2008-12•
RESOLUTION NO. 2008- 12
A RESOLUTION APPROVING AN AGREEMENT FOR
CONSTRUCTION ENGINEERING SERVICES
RELATED TO THE LINDEN AVENUE LIFT STATION IMPROVEMENTS
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois
Constitution of 1970; and,
WHEREAS, the Village desires to adopt an agreement for the provision of necessary
construction engineering services for the Linden Avenue Lift Station Improvements;
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, LAKE AND COOK COUNTIES,
ILLINOIS as follows:
Section 1: The attached letter agreement RE: "Linden Avenue Lift Station
Improvements Construction Engineering Proposal and Agreement" .related to the Linden
Avenue Lift Station Improvements is hereby approved.
Section 2: The Village Manager hereby authorized and directed to execute the
agreement. A copy of said agreement is attached hereto and made a part hereof.
AYES: 5 - Rrniman, Glover, Kahn, Trilling, Rubin
NAYES: 0 - None
ABSENT: 1 - Berman
PASSED: April 7 , 2008
APPROVED: April 7
ATTEST:
Village Clerk
GAPWDIRGRP\LHC\LPST\Res 08 Linden Ave.doc
2008
Approve
�
Village President
i, ' ' ' r
AGREEMENT
This AGREEMENT made this day of April, 2008 by and between the Village of Buffalo Grove, 51 Raupp
Boulevard, Buffalo Grove, IL 60089; hereinafter called the OWNER, and Marc Kresmary Construction, 1725 Weld
Road, Elgin, IL 60123, hereinafter called the CONTRACTOR, WITNESSETH, that the Contractor and the Owner for the
considerations named agree to the following:
ARTICLE 1 THE WORK
The Contractor shall furnish all labor, material and equipment in performance of the Work which shall consist of the
installation of all improvements shown and described in the Contract Documents entitled Linden Avenue Lift Station
Improvements.
All Work shall be performed in accordance with the Contract Documents as listed in Article 4 including any
amendments or changes in the Work as agreed to between the Owner and the Contractor.
ARTICLE 2 CONTRACT PRICE
In consideration for performance of the Work the Owner shall pay the Contractor the sum of Three Hundred Forty
Three Thousand Five Hundred Dollars and Zero Cents ($343,500.00), subject to any additions and deductions as
lawfully allowed per the Contract. Payments are to be made to the Contractor in accordance with the General
Conditions,
ARTICLE 2 CONTRACT TIME
It is understood and agreed that TIME is the essence of the Contract. The Contractor shall final complete the WORK
within 35 calendar days from the date of receipt of the Notice to Proceed.
ARTICLE 3 LIQUIDATED DAMAGES
If the Contractor shall fail to complete the work within the Contract Time which shall include any proper extension
granted by the Owner, the Contractor shall pay to the Owner an amount equal to Five Hundred Fifty Dollars ($550)
per calendar day for each day past the Contract Time until Final Acceptance of the Work.
The Liquidated Damages amount is agreed upon by and between the Contractor and the Owner because of the
impracticability and difficulty of ascertaining the actual damages the Owner would in such event sustain. The said
amount shall be deducted from the Contract Price at the time of Final Payment,
ARTICLE 4 CONTRACT DOCUMENTS
The Contract shall consist of the following Documents and are referenced as included within this AGREEMENT:
(a) Agreement
(b) Addenda
(c) Bid Forms
(d) Drawings
(e) Special Provisions and Specification Sections
(f) General Conditions
(j) Performance and Payment Bond
(1) Change Orders
It is agreed that the Contract Documents are complementary and what is called for in one shall be binding as if
called for in all. The intention of the Contract Documents is to describe the labor, materials, equipment,
transportation, construction plant, facilities, and incidental construction necessary for the proper execution and
completion of the Work and the terms and conditions of payment.
IN WITNESS WHEREOF, the Parties have caused this Instrument to be executed in two original counterparts on the
day and year first above written.
Contr or: Marc Kresmary Construction, LLC
By: �, ,!
