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1993-340 0 RESOLUTION NO. 93- 34 A RESOLUTION AWARDING A "CONTRACT FOR PAVEMENT CRACK SEALING 93- 00000 -00 -GM IN THE VILLAGE OF BUFFALO GROVE WHEREAS, the Village President and Board of Trustees of the Village of Buffalo Grove desire to cause pavement crack sealing on designated Village Streets; and, WHEREAS, the approval of a joint contract prepared by the Northwest Municipal Conference is necessary in order to economically proceed with the program; and, WHEREAS, the Illinois Department of Transportation has approved specifications prepared by the Northwest Municipal Conference; NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the Village of Buffalo Grove, Cook and Lake Counties, Illinois as follows: 1. The contract as prepared by the Northwest Municipal Conference for "Pavement Crack Sealing 93- 00000- 00 -GM" is hereby approved and the Village Manager is hereby authorized and directed to execute the contract. A copy of said contract is attached hereto and made a part hereof. AYES:. Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks NAYS: 0 - None ABSENT: 0 - None PASSED: Mav 17 1993 APPROVED: May 17 . 1993 A OV D: illa esident ATTEST: QTIVA 1 Y l .� Vill Clerk 9 9 CONTRACT BOND Bond #8300 -5046 Municipalities Arlington Heights Barrincton Buffalo Grove Glencoe Glenview Hanover Park Libertyville Mount Prospect Skokie. Vernon Hills Wheeling Section 93- 00000 -00 -GM We Behm Pavement Maintenance Incorporated as PRINCIPAL, and Washington International Insurance Company as SURETY, are ne d and firmly bound unto the above Local Agencies hereafter rererred to as "LA ") in the penal sum of Two Hundred Ninety One Thousand Dollars 291,100 lawful money of the United States, well and truly to be .paid unto said LA, for the payment of which we bind ourselves, our heirs, executors, administrators, successors, jointly to pay to the LA 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 LA acting through its awarding authority for the construction of work on the above section, 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 suffered or sustained on account of the performance of such work during the time thereof and until such work is completed and accepted; and has further agreed that this bond shall inure to the benefit of 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 well and truly 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 him 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 LA 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 to be void; otherwise to remain in full force and effect. instrument to be signe their respective officers a "eir corporate seals to be hereunto affixed this 15th day of April A.D. 1993 PRINCIPAL �ehm'PlSvement Maintenance .,ompany Name seal Company Name seal Bye � A I'�S /dPz By: Signature &Title (Signature & Title (If PRINCIPAL is a joint venture of two or more contractors, the company names, seals and authorized signatures of each contractor must be affixed.) SURETY Washington International Insurance Company By: Name of Surety seal SJ. S. hl Attorney -in -Fact STATE OF ILLINOIS, COUNTY OF Lake 19 Carol A. Dougherty a Notary Public in and for said county, do hereby certify that Bill Behm and J. S. Pohl insert names of individuals signing on behalf of PRINCIPAL & SURETY who are each personally known to me to be the same persons whose names are subscribed to the foregoing instrument on behalf of PRINCIPAL and SURETY, appeared before me this day in person and acknowledged respectively, that they: signed, sealed, and delivered said instrument as their free and voluntary act for the uses and purposes therein set forth. Given under my hand and notarial seal this 15th day of Apr 1 1 A. D. 19 93. My commission expires 1 -5 -95 Notar7y P blic Approved this day of A.D. 19 Attest: VJ_11a ^e of - rhiff7:10 'Grove ard. thority (2. t 1 �= Clerk Chai rnSh /Mayor /President (Seal) General WASHINGTON INTERNATIONAL INSURANCE COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Washington International insurance Company,a corporation organize existing under the taws of the State of Arizona, and having its principal office in the Village of Schaum Illinois, does hereby constitute and appoint - - CAROL A. DOUGHERTY. R.O. HOST, J.S. POHL AND JAMES L. SULKOWSKI - - its true and lawful attorney(s) -in -fact to execute, seal and deliver for and on its behalf as surety, any an bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature the which are or may be allowed, required, or permitted by law, statute, rule, regulation, contract or otherwise, the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said