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R2012-157 AUTHORIZING SPENDING AUTHORITY OF CITY MANAGER FOR CONTRACTS WITH GREAT LAKES DREDGE & DOCK COMPANY
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R2012-157 AUTHORIZING SPENDING AUTHORITY OF CITY MANAGER FOR CONTRACTS WITH GREAT LAKES DREDGE & DOCK COMPANY
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8/20/2015 1:27:53 PM
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Resolution/Ordinance
Res Ord Num
R2012-157
Res Ord Title
AUTHORIZING SPENDING AUTHORITY OF CITY MANAGER FOR CONTRACTS WITH GREAT LAKES DREDGE & DOCK COMPANY TO SECURE SUPPLEMENTAL WATER SUPPLY
Approved Date
8/20/2012
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Issued in Triplicate Bond 09080042 <br /> EXHIBIT B:CONTRACT BOND <br /> KNOW ALL PERSONS BY THESE PRESENTS: That Great Lakes Dredge and Dock <br /> Company, LLC, a Delaware Corporation licensed to do business in Illinois, hereinafter called <br /> Contractor, and Fidelity and Deposit Company of Maryland as <br /> Surety, hereinafter called Surety, are held and firmly bound unto the CITY OF DECATUR, an <br /> Illinois municipal corporation as Obligee, hereinafter called Cityin the amount of One Million, <br /> Three Hundred and Ninety Nine Thousand, Nine Hundred and Thirty Four and 00/100 Dollars, <br /> ($1,399,934.00) for the payment whereof Contractor and Surety bind themselves, their heirs, <br /> executors, administrators, successors and assigns,jointly and severally, firmly by these presents. <br /> WHEREAS, Contractor has by written agreement dated August 27 , 2012, entered into <br /> a contract with City for "SANGAMON RIVER CORRIDOR PIPELINE PROJECT", CITY <br /> PROJECT 2012-30, in accordance with Drawings and Specifications prepared by the City <br /> which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. <br /> NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if <br /> Contractor shall promptly and faithfully perform said Contract and is in full compliance with the <br /> Illinois Prevailing Wage Act then this obligation shall be null and void; otherwise it shall remain <br /> in full force and effect. <br /> The Surety hereby waives notice of any alteration of the contract or extension of time <br /> made by City. <br /> Whenever Contractor shall be, and declared by City to be in default under the Contract, <br /> including full compliance with the Illinois Prevailing Wage Act, the City having performed <br /> Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: <br /> 1. Complete the Contract in accordance with its terms and conditions; or <br /> 2. Obtain a bid or bids for completing the Contract in accordance with its terms and <br /> conditions, and upon determination by Surety of the lowest responsible bidder, or if <br /> the City elects, upon determination by the City and the Surety jointly of the lowest <br /> responsible bidder, arrange for a contract between such bidder and City, and make <br /> available as Work progresses (even though there should be a default or a succession <br /> of defaults under the contract or contracts of completion arranged under this <br /> paragraph) sufficient funds to pay the cost of completion less the balance of the <br /> contract price but not exceeding, including other costs and damages for which the <br /> Surety may be liable hereunder, the amount set forth in the first paragraph hereof. <br /> The term "balance of the contract price" as used in this paragraph, shall mean the <br /> total amount payable by City to Contractor under the Contract and any Contract <br /> Change Orders thereto, less the amount properly paid by City to Contractor. <br /> Any suit under this bond must be instituted before the expiration of two (2) years from <br /> the date on which final payment under the Contract falls due. <br /> No right of action shall accrue on this bond to or for the use of any person or corporation <br /> other than the City named herein Signed and sealed this 4th day of September , 2012. <br /> 14 <br />
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