R-1788 - 02/26/2019 - BATH & TENNIS - Resolutions Exhibits '9 Ef
REVIEW OF CONTRACTS
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village of Oak Brook I Approved by Board of Trustees• DateArittlals:
VILLAGE OF OAK BROOK
CONTRACT FOR THE
OAK BROOK BATH & TENNIS CLUB INTERIOR PAINTING PROJECT
Full Name of Contractor: National Decorating Service, Inc. ("Contractor'')
Principal Office Address: 2210 Camden Court, Oak Brook, Illinois 60523-1272
Contact Person:Joel Mantley, Estimating/VP Telephone Number: 630-571-8110
TO: Village of Oak Brook("Village")
1200 Oak Brook Road
Oak Brook, Illinois
Attention: Doug Patchin, Public Works Director
Contractor warrants and represents that Contractor has
carefully examined the Work Site described below and
has reviewed and understood all documents included,
referred to, or mentioned in this bound set of documents.
1. Work
A. Contract and Work. Contractor acknowledges,
and agrees, that Contractor shall, at its sole cost and
expense, provide, perform, and complete, in the manner
specified and described, and upon the terms and
conditions set forth, in this Contract, all of the following, 5. Miscellaneous. Do all other things required
all of which is herein referred to as the"Work": of Contractor by this Contract; and
1. Labor Equipment, Materials, and Supplies. 6. Qualit . Provide, perform, and complete all
Provide, perform, and complete, in the of the foregoing in a proper and workmanlike
manner specified and described in this manner, consistent with the standards of
Contract, all necessary work, labor, services, recognized professional firms in performing
transportation, equipment, materials, Work of a similar nature, in full compliance
supplies, information, data, and other means with, and as required by or pursuant, to this
and items necessary for the Oak Brook Bath Contract, and with the greatest economy,
& Tennis Club Interior Painting Project, as efficiency, and expedition consistent
specified in Exhibit A attached hereto, at the therewith, with only new, undamaged, and
Oak Brook Bath & Tennis Club, 800 Oak first quality equipment, materials, and
Brook Road, Oak Brook, Illinois 60523 supplies.
("Work Site");
B. Performance Standards. Contractor
2. Permits. The Village will furnish all acknowledges and agrees that all Work shall be fully
permits, licenses, and other governmental provided, performed, and completed in accordance with
approvals and authorizations necessary in the Proposal dated February 14, 2019, attached hereto as
connection therewith; Exhibit A.
3. Bonds and Insurance. Procure and furnish C. Responsibility for Damage or Loss. Contractor
all bonds and all insurance certificates and proposes, and agrees, that Contractor shall be
policies of insurance specified in this responsible and liable for, and shall promptly and
Contract; without charge to Village repair or replace, any damage
done to, and any loss or injury suffered by, the Village,
4. Taxes. Pay all applicable federal, state, and the Work, the Work Site, or other property or persons as
local taxes; a result of the Work.
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D. Inspection/Testing/Rejection. Village shall have All payments may be subject to deduction or
the right to inspect all or any part of the Work and to setoff by reason of any failure of Contractor to
reject all or any part of the Work that is, in Village's perform under this Contract. Each payment
judgment, defective or damaged or that in any way fails shall include Contractor's certification of the
to conform strictly to the requirements of this Contract value of, and partial or final waivers of lien
and the Village, without limiting its other rights or covering, all Work for which payment is then
remedies, may require correction or replacement at requested and Contractor's certification that all
Contractor's cost, perform or have performed all Work prior payments have been properly applied to
necessary to complete or correct all or any part of the the payment or reimbursement of the costs with
Work that is defective, damaged, or nonconforming and respect to which they were paid.
