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2021-03-15 - Ordinance 2021-016 - AUTHORIZING A CONSTRUCTION CONTRACT WITH ARROW ROAD CONSTRUCTION COMPANY ORDINANCE NO. 2021-16 AN ORDINANCE AUTHORIZING A CONSTRUCTION CONTRACT WITH ARROW ROAD CONSTRUCTION COMPANY 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 Arrow Road Construction Company for street rehabilitation along various Village streets in the Vintage neighborhood, 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 Arrow Road Construction Company for street rehabilitation along various Village streets in the Vintage neighborhood at a price not to exceed$562,658.42, 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 Suss , i lage Presiden ATTEST: Cg l` . Janet 4 bian,`tillage Cierk Illinois Department Local Public Agency Formal Contract o� of Transportation Contractor's Name Arrow Road Construction Company Contractor's Address City State Zip Code 1445 Oakton Street Elk Grove Village IL 60007 STATE OF ILLINOIS Local Public Agency County Section Number Village of Buffalo Grove Lake VOSS 202146 Street Name/Road Name Type of Funds Vintage General x❑ CONTRACT BOND(when required) For a County and Road District Project For a Municipal Project Submitted/Approved Submitted/Approved/Passed Highway Commissioner Signature Date Si.nature Date irWIPPAIIM EMI • icial Title Submitted/Approved V j LL A(-1� a^ ,CS County Engineer/Superintendent of Highways Date Department of Transportation ❑ Concurrence in approval of award Regional Engineer Signature Date Printed 03/18/21 Page 1 of 2 BLR 12320(Rev.01/21/21) Local Public Agency Local Street/Road Name County Section Number Village of Buffalo Grove Vintage Lake VOBG 2021-06 1. THIS AGREEMENT, made and concluded the 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, andArroW Road Construction Company 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 VOBG 2021-06 Section Number in Village of Buffalo Grove ,approved by the Illinois Department of Transportation on 03/04/21 ,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 Firs Part Date 2)y.v.ft.,Th . 2,,,,Lutit, 3 //C/z ( 3//CAA (SEAL) (If a Corporation) Corporate Name Arrow Road Construction Company President Part of the Second Part Date =MI 3/18/21 Joh F. Healy, President II (SEAL) (If a Limited Lia.1 ity Corporation) L Name Manager or Authorized Member, Party of the Second Part By: (If a Partnership) Partner Date Attest: Secretary Date Partner Date 3/18/21 John F..(-fealy,Jr., ecretary Partners doing Business under the firm name of (SEAL) Party of the Second Part (If an individual) Party of the Second Part Date Printed 03/18/21 Page 2 of 2 BLR 12320(Rev.01/21/21) Bond No. 107267172 #� Illinois Department Contract Bond okm of Transportation Local Public Agency County Street Name/Road Name Section Number Village of Buffalo Grove Lake Vintage VOBG 2021-06 Bond information to be returned to Local Public Agency at 50 Raupp Boulevard, Buffalo Grove, Illinois 60089 • Complete Address We,Arrow Road Construction Company (1445 Oakton Street, Elk Grove Village, Illinois 60007) Contractor's Name and Address a/an Corporation organized under the laws of the State of Delaware as PRINCIPAL, and State Travelers Casualty and Surety Company of America (One Tower Square, Hartford Connecticut 06183) 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 Five Hundred Sixty Two Thousand Six Hundred Fifty Eight Dollars and Forty Two Cents Dollars( $562,658.42 ) 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 Arrow Road Construction Company By By Signature&Title Date Signature&Title Date ivy1€4 3—►� a l Attest ' r k.,L- (A?e //ature&Title Date Signature&Title Date rAi. lt-f� i3 -I % aI J' .-r- 1102_.�4 .1 .]k r. . Cnr..E-1-art./ (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.03/10/21) STATE OF IL COUNTY OF COOK I,Cherie Lynn Brown , a Notary Public in and for said county, do hereby certify that Notary Name John F. Healy and John F. Healy, Jr. 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 OFFICIAL SEAL (SEAL) j CHERIE LYNN BROWN NOTARY PUBLIC,STATE OF ILLINOIS I e&r,/6 ret 4 My Commission Expires August 23.221, Date commission expires 08/23/21 SURETY Name of Surety Title Travelers Casualty and Surety Company of America By: ' ,,( L. es E. McNichols, Attorney—in—Fact STATE OF IL COUNTY OF Will I, Brenda K. Pichler , a Notary Public in and for said county, do hereby certify that Notary Name James E. McNichols 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 "OFFICIAL SEAL" Qrz (SEAL) BRENDA K. PICHLER NOTARY PUBLIC,STATE OF ILLINOIS MY COMMISSION EXPIRES 10/14/2022 Date commission expires 10/14/2022 Approved this day of Day Month,Year Attest: Local Public Agency Clerk Signature Date Awarding Authority 3�fs"�T &J-rAto (,f2-' JC. YL- Awarding Authority ignat Date Clerk //S/Z ! Local Public Agency type Printed 03/18/21 Page 2 of 2 BLR 12321 (Rev.03/10/21) • ! 0.! • . • Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company TRAVELERS St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint James E.McNichols of WESTCHESTER , Illinois , their true and lawful Attorney-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 17th day of January, 2019. /�r�,MO SLA � 4 T`"'4°0 x4,1 i , ' �'• � % r \\ State of Connecticut By. City of Hartford ss. Robert L. Rane , enior Vice President On this the 17th day of January, 2019, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. iNP N'p4 ti• IN WITNESS WHEREOF, I hereunto set my hand and official seal. ' �.1 aelbZ ��� ?<OTARY+b * My Commission expires the 30th day of June, 2021 I* + N a_Fc ` Anna P.Nowik, Notary Public ,ti°kYFcr 'y This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances,contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority;and it is FURTHER RESOLVED,that the signature of each of the following officers: President, any Executive Vice President,any Senior Vice President,any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power o1 Attorney executed by said Companies,which remains in full force and effect. Dated this 16th day of March , 2021 . 7. i Fi{,FOFa i wurrFORD Lri C71P?.14 .OKY. i? COMA o ux t �}\ Kevin E. Hughes,AssiI stant Secretary To verify the authenticity of this Power of Attorney,please call us at 1-800-421-3880, Please refer to the above-named Attorney-in-Fact and the details of the bond to which this Power of Attorney is attached,