Washi International Insurance Company as fully and amply, to alt intents and purposes, as if the saw has been executed and acknowledged by its President at its principal office. This Power of Attorney shalt be limited in amount to :2,000,000.00 for any single obligation. This Power of Attorney is issued pursuant to authority granted by the resolutions of the Board of Directors ad March 22, 1978, July 3, 1980 and October 21, 1986 which read, in part, as follows: 1. The President may designate Attorneys -in -Fact, and authorize them to execute on behalf of the Company, attach the Seat of the.Company thereto, bonds, and undertakings, recognizances, contracts of indemnity and writings obligatory in the nature thereof, and to appoint Special Attorneys -in -Fact, who are hereby authorize certify to copies of any power -of- attorney issued in pursuant to this section and /or any of the By -laws of Company, and to remove, at any time, any such Attorney -in -Fact or Special Attorney -in -Fact and revoke the author given him." 2. The signatures of the Chairman of the Board, the President, Vice President, Assistant Secretary. Tres! .and Secretary, and the corporate seat of the Company, may be affixed to any Power of Attorney, certificate, bor undertaking relating thereto, by facsimile. Any such Power of Attorney, certificate bond or undertaking bee such facsimile signature or facsimile seal affixed in the ordinary course of business shall be valid and bir upon the company. IN TESTIMONY WHEREOF, the Washington International Insurance Company has caused this instrument to be signed anc corporate seal to be a P a1 horized officer, his 7th day of October, 1992. ju ••���a���z/Zr WASHING 'CORPORATE CD ; SEAL ; �; Steven i STATE OF ILLINOI % ARIZONA - : -��� S!O, 00 COUNTY OF COOK S lS�y 484609 ���ayiAr On this 7th day f Octo y �AA.�49�L, before me came personally known, and, being by me duly sworn, said Washington International insurance Company; that the Company; TIONAL INSURANCE COMPANY Vice Pres the individual who executed the preceding instrument, t( that he is the therein described and authorized officer of seal affixed to said instrument is the Corporate Seal of , IN TESTIMONY WHEREOF, 1 have hereunto set my hand and affixed my Official Seal, the day and year first at written. 5 "OFFICIAL SEAL" CHRISTINE ZARETSKY S Notary Public, State of Illinois (� My Comm':sion Expires 10 -7 -96 CERTIFICATE STATE OF ILLINOIS ) COUNTY OF COOK ) mistime Zaretsky; Notary Pub ;4c My Commission Expirey October ;U 1996 1, the undersigned, Secretary of WASHINGTON INTERNATIONAL INSURANCE COMPANY, an ARIZONA Corporation, DO HER CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked, furthermore that Article 111, Section S of the By-laws of the Corporation, and the Resolution of the Board Directors, set forth in the Power of Attorney, are now in force. Signed and seated in the County of Cook. Dated th 5th dax,of April 19 93 Lewms M. Moeller, Secretary O ffiinois Departm ent of Transportation 1. THIS AGREEMENT, made and concluded the day of 19 93 ,between the Village of Buffalo Grove Contract acting by and through its President and Village Board known as the party of the first part, and Behm Pavement Maintenance Inc. his /their executors, administrators, successors or assigns, known as the party of the second part. 2. WITNESSETH: That 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 to these presents, the party of the second part agrees with said party of the first part at his /their own proper cost and expense to do all the work, furnish all materials and all labor necessary to complete the work in ac- cordance with the plans and specifications hereinafter described, and in full compliance with all of the terms of this agreement and the requirements of the Engineer under it. 3. And it is also understood and agreed that the Notice to Contractors, Special Provisions, Proposal and Contract Bond hereto attached, and the Plans for Section in Buffalo Grove 93- 00000 -00 -GM , approved by the Department of Transportation of the State of Illinois March 23 '1993 , are all essential documents of this contract and area part hereof. 4. IN WITNESS WHEREOF, The said parties have executed these presents on the date above mentioned. Attest: The VJ of Buff• to Grove. C. Clerk BY Party of the First Part (Seal) (If a Corporation) Corporate Name Behm Pavement Maintenance Inc. Y Preside Party of the Second Part (If a Co- Partnership) Attest: ,etary Partners doing Business under the firm name of Party of the Second Part (If an Individual) Party of the Second Part BLR 5710 rRev P /PAI