Title: MW, 6esmt !' j %}io.IlQQ,C
Attest:.) 0rGl I
By: -e 1 `dl 1 I/YI (/lit
Title: ffp
Owner: Village of Buffalo Grove
By: 0 VV w,
Title: 14WA# 8 kAtV" .l ,
Attest:
By: 3:o nL L
Title: f j ��l(
•, , , , o
STATE OF ILLINOIS )
SS
COUNTY OF K aA i )
CONTRACTOR'S CERTIFICATION
Mofc Kres me , being first duly sworn on oath, deposes and states that on
behalf of the Contractor, tha his deponent is authorized to make them, and that the statements are true and
correct,
Contractor deposes, states, and certifies that Contractor is not barred from contracting with a unit of state or local
government as a result of (i) any person holding an interest in this Contract in violation of the Illinois Purchasing Act,
(ii) the commission of an act in violation of the Illinois Purchasing Act,; (iii) a default on an educational loan as
provided in "An Act in relation to educational loans, (iv) a delinquency in the payment of any tax administered by the
Illinois Department of Revenue unless Contractor is contesting, in accordance with the procedures established by the
appropriate Revenue Act, its liability for the tax or the amount of tax, or (v) a violation of Section 33 of the Criminal
Code.
DATED this I day of ��2'�-'l� 20
Subscribed and Sw``or, o
before jne this day
of Agf, L , 200
&M,Ah a vv�a_
Notary Public
M A.r c, Kr es, mewl CGS lD7i� ,L C
Cont
By,
Title: Nllxrc, P
My Commission Expires: (P A Z9 0 0 U
OFFICIAL SEAL
DEBORAH A. VENTRE
NOTARY PUBLIC, STATE OF ILLINOIS
MY COMMISSION EXPIRES 6.9 -2009 (SEAL)
BOND #3938186
PERFORMANCE BOND
THIS INSTRUMENT WITNESSETH: That we (1) Marc Kresmery Const
a CONTRACTOR as Principal, and (2) The Ohio Casualty Insuran
a Corporation as Surety organized and existing under and by virtu
Ohio and regularly authorized to do business in tr
bound unto the Village of Buffalo Grove, Illinois, hereinafter called the "Own(
the penal sum of Three Hundred Forty Three Thousand Fi
($ 343,500.00 ) lawful money of.the United Stal
said Owner, for the payment of which we bind ourselves, our heirs, executors,
jointly and severally, firmly by these presents:
WHEREAS, the Principal has entered into a written Contract with the Owner
for the construction of the Work entitled "Linden Avenue Lift Station Im
Contract and the terms as follows:
NOW THEREFORE, the condition of this obligation is such that if the Principal s
and satisfy all covenants, terms, conditions and agreements incurred by the Pi
Contract, during the original term and any extensions which may be granted by tl
the Surety, and shall satisfy all claims and demands and shall fully indemnify an(
cost and damage which the Owner might suffer by reason of the failure of the
Owner may incur in making good any default by the Principal, including any
Principal, to fulfill his obligation to furnish maintenance, repairs, or replacemen
work is completed, then this obligation shall be null and void, otherwise it shall re
In addition, the Principal and Surety, jointly and severally expressly guarantee
workmanship performed, under the Contract shall fulfill all requirements of the
from the date of final acceptance,
•
tion,LLC
of the laws of the State of
State of Illinois, are held and firmly
in accordance with the Contract, in
Hundred and no /100
, well and truly to be paid unto the
ministrators, successors and assigns,
April 7, 2008
" in conformity with the
II faithfully perform the Contract
cipal in the performance of said
Owner, with or without notice to
ave harmless the Owner from all
rincipal to do so, and which the
fault based upon failure of the
for any period of time after the
Sin in full force and effect.
all materials furnished and
(ct for a period of one year
The said Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to
the terms of the Contract or to the Work to be performed shall in any way affect its obligations on this Bond, and it
does waive notice of any such change, extension of time, alteration or addition to the terms of the Contract.
PROVIDED, FURTHER, that no final settlement between the Owner and the
beneficiary whose claim may be unsatisfied,
shall abridge the right of any
IN WITNESS WHEREOF, this instrument is executed in several counterparts, each one of which shall be
deemed and original, this the 7th day of April 20 os
(SEAL) (1) Marc Kresmery Construction LLC
(Principal)
Attest; By,
Title: atc es
(Seal) (2) The Ohio Casualty Insurance Co,
(Surety)
Attest: By_
R
�\ (Attorney in Fact) Kevin Cryer
ft
THE OHIO CASUALTi' rN9- TRANCE COMPAN i
y
Vd T AMERICAN 'INSURANCE C10KPA i Y •
Know All Men by These Presents: That THE OHIO CASUALTY INSURANCE COMPANY, an Ohio Corporation, and WEST
ANo. 39 -:::
MERICAN
! NSURANCE COMPANY. an Indiana Corporation, pursuant to the authority granted by Article III, Section 9 of the Code of Regulations and By -Laws of The Ohio
:�asualty Insurance Company and West American insurance Company, do hereby nominate. constitute and appoint: James P: Waters, Richard 1. Waters, Donald
G. Ettea, Susan J. Smith, Laurie A. Rzepka or Kevin Cry rit
er of Crystal Lake, Illinois its te and iawful agent (s) and attorney (s)-fact. to make, execute, seal
and deliver for and on its behalf as surety, and as its act and deed any and all BONDS, UNDERTAKINGS, and RECOGNIZANCE& not exceeding in any single
instance FIVE MILLION (55.000.000.00) DOLLARS, excluding. however, any bond(s) or undertaking(s) guaranteeing the payment of notes and interest thereon
And the execution of such bonds or undertakings in pursuance of these presents. shall be as binding upon said Companies, as fully and amply, to all intents and
purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Companies at their administrative offices in Fairfield. Ohio, in
their own proper persons.
The authority, granted hereunder supersedes any previous authority heretofore granted the above named attomey(s1 -in -fact.
In WITNESS WHEREOF, the undersigned. officer of the said The Ohio Casualty Insurance Company and West American Insurance
Company has hereunto subscribed his name and affixed the Corporate Seal of each Company this 16th day of March, 2006
4J *�Y INSY.q Pt *N1NSYq -.
Sam Lawrence, Assistant Secretary
STATE OF OHIO,
COUNTY OF BUTLER
On this 16th day of March, 2006 before the subscriber, a Notary Public of the State of Ohio, in and for the County of Butler, duly commissioned and qualified, came
Sam Lawrence, Assistant Secretary of THE OHIO CASUALTY INSURANCE COMPANY and WEST AMERICAN INSURANCE COMPANY, to me personally
known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me
duly sworn deposes and says that he is the officer of the Companies aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said
Companies, and the said Corporate Seals and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said
Corporations.
IN TESTIMONY' WHEREOF. I have hereunto set my hand and affixed my Official Seal at the City of Hamilton, State of Ohio, the day and year first above written.
Notary Public in and for County of Butler, State of'Ohio
My Commission expires August 6. 2007.
This Dower of attorney is granted under and by authority of Article III, Section 9 of the Code of Regulations and By -Laws• of The Ohio Casualty insurance Company
and West American insurance Company. extracts from which read:
Article III. Section 9. Appointment of Anomevs -in -Fact. The Chairman of the Board, the President, any Vice - President, the Secretary or any assistant
Secretary of the corporation shall be and is hereby vested with full Dower and authority to appoint attorneys -in -fact for the purpose of signing the name of the
corporation as surety to. and to execute. attach the seal of the corporation to, acknowledge and deliver an), and all bonds, recognizanees. stipulations, undertakings or
other instruments of suretyship and policies of insurance to be given in favor of any individual, firm. corporation, partnership, limited liability company or other entity.
