Loading...
2021-03-15 - Ordinance 2021-015 - AUTHORIZING A CONSTRUCTION CONTRACT WITH BROTHERS ASPHALT PAVING, INC. ORDINANCE NO. 2021-15 AN ORDINANCE AUTHORIZING A CONSTRUCTION CONTRACT WITH BROTHERS ASPHALT PAVING 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 Brothers Asphalt Paving, Inc.for pavement patching 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 Brothers Asphalt Paving, Inc.for pavement patching of various Village streets at a price not to exceed$305,680.54, 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 Sus6iallo,Village President ATTEST: Janet M. ' bian, Village Clerk • Illinois Department o 0 of Transportation Local Public Agency Formal Contract o :: Contractor's Name Brothers Asphalt Paving, Inc. Contractor's Address City State Zip Code 315 S. Stewart Avenue Addison IL 60101 STATE OF ILLINOIS Local Public Agency County Section Number Village of Buffalo Grove Cook 21-00000-00-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 Official Title Submitted/Approved �,L 4 o D FAT County Engineer/Superintendent of Highways Date Department of Transportation ❑ Concurrence in approval of award Regional Engineer Signature Date Printed 03/19/21 Page 1 of 2 BLR 12320(Rev.01/21/21) • Local Public Agency Local Street/Road Name County Section Number Village of Buffalo Grove Various Cook 21-00000-00-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, andBrothers Asphalt Paving, 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 21-00000-00-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. The Village of Buffalo Grove Attest: Local Public Agency Type Name of Local Public Agency Clerk Date Part of the First art Date • 3 %►5"/z i By: f s;/z (SEAL) (If a Corporation) Corporate Name Brothers Asphalt Paving, Inc. President, Party of the Sec d Part Date By: (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 12-1 Partners doing Business under the firm name of (SEAL) Party of the Second Part (If an individual) Party of the Second Part Date Printed 03/19/21 Page 2 of 2 BLR 12320(Rev.01/21/21) A � i • -� \ 1_ `• • . v ^1 '••••• ,. Ilrnois Department Contract Bond of Transportation Local Public Agency County Street Name/Road Name Section Number Village of Buffalo Grove Cook Various 21-00000-00-GM Bond information to be returned to Local Public Agency at 50 Raupp Blvd, Buffalo Grove, IL 60089 . Complete Address We,Brothers Asphalt Paving, Inc. 315 S. Stewart Avenue, Addison, Illinois 60101 Contractor's Name and Address a/an Corporation organized under the laws of the State of Illinois as PRINCIPAL, and State Western Surety Company 151 N. Franklin Street, Chicago, IL 60606 Surety Name and Address as SURETY, are held and firmly bound unto the above Local Public Agency(thereafter referred to as"LPA")in the penal sum of Three Hundred Five Thousand Six Hundred Eighty and 54/100 Dollars( $305,680.54 )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 17th day of March, 2021. Day Month and Year PRINCIPAL Company Name Company Name Brothers Asphalt Paving, Inc. By By Signature&Title Date Signature&Title Date March 17,2021 Natalia I la; si Attest Attest Signature&Title Date Signature&Title Date March 17,2021 Nicola Colella; Secretary (If PRINCIPAL is a joint venture of two or more contractors,the company names and authorized signature of each contractor must be affixed.) Printed 03/17/21 Page 1 of 2 BLR 12321 (Rev.03/10/21) STATE OF IL COUNTY OF COOK I,Cassidy Kelly , a Notary Public in and for said county,do hereby certify that Notary Name Natalia Colella and Nicola Colella 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 17th day of March, 2021. Day Month,Year Nota Pu. is Si.nature (SEAL) OFFICIAL SEAL NM I NOTARY PUBLIC-STATE OF ILLINOIS Date commission expires •ctober 10, 2041 MY COMMISSION EXPIRES:10/10/22 j SURETY Name of Surety Tit_lee Western Surety Company By: Tit-le - William Reidinger'Attorney-in-Fact ,NuwuwnM STATE OF IL "�wp?' 00/4. A.1" g4rniVj �ipii COUNTY OF COOK *�'•,`Sf Av„*1 I,CassidyKelly ,a Notary Public in and for said county, do hereby certify that ,.. ty ppk'�ge Notary Name William Reidinger Insert name of Individuals signing on behalf of XIXEIMIAAtSURETY 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 17th day of March, 2021 Day Month,Year Notary Public)Signature /Wy�MnMMM / (SEAL) OFFICIAL SSIDY KELLY - NOTARY PUBLIC STATE OF ILLINOIS Date commission expires ctober 10, MY COMMISSION EXPIRES:10/10/22 Approved this day of . Day Month,Year Attest: Local Public Agency Clerk Signature Date Awarding Authority ,, ,a / Village of Buffalo Grove k Tm " - .y. /►Sf 2 Awarding Authority ':.gnati Date Village Clerk ,.a 4 1 3'/t5'/7 I Local Public Agency Type Printed 03/17/21 Page 2 of 2 BLR 12321 (Rev.03/10/21) '7 • •• . . . • • ........ . ... - 1E: VV ••"" "LI . • • - •4- • V. - -"* •. - .•, . .........• • • a •-• • 'N • a -4 • a. • • 'w ,,- •—.4 .• •-t 4 e • _ . ••••• Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation having its principal office in the City of Sioux Falls,and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby make,constitute and appoint William Reidinger , Individually of Schaumburg, IL its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds,undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - Surety Bond No.: 30122819 Principal: Brothers Asphalt Paving, Inc. Obligee: Village of Buffalo Grove and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof,duly adopted,as indicated,by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 27th day of February,2018. WESTERN SURETY COMPANY Wes: voq t� `ram>M pf.K�P'` aul T.Bruflat,Vice President State of South Dakota ss County of Minnehaha On this 27th day of February,2018,before me personally came Paul T.Bruflat,to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Sioux Falls, State of South Dakota;that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires J. aMOHR 'I�I'� sour"wucor� June 23,2021 J.Mohr,Notary Public CERTIFICATE I, L.Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force,and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 17th day of March,2021. ? E4 WESTERN SURETY COMPANY :;isSf AvidrILLIeLl �tM Ord L.Nelson,Assistant Secretary Form F4280-7-2012 - - Go to www.cnasuretv.com>Owner/Obligee Services>Validate Bond Coverage,if you want to verify bond authenticity. " • , • • • • - _ y •\` •. Authorizing By-Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company. Section 7. All bonds,policies,undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary,and Assistant Secretary,Treasurer,or any Vice President,or by such other officers as the Board of Directors may authorize. The President,any Vice President,Secretary,any Assistant Secretary,or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds,policies,or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds,policies,undertakings,Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile.