Loading...
2021-03-15 - Ordinance 2021-014 - AUTHORIZING A CONSTRUCTION CONTRACT WITH DENLER, INC. ORDINANCE NO. 2021-14 AN ORDINANCE AUTHORIZING A CONSTRUCTION CONTRACT WITH DENLER INC. WHEREAS, the Village of Buffalo is a home rule unit pursuant to the Illinois Constitution of 1970; and WHEREAS, the Village seeks to enter into a Construction Contract with Denler, Inc. for crack routing and sealing of various Village streets, NOW THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES,ILLINOIS, as follows: SECTION 1. The foregoing recitals are hereby adopted and incorporated and made a part of this Ordinance as if fully set forth herein. SECTION 2. The Village Manager is authorized to enter into a Construction Contract with Denler, Inc. for crack routing and sealing of various Village streets at a price not to exceed $49,557.24, pending attorney review. SECTION 3. If any section, paragraph, clause or provision of this Ordinance shall be held invalid, the invalidity thereof shall not affect any other provision of this Ordinance. SECTION 4. This Ordinance shall be in full force and effect from and after its passage and approval and shall not be codified. AYES: 6—Stein Ottenheimer Weidenfeld Johnson Smith, Pike NAYES: 0—None ABSENT: 0—None PASSED: March 15, 2021 APPROVED: March 15, 2021 APPROVED: Beverly Sussma i age President ATTEST: Janet M. an,Village Clerk Illinois Department o 0 of Transportation Local Public Agency Formal Contract o Contractor's Name Denier, Inc Contractor's Address City State Zip Code 20502 S. Cherry Hill Road Joliet IL 60433 STATE OF ILLINOIS Local Public Agency County Section Number Village of Buffalo Grove Cook 21-00000-02-GM Street Name/Road Name Type of Funds Various MFT ® CONTRACT BOND(when required) For a County and Road District Project For a Municipal Project Submitted/Approved Submitted/Approved/Passed Highway Commissioner Signature Date Signature Date l r/>1Z. Official Title Submitted/Approved President County Engineer/Superintendent of Highways Date Department of Transportation ❑ Concurrence in approval of award Regional Engineer Signature Date Printed 03/17/21 Page 1 of 2 BLR 12320(Rev.01/21/21) k A. Local Public Agency Local Street/Road Name County Section Number Village of Buffalo Grove Various Cook 21-00000-02-GM 1. THIS AGREEMENT, made and concluded the 15th day of March 2021 between the Village Day Month and Year Local Public Agency Type of Buffalo Grove , known as the party of the first part, andDenler, Inc Local Public Agency Contractor its successor, and assigns, known as the party of the second part. 2. For and in consideration of the payments and agreements mentioned in the Proposal hereto attached, to be made and performed by the party of the first part, and according to the terms expressed in the Bond referring this contract, the party of the second part agrees with said party of the first part, at its own proper cost and expense, to do all the work, furnish all materials and all labor necessary to complete the work in accordance with the plans and specifications hereinafter described, and in full compliance with all of the terms of this contract. 3. It is also understood and agreed that the LPA Formal Contract Proposal, Special Provisions, Affidavit of Illinois Business Office, Apprenticeship or Training Program Certification, and Contract Bond hereto attached, and the Plans for Section 21-00000-02-GM Section Number in Village of Buffalo Grove ,approved by the Illinois Department of Transportation on , are essential Local Public Agency Date documents of this contract and are a part hereof. 4. IN WITNESS WHEREOF,the said parties have executed this contract on the date above mentioned. Attest The Village of Buffalo Grove Local Public Agency Type Name of Local Public Agency Clerk Date Party of the Fir Pa Date e}„,,A;m.. //51z (SEAL)) (If a Corporation) Corporate Name Denier, Inc President, Party of the Second Part Date By: /^Z 3/L212 (SEAL) (If a Limited Liability Corporation) LLC Name Manager or Authorized Member, Party of the Second Part By: (If a Partnership) Partner Date Attest: Secretary Date Partner Date /I /11 ?f�_` L( `''l r Partners doing Business under the firm name of (SEAL) Party of the Second Part (If an individual) Party of the Second Part Date Printed 03/17/21 Page 2 of 2 BLR 12320(Rev.01/21/21) • • JJ • • ti , JJ • • J • • 00 nGngS Deparbnent Contract Bond of Transportation Bond No. ASA-1986-I3349 Local Public Agency County Street Name/Road Name Section Number Village of Buffalo Grove Cook Various 21-00000-02-GM Bond information to be returned to Local Public Agency