or the official representative thereof. or to any county or state, or any official board or boards of any county or state, or the United States of America or any agency
thereof, or to any other political subdivision thereof
This instrument is signed and sealed as authorized by the following resolution adopted by the Boards of Directors of the Companies on October 21. 2004:
RESOLVED, That the signature of any officer of the Company authorized under Article M. Section .9 of its Code of Regulations and By -laws and the
Company seal may be affixed by facsimile to any power of attorney or copy thereof issued on behalf of the Companv to make, execute, seal and deliver for and on its
behalf as "surety any and all bonds. undertakings or other written obligations in the nature thereof: to prescribe their respective duties and the respective limits of their
authority: and to revoke any such appointment. Such signatures and seal are hereby adopted by the Company as original signatures and seal and shall, with respect to
ny
a 'bond. undertaking or other written obligations in the nature thereof to which it is attached. be valid and bmdin, upon the Company with the same force and effect
as though manually affixed.
CERTIFICATE
I. the undersigned Assistant Secretary of The Ohio Casualty Insurance Companv and West American Insurance Company, do hereby certify that the foregoing power of
attomey. the referenced By -Laws of the Companies and the above resolution of their Boards of Directors are true and correct copies and are in full force and effect on
this date.
IN WITNESS WHEREOF. I have hereunto set my band and the seals of Cite Companies this 7th day o- April 2008
n e
(c. SLAL '�,' i�. SEAL.
- Assistant Secretan
BOND #3938186
PAYMENT BOND
THIS INSTRUMENT WITNESSETH: That we (1) Marc Kresmery Construction, LLC
a Contractor as Principal, and (z) The Ohio Casualty Insurance Company
Corporation as Surety organized and existing under and. by virtues of the laws of the State of
Ohio and regularly authorized to do business in the State of Illinois, are held and firmly
bound unto the Village of Buffalo Grove, Illinois, hereinafter called the "Owner" in accordance with a
Contract to, in the penal sum of Three Hundred Forty Three Thousand
Five Hundred and no /100 ($ 343,500.00 ) lawful
money of the United States, well and truly to be paid to the Owner, for the payment of which we bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these
presents:
WHEREAS, the Principal has entered into a written Contract with the Owner dated
April 7, 2008 for the construction of the Work entitled "Linden Avenue Lift Station
Improvements," in conformity with the Contract the said Principal has contracted to perform the Work
specified in the Contract in accordance with the terms as follow:
NOW THEREFORE, the condition of this obligation is such that if the Principal shall faithfully satisfy all
claims and demands incurred by the Principal of said Contract, and shall pay all obligations arising and shall
fully indemnify and save harmless the Owner from all cost and damage which the Owner might suffer by
reason of the failure of the Principal to do so, and shall fully reimburse and repay to the Owner all costs,
damages, and expenses which the Owner may incur in making good any default by the Principal, and shall
promptly make payment to all persons supplying labor, equipment or materials for use in the prosecution of
the work as provided for in the Contract, then this obligation shall be null and void, otherwise it shall
remain in full force and effect.
The said Surety, for value received, hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the Contract or to the work to be performed of the Contract
accompanying the same shall in any way affect its obligations on this Bond, and it does waive notice of any
such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the
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.
� � 1
IN WITNESS WHEREOF, this instrument is executed in two counterparts, each one of which shall be deemed an
original, this the 7th. day of April 20o8
(SEAL) (j)_ Marc Kresmery Construction LLC
(Principal)
Attest: By, �2
(Seal)
Attest:
Title:
(2) The Ohio Casualty Insurance Co.
(Surety)
By:
(Attorney in Fact) Kevin Cryer
CO-8 M CERTIFICA
PRODUCIER ' (815)459 -3300 FAX (
MARKET FINANCIAL GROUP, LTD
240 COMMERCE DRIVE
CRYSTAL LAKE, IL 60014
DATE L
02/27/208
4S9 -3360 THIS CERTIFICATE IS INLIFED 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 BELOW.
INSURERS AFFORDING COVERAGE NAIL 4
INSURED
-Z'
12/31/2007
INSuRERA: American Fire & Casualty Co.