charge Contractor with any excess cost incurred thereby,
or cancel all or any part of any order or this Contract. 3. Contract Time
Work so rejected may be returned or held at Contractor's
expense and risk. Contractor acknowledges and agrees that Contractor
shall commence the Work within 15 days (weather
2. Contract Price permitting) following the Village's acceptance of this
Contract provided Contractor shall have furnished to the
Contractor acknowledges and agrees that Contractor Village all bonds and all insurance certificates specified
shall take in full payment for all Work and other matters in this Contract ("Commencement Date"). Contractor
set forth under Section 1 above, including overhead and further acknowledges and agrees that Contractor shall
profit; taxes, contributions, and premiums; and perform the Work diligently and continuously and shall
compensation to all subcontractors and suppliers, the complete the Work not later than April 30, 2019("Time
compensation set forth below. of Performance"). The Village may modify the Time of
Performance at any time upon 15 days prior written
A. SCHEDULE OF PRICES notice to the Contractor. Delays caused by the Village
shall extend the Time of Performance; provided,
For providing, performing, and completing all however, that Contractor shall be responsible for
Work, the total Contract Price of$30,012.00 completion of all Work within the Time of Performance,
notwithstanding any strike or other work stoppage by
TOTAL CONTRACT PRICE (in writing): employees of either Contractor or of the Village.
Thirty Thousand and Twelve Dollars Only 4. Financial Assurance
B. BASIS FOR DETERMINING PRICES A. Bonds. Contractor acknowledges and agrees
that Contractor shall provide a Performance Bond and a
It is expressly understood and agreed that: Labor and Material Payment Bond, on forms provided
by, or otherwise acceptable to, the Village, from a surety
1. All prices stated in the Schedule of Prices company acceptable to the Village, each in the penal sum
are firm and shall not be subject to of the Contract Price, within 10 days following the
escalation or change; Village's acceptance of this Contract.
2. The Village is not subject to state or local B. Insurance. Contractor acknowledges and agrees
sales, use, and excise taxes, that no such that Contractor shall provide certificates of insurance
taxes are included in the Schedule of Prices, evidencing the minimum insurance coverages and limits
and that all claim or right to claim any set forth in Exhibit B within 10 days following the
additional compensation by reason of the Village's acceptance of this Contract. Such policies shall
payment of any such tax is hereby waived be in form, and from companies, acceptable to the
and released; Village. The insurance coverages and limits set forth
Exhibit B shall be deemed to be minimum coverages and
3. All other applicable federal, state, and local limits and shall not be construed in any way as a
taxes of every kind and nature applicable to limitation on Contractor's duty to carry adequate
the Work are included in the Schedule of insurance or on Contractor's liability for losses or
Prices. damages under this Contract. The minimum insurance
coverages and limits that shall be maintained at all
C. TIME OF PAYMENT times while providing, performing, or completing the
Work are as set forth in Exhibit B.
It is expressly understood and agreed that all
payments shall be made upon completion of the
work and final approval by the Village.
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B. Indemnification. Contractor acknowledges and delinquency in the payment of any tax administered by
agrees that Contractor shall indemnify and save the Illinois Department of Revenue unless Contractor is
harmless the Village its officers, officials, employees and contesting, in accordance with the procedures
volunteers, against all damages, liability, claims, losses, established by the appropriate Revenue Act, its liability
and expenses (including attorneys' fee)that may arise, or for the tax or the amount of tax, as set forth in 65 ILCS
be alleged to have arisen, out of or in connection with 5/11-42.1-1; or (ii) a violation of either Section 33E-3 or
Contractor's performance of, or failure to perform, the Section 33E-4 of Article 33 of the Criminal Code of 1961,
Work or any part thereof, or any failure to meet the 720 ILCS 5/33E-1 et seg.
representations and warranties set forth in Section 6 of
this Contract. D. Qualified. Contractor has the requisite
experience, ability, capital, facilities, plant, organization,
D. Penalties. Contractor acknowledges and agrees and staff to enable Contractor to perform the Work
that Contractor shall be solely liable for any fines or civil successfully and promptly and to commence and
penalties that are imposed by any governmental or complete the Work within the Contract Price and
quasi-governmental agency or body that may arise, or be Contract Time set forth above.
alleged to have arisen, out of or in connection with
Contractor's performance of, or failure to perform, the 7. Acknowledgements
Work or any part thereof.
In submitting this Contract, Contractor
5. Firm Proposal acknowledges and agrees that:
All prices and other terms stated in this Contract are A. Reliance. The Village is relying on all
firm and shall not be subject to withdrawal, escalation, warranties, representations, and statements made by
or change. Contractor in this Contract.
6. Contractor's Representations and Warranties B. Acceptance. If this Contract is accepted,
Contractor shall be bound by each and every term,
In order to induce the Village to accept this Contract, condition, or provision contained in this Contract.
Contractor hereby represents and warrants as follows:
C. Remedies. Each of the rights and remedies
A. The Work. The Work, and all of its components, reserved to the Village in this Contract shall be
shall strictly conform to the requirements of this cumulative and additional to any other or further
Contract, including, without limitation, the performance remedies provided in law or equity or in this Contract.
standards set forth in Subsection 1B of this Contract;
and shall be fit, sufficient, and suitable for the purposes D. Time. Time is of the essence in the performance
expressed in, or reasonably inferred from, this Contract of all terms and provisions of this Contract and, except
and the warranties expressed herein shall be in addition where stated otherwise references in this Contract to
to any other warranties expressed or implied by law, days shall be construed to refer to calendar days and
which are hereby reserved unto the Village. time.
B. Compliance with Laws. The Work, and all of its E. No Waiver. No examination, inspection,
components, shall be provided,performed, and completed investigation, test, measurement, review, determination,
in compliance with, and Contractor agrees to be bound decision, certificate, or approval by the Village, whether
by, all applicable federal, state, and local laws, orders, before or after the Village's acceptance of this Contract;
rules, and regulations, as they may be modified or nor any information or data supplied by the Village,
amended from time to time, including without limitation, whether before or after the Village's acceptance of this
if applicable, the Prevailing Wage Act, 820 ILCS Contract; nor any order by the Village for the payment of
130/0.01 et sea.; any other prevailing wage laws; any money; nor any payment for, or use, possession, or
statutes requiring preference to laborers of specified acceptance of, the whole or any part of the Work by the
classes; any statutes prohibiting discrimination because Village; nor any extension of time granted by the Village;
of, or requiring affirmative action based on, race, creed, nor any delay by the Village in exercising any right
color, national origin, age, sex, or other prohibited under this Contract; nor any other act or omission of the
classification; and any statutes regarding safety or the Village shall constitute or be deemed to be an acceptance
performance of the Work. Further, Contractor shall of any defective, damaged, or nonconforming Work, nor
have a written sexual harassment policy in compliance operate to waive or otherwise diminish the effect of any
with Section 2-105 of the Illinois Human Rights Act representation or warranty made by Contractor; or of
during the course of the work. any requirement or provision of this Contract; or of any
remedy, power, or right of the Village.
C. Not Barred. Contractor is not barred by law
from contracting with the Village or with any other unit
of state or local government as a result of (i) a
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F. Severability. It is hereby expressed to be the shall make available for inspection the records required
intent of the parties to this Contract that should any to be made and kept by the Act: (i) to the Village, its
provision, covenant, agreement, or portion of this officers and agents, and to the Director of the Illinois
Contract or its application to any Person or property be Department of Labor and his or hers deputies and
held invalid by a court of competent jurisdiction, the agents; and (ii) at all reasonable hours at a location
remaining provisions of this Contract and the validity, within this State.
enforceability, and application to any Person or property
shall not be impaired thereby, but the remaining K. Conflicts of Interest. Contractor represents and
provisions shall be interpreted, applied, and enforced so certifies that, to the best of its knowledge, (1) no elected
as to achieve, as near as may be, the purpose and intent or appointed Village official, employee or agent has a
of this Contract to the greatest extent permitted by personal financial interest in the business of the
applicable law. Contractor or in this Agreement, or has personally
received payment or other consideration for this
G. Amendments and Modifications. No amendment Agreement; (2) as of the date of this Agreement, neither
or modification to this Contract shall be effective until it Contractor nor any person employed or associated with
is reduced to writing and approved and executed by the Contractor has any interest that would conflict in any
corporate authorities of the parties in accordance with all manner or degree with the performance of the
applicable statutory procedures. obligations under this Agreement; and (3) neither
Contractor nor any person employed by or associated
H. Assignment. Neither this Contract, nor any with Contractor shall at any time during the term of this
interest herein, shall be assigned or subcontracted, in Agreement obtain or acquire any interest that would
whole or in part, by Contractor except upon the prior conflict in any manner or degree with the performance of
written consent of the Village. the obligations under this Agreement.
I. Governing Law: Venue. This Contract shall be L. Exhibits and Other Agreements. If any conflict exists
governed by, construed and enforced in accordance with between this Agreement and any exhibit attached hereto
the internal laws, but not the conflicts of laws rules, of or any other Agreement between the parties relating to
the State of Illinois. Venue for any action arising out of this transaction, the terms of this Agreement shall
or due to this Contract shall be in the Circuit Court for prevail.
DuPage County, Illinois.
M. No Disclosure of Confidential Information by the
J. Certified Payrolls. Contractor shall, in Consultant. The Consultant acknowledges that it
accordance with Section 5 of the Illinois Prevailing Wage shall, in performing the Services for the Village under
Act, 820 ILLS 130/5, submit to the Village, on a monthly this Agreement, have access, or be directly or
basis, a certified payroll, if applicable. The certified indirectly exposed, to Confidential Information. The
payroll shall consist of a complete copy of those records Consultant shall hold confidential all Confidential
required to be made and kept by the Prevailing Wage
Act. The certified payroll shall be accompanied by a Information and shall not disclose or use such
statement signed by the Contractor or subcontractor Confidential Information without the express prior
which certifies that: (1) such records are true and written consent of the Village. The Consultant shall
accurate; (2) the hourly rate paid is not less, if use reasonable measures at least as strict as those the
applicable, than the general prevailing rate of hourly Consultant uses to protect its own confidential
wages required by the Prevailing Wage Act; and (3) information. Such measures shall include, without
Contractor or subcontractor is aware that filing a limitation, requiring employees and subcontractors of
certified payroll that he or she knows to be false is a the Consultant to execute a nondisclosure agreement
Class B misdemeanor. A general contractor may rely before obtaining access to Confidential Information.
upon the certification of a lower tier subcontractor,
provided that the general contractor does not knowingly
rely upon a subcontractor's false certification. Upon two
business days' notice, Contractor and each subcontractor
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IN WITNESS WHEREOF the parties fic.,roo VII,LAGE OF OAK BROOK. on Illinois
have caused this Agreement to IX? OX"Utod, municipal corporation
offective,on 20IR
ATTEST:
A
Bv:
..................
By:,_
Village Clerk Village Manager
t rEST: NATIONAL DECORATING SERVIC C,
By
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EXHIBIT A
(PROPOSAL DATED FEBRUARY 14, 2019)
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1NATIONAL DECORATING SERVICE, INC.
2210 CAMDEN COURT
OAK BROOK,IL. 60523-1272
TELEPHONE(630)571-8110 FAX (630)571-0053
February 14,2019
Village of Oak Brook
ATTN:Doug Hroba
RE:Bath&Tennis Popcorn Ceiling/Window Frames
We propose to furnish labor,material and equipment necessary to complete the following work on the project
referred to above.
Common Area Ceiling
Exiting popcorn ceiling will be completely skim coated smooth for new flat finish coat.Sanding in-between coats.
Existing popcorn ceiling will be primed and finish coated in flat latex in color selected.
$ 1,790.00
Common Area Walls
Drywall walls will be prepared as necessary,completely primed and finish coated in latex eggshell in color
selected.
Hollow metal frames will be prepared as necessary,completely primed and finish coated in latex pre-cad in color
selected.Common Area side only.
$ 1,500.00
Pond View
Drywall walls will be prepared as necessary,completely primed and finish coated in latex eggshell in color
selected.
Hollow metal frames will be prepared as necessary,completely primed and finish coated in latex pre-cad in color
selected.Pond Area side only.
Existing wood windows will be prepared as necessary,completely primed,caulk/patch all voids and finish
coated in latex pre-cad in color selected.
$ 8,256.00
Main Area/Bar Area
Drywall walls will be prepared as necessary,completely primed and finish coated in latex eggshell in color
selected.
Hollow metal frames will be prepared as necessary,completely primed and finish coated in latex pre-cad in color
selected.Main/Bar area side only.
$4,491.00
Bar fronts will be prepared as necessary,completely primed,caulk/patch all voids and finish coated in latex pre-
cad in color selected.
$875.00
Exiting wood windows will be prepared as necessary,completely primed,caulk/patch all voids and finish coated
in latex pre-cad in color selected.
$ 13,100.00
Note: Above pricing is based off of doing All projects at same time.
No work on popcorn ceiling,bar area,bar front,behind bar,posts,back of house,replacing drywall,removal of fire
sprinkler rings,can light rings and walls.
Our pricing is based on all work being performed during Regular working hours and completed prior to June 1,
2019.
Thank you,
Joel Mantey
Estimating/VP
National Decorating Service
EXHIBIT B
(INSURANCE REQUIREMENTS)
Certificates of Insurance shall be presented to the Village upon execution of this contract and vendor shall not
commence work until it provides and receives acceptance of insurance certificates from the Village as required by
this exhibit.
Each contractor performing any work pursuant to a contract with the Village of Oak Brook and each permittee
working under a permit as required pursuant to the provisions of Title 1 of Chapter 8 of the Code of Ordinances of
the Village of Oak Brook (hereinafter referred to as "Insured") shall be required to carry such insurance as
specified herein. Such contractor and permittee shall procure and maintain for the duration of the contract or
permit insurance against claims for injuries to persons or damages to property which may arise from or in
connection with the performance of the work under the contract or permit, either by the contractor, permittee, or
their agents, representatives, employees or subcontractors.
A contractor or permittee shall maintain insurance with limits no less than:
A. General Liability - $2,000,000 combined single limit per occurrence for bodily injury, personal injury and
property damage;
B. Automobile Liability (if applicable) - $1,000,000 combined single limit per accident for bodily injury and
property damage;
C. Worker's Compensation and Employer's Liability -Worker's Compensation limits as required by the Labor
Code of the State of Illinois and Employer's Liability limits of$1,000,000 per accident.
Any deductibles or self-insured retention must be declared to and approved by the Village. At the option of the
Village, either the insurer shall reduce or eliminate such deductible or self-insured retention as respects the
Village, its officers, officials, employees and volunteers; or the Insured shall procure a bond guaranteeing
payment of losses and related investigations, claim administration and defense expenses to the extent of such
deductible or self-insured retention.
The policies shall contain, or be endorsed to contain, the following provisions:
D. General Liability and Automobile Liability Coverage -
(1)The Village, its officers, officials, employees and volunteers are to be covered as additional insureds as
respects: liability arising out of activities performed by or on behalf of the Insured; premises owned,
occupied or used by the Insured. The coverage shall contain no special limitations on the scope of
protection afforded to the Village, its officers, officials, employees, volunteers,or agents.
(2)The Insured's insurance coverage shall be primary insurance as respects the Village, its officers,
officials, employees, volunteers and agents. Any insurance or self-insurance maintained by the
Village, its officers, officials, employees, volunteers or agents shall be in excess of the Insured's
insurance and shall not contribute with it.
(3)Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the
Village, its officers, officials, employees,volunteers or agents.
(4)The Insured's insurance shall apply separately to each covered party against whom claim is made or
suit is brought except with respect to the limits of the insurer's liability.
E. Worker's Compensation and Employer's Liability Coverage
The policy shall waive all rights of subrogation against the Village, its officers, officials, employees,
7
volunteers and agents for losses arising from work performed by the insured for the Village.
Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled by either
party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail has
been given to the Village. Each insurance policy shall name the Village, its officers, officials and employees,
volunteers and agents as additional Insureds. Insurance is to be placed with insurers with a Best's rating of no
less than A:VII.
Each Insured shall furnish the Village with certificates of insurance and with original endorsements effecting
coverage required by this provision. The certificate and endorsements for each insurance policy are to be signed
by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to
be on forms approved by the Village and shall be subject to approval by the Village Attorney before work
commences. The Village reserves the right to require complete, certified copies of all required insurance policies,
at any time.
Each insured shall include all subcontractors as insureds under its policies or shall furnish separate certificates
and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
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CNASURETY
Performance Bond
Bond No. 929631635
CONTRACTOR: SURETY: Western Surety Company
(Name, legal status and address) (Name, legal status and principal place
of business)
National Decorating Service, Inc. 151 N. Franklin Street
2210 Camden Court 17th Floor
Oak Brook, IL 60523 Chicago, IL 60606 This document has important legal
consequences. Consultation with
OWNER: an attorney is encouraged with
(Name, legal status and address) respect to its completion or
modification.
Village of Oak Brook Any singular reference to
1200 Oak Brook Road Contractor, Surety,Owner or
other party shall be considered
Oak Brook, IL 60523 plural where applicable.
CONSTRUCTION CONTRACT AIA Document A312-2010
Date: February 26, 2019 combines two separate bonds,a
Performance Bond and a
Amount: $30,012.00 Thirty Thousand Twelve Dollars and 00/100 Payment Bond, into one form.
This is not a single combined
Description: Performance and Payment Bond.
(Name and location)
Oak Brook Bath &Tennis Club Interior Painting
BOND February 27, 2019
Date:
(Not earlier than Construction Contract Date)
Amount: $30,012.00 Thirty Thousand Twelve Dollars and 00/100
Modifications to this Bond: ® None ❑ See Section 16
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CONTRACTOR AS PRINCIPAL SURETYL�`" q�`e��� ';v'
Company: (Corporate Seal) Company: (Corize Sealj mss' :
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National Decorating Service Inc. Western Sure Company
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Signature:
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Signature:� Signature:
Josina R
Name .S'4 m�f � � Name
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and Title: � f and Title: Attorney-i - act
(Any additional?ign91 re r on the last page of this Performance Bond.)
(FOR INFORMATION ONLY—Name,address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE:
(Architect,Engineer or other party.)
Mesirow Insurance Services, Inc.
353 N. Clark
Chicago, IL 60654-9934
Printed in cooperation with the American Institute of Architects(AIA).
The language in this document conforms to the language used in AIA Document A312-Performance Bond-2010 Edition. 1
fit
I I 1�1* 00
§1 The Contractor and Surety,jointly and severally,bind themselves, their heirs,executors, administrators, successors
and assigns to the Owner for the performance of the Construction Contract,which is incorporated herein by reference.
§2 If the Contractor performs the Construction Contract,the Surety and the Contractor shall have no obligation under
this Bond,except when applicable to participate in a conference as provided in Section 3.
§3 If there is no Owner Default under the Construction Contract,the Surety's obligation under this Bond shall arise
after
.1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring
a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among
the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not
request a conference,the Surety may,within five(5)business days after receipt of the Owner's notice,
request such a conference. If the Surety timely requests a conference,the Owner shall attend. Unless
the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten
(10)business days of the Surety's receipt of the Owner's notice. If the Owner,the Contractor and the
Surety agree,the Contractor shall be allowed a reasonable time to perform the Construction Contract,
but such an agreement shall not waive the Owner's right,if any,subsequently to declare a Contractor
Default;
.2 the Owner declares a Contractor Default,terminates the Construction Contract and notifies the Surety;
and
.3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the
Construction Contract to the Surety or to a contractor selected to perform the Construction Contract.
§4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure
to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to
the extent the Surety demonstrates actual prejudice.
§5 When the Owner has satisfied the conditions of Section 3,the Surety shall promptly and at the Surety's expense
take one of the following actions:
§5.1 Arrange for the Contractor,with the consent of the Owner,to perform and complete the Construction Contract;
§5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent
contractors;
§5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for
performance and completion of the Construction Contract,arrange for a contract to be prepared for execution by the
Owner and a contractor selected with the Owner's concurrence,to be secured with performance and payment bonds
executed by a qualified surety equivalent to the bonds issued on the Construction Contract,and pay to the Owner the
amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as
a result of the Contractor Default;or
§5.4 Waive its right to perform and complete,arrange for completion,or obtain a new contractor and with reasonable
promptness under the circumstances:
.1 After investigation, determine the amount for which it may be liable to the Owner and,as soon as
practicable after the amount is determined, make payment to the Owner;or
.2 Deny liability in whole or in part and notify the Owner,citing the reasons for denial.
§6 If the Surety does not proceed as provided in Section 5 with reasonable promptness,the Surety shall be deemed to
be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety
demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any
remedy available to the Owner. If the Surety proceeds as provided in Section 5.4,and the Owner refuses the payment
or the Surety has denied liability,in whole or in part,without further notice the Owner shall be entitled to enforce any
remedy available to the Owner.
Printed in cooperation with the American Institute of Architects(AIA).
The language in this document conforms to the language used in AIA Document A312-Performance Bond-2010 Edition. 2
§7 If the Surety elects to act under Section 5.1, 5.2 or 5.3,then the responsibilities of the Surety to the Owner shall not
be greater than those of the Contractor under the Construction Contract,and the responsibilities of the Owner to the
Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the
Owner to pay the Balance of the Contract Price,the Surety is obligated, without duplication,for
.1 the responsibilities of the Contractor for correction of defective work and completion of the
Construction Contract;
.2 additional legal,design professional and delay costs resulting from the Contractor's Default,and
resulting from the actions or failure to act of the Surety under Section 5;and
.3 liquidated damages,or if no liquidated damages are specified in the Construction Contract,actual
damages caused by delayed performance or non-performance of the Contractor.
§8 If the Surety elects to act under Section 5.1, 5.3 or 5.4,the Surety's liability is limited to the amount of this Bond.
§9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the
Construction Contract,and the Balance of the Contract Price shall not be reduced or set off on account of any such
unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its
heirs,executors,administrators, successors and assigns.
§10 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to
related subcontracts,purchase orders and other obligations.
§11 Any proceeding,legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in
the location in which the work or part of the work is located and shall be instituted within two years after a declaration
of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety
refuses or fails to perform its obligations under this Bond,whichever occurs first. If the provisions of this Paragraph
are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of
the suit shall be applicable.
§12 Notice to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page
on which their signature appears.
§13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where
the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be
deemed incorporated herein. When so furnished,the intent is that this Bond shall be construed as a statutory bond and
not as a common law bond.
§14 Definitions
§14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction
Contract after all proper adjustments have been made,including allowance to the Contractor of any amounts received
or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is
entitled,reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction
Contract.
§14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page,
including all Contract Documents and changes made to the agreement and the Contract Documents.
§14.3 Contractor Default. Failure of the Contractor,which has not been remedied or waived,to perform or otherwise to
comply with a material term of the Construction Contract.
§14.4 Owner Default. Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required
under the Construction Contract or to perform and complete or comply with the other material terms of the
Construction Contract.