at 50 Raupp Blvd, Buffalo Grove, IL 60089 Complete Address We,Denier, Inc., 20502 S. Cherry Hill Road, Joliet, Illinois, 60433 Contractor's Name and Address a/an Corporation organized under the laws of the State of Illinois as PRINCIPAL, and State Hudson Insurance Company, 100 William Street, New York, NY 10038 urety ii i an Address as SURETY, are held and firmly bound unto the above Local Public Agency(thereafter referred to as"LPA")in the penal sum of Forty Nine Thousand Five Hundred Fifty Seven Dollars and Twenty Four Cents _ Dollars( $49,557.24 ) lawful money of the United States,to be paid to said LPA,the payment of which we bind ourselves, successors and assigns jointly to pay to the LPA this sum under the conditions of this instrument. WHEREAS, THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that the said Principal has entered into a written contract with the LPA acting through its awarding authority for the construction of work on the above sections,which contract is hereby referred to and made a part hereof, as if written herein at length,and whereby the said Principal has promised and agreed to perform said work in accordance with the terms of said contract, and has promised to pay all sums of money due for any labor, materials, apparatus,fixtures or machinery furnished to such Principal for the purpose of performing such work and has further agreed to pay all direct and indirect damages to any person, firm, company or corporation to whom any money may be due from the Principal, subcontractor or otherwise for any such labor, materials, apparatus,fixtures or machinery so furnished and that suit may be maintained on such bond by any such person,firm, company or corporation for the recovery of any such money. NOW, THEREFORE, if the said Principal shall 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 it 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 LPA and its awarding authority harmless on account of any such 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 void; otherwise it shall remain in full force and effect. IN TESTIMONY WHEREOF, the said PRINCIPAL and the said SURETY have caused this instrument to be signed by their respective agents this 18th day of March, 2021 Day Month and Year PRINCIPAL Company Name Company Name Denier, Inc. J By By ---- Si nature&Title Date Signature&Title Date Attest Attest Signature&Title Date Signature&Title Date 4.1 ZZ (If PRINCIPAL is a joint venture of two or more contractors,the company names and authorized signature of each contractor must be affixed.) Printed 03/18/21 Page 1 of 2 BLR 12321 (Rev. 01/21/21) STATE OF IL COUNTY OF Cook I. Lynn M. Blaylock , a Notary Public in and for said county, do hereby certify that Notary Name David J. Denier Insert name of Individuals signing on behalf of PRINCIPAL who is/are each personally known to me to be the same person(s)whose name(s)is/are subscribed to the foregoing instrument on behalf of PRINCIPAL, appeared before me this day in person and acknowledged respectively,that he/she/they signed and delivered said instrument freely and voluntarily for the uses and purposes therein set forth. Given under my hand and notarial seal this 18th day of March, 2021 Day Month,Year Notary Public Signature (SEAL) LYNN M I3L SEAL "uouc OFFICIAL SEAL rpOLIC Notary Public,-State of Illinois «i,s My Commssion Expires I 1 �T� 5e tember 28.2024 1 Date commission expir 9-28-2024 SURETY Name of Surety Title Attorney-In-Fact I ludson Insurance CompanyBy:I .zg (T STATE OF IL COUNTY OF Cook [Lynn M. Blaylock , a Notary Public in and for said county,do hereby certify that Notary Name Christine Cannella Insert name of Individuals signing on behalf of PRINCIPAL who is/are each personally known to me to be the same person(s)whose name(s)is/are subscribed to the foregoing instrument on behalf of SURETY,appeared before me this day in person and acknowledged respectively,that he/she/they signed and delivered said instrument freely and voluntarily for the uses and purposes therein set forth. Given under my hand and notarial seal this 18th day of March, 2021 Day Month,Year Notary Public Signature 470, LYNN M I3L SEAL C t / r OFFICIAL SEAL (SEAL) wKic Notary Public-State of Illinois �nnry My Commission ExpTres Se tember 28,2024 Date commission expires 9'-a0 Approved this day of Day Month,Year Attest: Local Public Agency Clerk Signature Dale Awarding Authority_ Village of Buffalo Grove A arding Au ority Signature Date [Village Clerk 3 /15-/z ( Local fs blic Agency Type Printed 03/18/21 Page 2 of 2 BLR 12321 (Rev.01/21/21) I . , • 1 . %' �. • / \ _ • \ / ' j • v of `.'