Corporation (Corporation, Partnership or Individual),hereinafter called "Principal", and
Insurance Company
Carolina Casualty/ (Name of Surety) 2850 W. Golf Rd. , Rolling Meadows, IL 60008
(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 Two Hundred SixtylJollars*Seven, Five HundrE
($ 267,510.00). We hereby jointly and severally bind ourselves, our heirs, executors, Ten
administrators, successors and assigns.
Principal has entered into a certain contract with Owner dated the20tlday of March
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
(Bid Item A-3 )
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 20th day of March
20 03.
Curran Carolina Casualty
CONTRACTOR AS PRINCIPAL Contracting SURETY
/ sur e npy
`1a,t& x'(.6"1"1„` Company ��
(Signature) (Signa
Name and Title: Marc Frame Name and Title: Michael. F. Low
Vice President Attorney-in-Fact
SEAL SEAL
New Public Works Facility
City of Elgin,Illinois 00612- 1 PAYMENT BOND
Endorsement 1
Berl:ley Regional Insurance Company
Carolina Casualty Insurance Company
NOTICE
Surety Bond Disclosure
Notice Of Terrorism Insurance Coverage
Coverage for acts of terrorism, as defined in the Terrorism Risk
Insurance Act of 2002 (the "Act"), is included in your surety bond. You
should know that, effective November 26, 2002, any losses caused
by certified acts or terrorism, as defined in the Act, would be partially
reimbursed by the United States under a formula established by
federal law. Under this formula, the United States pays 90% of
covered terrorism losses exceeding the statutory established
deductible paid by the surety company providing the coverage. The
portion of your bond premium that is attributable to coverage for acts
of terrorism, as defined in the Act is: $0.00.
This Endorsement is to be
attached to bond # 087526
and to become a part of the bond.
c/o Monitor Surety Managers, Inc. 383 Main Street, Chatham,NJ 07928
ACKNOWLEDGEMENT OF CORPORATE SURETY
(Power of Attorney must be Attached)
STATE OF ILLINOIS ) ss . :
COUNTY OF MCHENRY
On this 20th day of March , in the year 2003 ,
before me personally appeared Michael F. Low , to me
personally known, who being by me duly sworn, did say that he is
the Attorney-in-Fact of Carolina Casualty Insurance Company,
a corporation; that the seal affixed to the foregoing instrument
is the corporate seal of said corporation, and that said
instrument was signed and sealed in behalf of said corporation
by the aforesaid officer, by authority of its Board of
Directors; and the aforesaid officer acknowledge said instrument
to be the free act and deed of said corporation.
P .
*TAR •UBL C Karen Pokorny
"OFFICIAL SEAL'
KAREN POKQRNpy commission xpires : 05/07/06
Notary Public, State of Illinois
My Commission .xpires 05/07/06
• POWER OF ATTORNEY No. 257
CAROLINA CASUALTY INSURANCE COMPANY
JACKSONVILLE,FLORIDA
KNOW ALL MEN BY THESE PRESENTS: that CAROLINA CASUALTY INSURANCE COMPANY ("Company") a corporation duly
organized and existing under the laws of the State of Florida, having its principal office in Jacksonville, Florida, has made, constituted and
appointed, and does by these presents make,constitute and appoint: Timothy J. Low or Kelly J. Low or Michael F. Low of Frank Low Insurance
Agency of McHenry,IL
its true and lawful Agent and Attorney-in-Fact,with the power and authority hereby conferred in its name,place and stead,to execute,seal,
acknowledge and deliver: any and all bonds and undertakings providing that no single obligation shall exceed Fifteen Million and 00/100 Dollars
($15,000,000.00)
and to bind the Company thereby as fully and to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected
officers of the Company at its principal office in their own proper persons.
This Power of Attorney is granted pursuant to the Minutes of the Special Meeting of the Board of Directors of Carolina Casualty Insurance Company
held on March 30, 1966,to wit:
RESOLVED: "That the following Officers of the Carolina Casualty Insurance Company,Chairman of the Board,President,Secretary and
Treasurer, or either of them, are hereby authorized to execute on behalf of Carolina Casualty Insurance Company, Powers of Attorney
authorizing and qualifying the Attorney-in-Fact named therein to execute bonds on behalf of the Carolina Casualty Insurance Company,
and further, that the said Officers of the Company mentioned, are hereby authorized to affix the corporate seal of the said Company to
Powers of Attorney executed pursuant hereto".
RESOLVED FURTHER,this Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein,and
they have no authority to bind the company except in the manner and to the extent therein stated.
RESOLVED FURTHER,this Power of Attorney revokes all previous powers issued in behalf of the Attorney-in-Fact named above.
RESOLVED FURTHER, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of
attorney or certification thereof authorizing the execution and delivery of any bond,undertaking,recognizance,or other suretyship obligations of the
Company;and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to
p use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company,
notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued.
IN WITNESS WHEREOF the Carolina Casualty Insurance Company has caused these presents to be signed and attested by its appropriate officers
and its corporate seal hereunto affixed this 10th day of June , 2002 .
Attest: Carolina asualty Insurance Company
10 1C4By: X09=--_I ... By: 's it
Betty C.Su • and Armin W.Blumberg
Vice President and Secretary President and Chief Executive Office
WARNING: THIS POWER OF ATTORNEY INVALID IF NOT PRINTED ON GREEN"MONITOR"SECURITY PAPER.
STATE OF FLORIDA)
ss
COUNTY OF DUVAL)
On this 10th day of June , 2002,before me personally came Betty C. Sutherland to me known, who,being by me duly
sworn,did depose and say:that she is Secretary of Carolina Casualty Insurance Company, the Corporation described in and which executed the
above instrument;and that' /she knows the seal of said Corporation;that the seal affixed to the said instrument is such corporate seal;that it was so
affixed by order of the Board of Directors of said Corporation and that bathe signed his/her name thereto by like order.
IN WITNESS _ ' :-, .• " i • se my an• •• affixed my official seal;the day .A. ear herein first ab e writtep.
�p��"�P4,4, PATSY W.CARMICHAEL ,�,�i
MY COMMISSION*CC'166379 , Li[/ (jE%�//fG(;�! !
���E nr 1`o0"Q EXPIRES 09/231Z®2 otary ' A'c,State of rida at Large
1-800-3 NOTARY Fla.Notary Services&Bo-ding Co
CERTIFICATE
I, the undersigned, Secretary of CAROLINA CASUALTY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a just, true,
correct and complete copy of original Power of Attorney;that the said Power of Attorney has not been revoked or rescinded and that the authority of
the Attorney-in-Fact set forth therein,who executed the bond to which this Power of Attorney is attached,is in full force and effect as of this date.
Given under my hand and the seal of the Company,this 12th day of March , 2003
♦,o���turf 10 t I
a:
it, Betty C. .•th' and,Secretary