24066
Marc Kresmery Construction LLC
172S Weld Road
Elgin, IL 60123
OP ANY MIND UPON THE R1 R, TTS GENTS OR ATIVE9.
INSURER& West American Ins Co.
44393
INSURERC, Ohio Casualty Ins Co.
24074
INSURER D:
DAMAGE Tq RENTED
ERERE:
MED EXP (Any om perenn)
THE POLICIES OF INSURANCE LISTED BELOW HAVE REEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. 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, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
INSR JL
TYPE OF INSURANCE
POWCY NUMBER
-Z'
12/31/2007
POL Y EXPIRATNJN
UMrM
A
OP ANY MIND UPON THE R1 R, TTS GENTS OR ATIVE9.
GENERAL UAIMUrf
X COMMERCIAL GENERAL, LABILITY
CLAIMS MADE i OCCUR
BKA53098000
12/31/2008
EACH OCCURRENCE
3 1,000,0001
DAMAGE Tq RENTED
; 100.0001
MED EXP (Any om perenn)
i S OO
PERSONAL d ADV INJURY
I< 1,666.00(
X
X, C, U
GENERAL AGGREGATE
3 2, OW. 00
GEN'LAOQRE GATE LIMIT APPLIES PER:
POLICY X SCOT LOO
PRODUCTS - COMPMPAGG
6 21000,00(
A
AUTOMABILEUAMUTY
X ANY AUTO
ALL OWNED AUTOS
$CHEDULEO AUTOS
X HIRED AUTOS
X NON -OWNED AUTO$
BAAS309SON
12/31/2007
12/31/2008
COMBINED SINGLE LIMIT
(Ea adtkient)
3
1 ONO OO
BODILY INJURY
tper pomm)
5
BODILY INJURY
(P- w
3
PROPERTY DAMAGE
(Par "W")
3 .......
GARAGE LIABIUTY
ANYAUTO
AUTO ONLY- EAACCIDENT
S
OTHER THAN EAACC
AUTO ONLY. A=
i.
3
C
EXCESSAIMBRELLA UAMLnY
X OCCUR CLAIMS MADE
oEDUCrIBLE
RETENTION s
USOS3098000
12/31/2007
12/11/2009
EACH OCCURRENCE
$ 5,000,00(
AGGREGATE
S 5 000 00
3
s
11
WORKERS COMPENSATION AND
EMPLOYERS` LIABILITY
ANY PRQPRIEi'OR%PARTNERIEXECUTIVE
OFACERAMEMBER EXCLUDED?
u y80 descroe under
SPECIAL PROVISIONS below
XWW53098000
12/31/2007
12/31/2008
x I we STATU- QTH.
E.L. EACH ACCIDENT
a 1, 000,00
E.L. DISEASE - EA EMPLOYEE
3 1, 000 OO
E.L. DISEASE . POLICY LIMIT
$ 11000,000
OTHER
DESCRIPTION OF OPERATIONS 11 1 NXx E5 t CLU5 M ADDED BY E.NOORSEMENT t SPECIAL PROVISIONS
Project; Linden Avenue L t Station Improvelsc+ints. Additional Insureds on a Primary and
onContributory basis: Village of Buffalo Grove (Owner) and Bonestroo, Inc. (Engineer).
eenTlelraTe unI nee d%ALLMM I eTenu
ACORD 26 (2001108) C ACORD CORPORATION 1988
SHOULD ANY OF THE ABOVE DESCRIBED POLXRES BE CANCELLED ¢.FORE THE
EXPIRATION DATE THEREQF, THE ISSUING INSURER WILL ENDEAVOR TO MAR.
10 DAYS WRITTEN NOTICE TO THE OERTIFICATE HOLDER NAMED TO THE LEFT,
Vi l l age of Buffalo Grove
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBUGATION OR LIABILITY
SO Raupp Blvd
OP ANY MIND UPON THE R1 R, TTS GENTS OR ATIVE9.
AvnKM n RlPRESlNTwTNE
Buffalo Grove, IL 60089
Kevin Cr %----
ACORD 26 (2001108) C ACORD CORPORATION 1988