• _ . 25421 HUDSON INSURANCE GROUP® POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That HUDSON INSURANCE COMPANY, a corporation of the State of Delaware, with offices at 100 William Street, New York, New York, 10038, has made, constituted and appointed, and by these presents, does make, constitute and appoint Lewis Mark Spangler, Lynn M. Blaylock, Christopher L. Spangler, Elizabeth Marro and Christine Cannella of the State of Illinois its true and lawful Attomey(s)-in-Fact, at New York,New York,each of them alone to have full power to act without the other or others,to make, execute and deliver on its behalf, as Surety, bonds and undertakings given for any and all purposes, also to execute and deliver on its behalf as aforesaid renewals,extensions,agreements,waivers,consents or stipulations relating to such bonds or undertakings provided,however,that no single bond or undertaking shall obligate said Company for any portion of the penal sum thereof in excess of the sum of Ten Million Dollars (S10,000,000.00). Such bonds and undertakings when duly executed by said Attomey(s)-in-Fact,shall be binding upon said Company as fully and to the same extent as if signed by the President of said Company under its corporate seal attested by its Secretary. In Witness Whereof, HUDSON INSURANCE COMPANY has caused these presents to be of its Senior Vice President[hereunto duly •, on this 7th day of November ,20 17 at New York,New York. JC�p�s;a (SJZi1r1 tateri I IIUDSON INSURANCE COMPANY Attest `-_' ' beedi Y Dina Daskalakis Michael P.Cifone ( i Corporate Secretary Senior Vice President STATE OF NEW YORK COUNTY OF NEW YORK. SS. On the 7th day of November ,20 17 before rue personally came Michael P.Ciliate to the known, who being by me duly sworn did depose and say that he is a Senior Vice President of HUDSON INSURANCE COMPANY,the corporation descr' ed herein and which executed the above instrment, that he knows the seal of said Corporation,thwstisr's4811 tt?igd to said Instrument is such corporate seal,that it wa so affixed 'order of the Board of Directors of said Cugruiatiun,and that he signed his name PO y{(j�� Ce ••-•••••• "i) '•• Ylit (Notarial Seal) ' NO.T, ,6 ••• S,'; ANN M.MURPHY Notary Public.State of New Y rk `� = No.01 MU6067553 tPP '� - Qualified in Nassau County y� �&L I G Commission Expires December 10,2021 '°F °so" NEW� CERTIFICATION STATE OF NEW YORK ,,,rr r,rrr r rr t+'ssss COUNTY OF NEW YORK SS. The undersigned Dina Daskalakis hereby certifies: That the original resolution,of which the following is a true and correct copy,was duly adopted by unanimous written consent of the Board of Directors of Hudson Insurance Company dated July 27th,2007,and has not since been revoked,amended or modified: "RESOLVED,that the President,the Executive Vice Presidents,the Senior Vice Presidents and the Vice Presidents shall have the authority and discretion, to appoint such agent or agents, or attorney or attorneys-in-fact, for the purpose of carrying on this Company's surety business,and to empower such agent or agents,or attorney or attorneys-in-fact,to execute and deliver,under this Company's seal or otherwise,bonds obligations,and recognizanccs, whether made by this Company as surety thereon or otherwise, indemnity contracts, contracts and certificates, and any and all other contracts and undertakings made in the course of this Company's surety business,and renewals,extensions,agreements,waivers,consents or stipulations regarding undertakings so made;and FURTHER RESOVLED,that the signature of any such Officer of the Company and the Company's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond,undertaking,recognizance,contract of indemnity or other written obligation in the nature thereof or related thereto,such signature and seal when so used whether heretofore or hereafter,being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed." THAT the above and foregoing is a full,true and correct copy of Power of Attorney issued by said Company,and of the whole of the original and that the said Power of Attorney is still in full force and effect and has not been revoked, and furthermore that the Resolution of the Board of Directors, set forth in the said Posner (Attorney is now in force.%ie.!, .'tress the hand of the undersigned and the seal of said Corporation this ^' 041day of}f4ci1-c_ii _,20 .)--/. f:iiiev*oi.,tke oGM s.:t i' eL,,,,,,,4,,A. , .• ... ! By Dina Daskalakis, Corporate Secretary G:\Underwriting\Underwriter Files\Surety\General Surety\Powers&Seals\Powers\POA templates\Word version\Form PerfA 10 8 2010(v9).doc