§14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor.
§15 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond
shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
Printed in cooperation with the American Institute of Architects(AIA).
The language in this document conforms to the language used in AIA Document A312-Performance Bond-2010 Edition. 3
§16 Modifications to this bond are as follows:
(Space is provided below for additional signatures of added parties,other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature: Signature:
Name and Title: Name and Title:
Address Address
Printed in cooperation with the American Institute of Architects(AIA).
The language in this document conforms to the language used in AIA Document A312-Performance Bond-2010 Edition. 4
CNASURETY
Payment Bond
Bond No. 929631635
CONTRACTOR: SURETY: Western Surety Company
(Name, legal status and address) (Name, legal status and principal place
of business)
National Decorating Service, Inc.
151 N. Franklin Street
2210 Camden Court 17th Floor
Oak Brook, IL 60523 Chicago, IL 60606 This document has important legal
consequences. Consultation with
OWNER: an attorney is encouraged with
(Name, legal status and address) respect to its completion or
modification.
Village of Oak Brook Any singular reference to
1200 Oak Brook Road Contractor, Surety,Owner or
Oak Brook, IL 60523 other party shall be considered
plural where applicable.
CONSTRUCTION CONTRACT AIA Document A312-2010
Date: February 26, 2019 combines two separate bonds, a
Performance Bond and a
Amount: $30,012.00 Thirty Thousand Twelve Dollars and 00/100 Payment Bond, into one form.
This is not a single combined
Description: Performance and Payment Bond.
(Name and location)
Oak Brook Bath &Tennis Club Interior Painting
BOND
Date: February 27, 2019
(Not earlier than Construction Contract Date)
Amount: $30,012.00 Thirty Thousand Twelve Dollars and 00/100
Modifications to this Bond: X❑ None ❑ See Section 18 50t E s�4�%
f.0,ih
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Cor" ta, a f
National Decorating Service, Inc. Western Surety Company
bliNfillip,
Y
Signature Signature-
Josqfina R
Namern�p� fel Name
and Title: � _ •� �. t and Title: Attorney-i - ct
(Any additional sdgnaluresnappear on the last page of this Payment Bond.)
(FOR INFORMATION ONLY—Name, address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE:
(Architect,Engineer or other party.)
Mesirow Insurance Services, Inc.
353 N. Clark
Chicago, IL 60654-9934
Printed in cooperation with the American Institute of Architects(AIA).
The language in this document conforms to the language used in AIA Document A312-Payment Bond-2010 Edition. 5
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§1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors, administrators, successors
and assigns to the Owner to pay for labor,materials and equipment furnished for use in the performance of the
Construction Contract,which is incorporated herein by reference,subject to the following terms.
§2 If the Contractor promptly makes payment of all sums due to Claimants,and defends, indemnifies and holds
harmless the Owner from claims,demands, liens or suits by any person or entity seeking payment for labor, materials
or equipment furnished for use in the performance of the Construction Contract,then the Surety and the Contractor
shall have no obligation under this Bond.
§3 If there is no Owner Default under the Construction Contract,the Surety's obligation to the Owner under this Bond
shall arise after the Owner has promptly notified the Contractor and the Surety(at the address described in Section 13)
of claims,demands,liens or suits against the Owner or the Owner's property by any person or entity seeking payment
for labor,materials or equipment furnished for use in the performance of the Construction Contract and tendered
defense of such claims, demands,liens or suits to the Contractor and the Surety.
§4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense
defend,indemnify and hold harmless the Owner against a duly tendered claim,demand,lien or suit.
§5 The Surety's obligations to a Claimant under this Bond shall arise after the following:
§5.1 Claimants,who do not have a direct contract with the Contractor,
.1 have furnished a written notice of non-payment to the Contractor,stating with substantial accuracy the
amount claimed and the name of the party to whom the materials were,or equipment was,furnished or
supplied or for whom the labor was done or performed,within ninety(90)days after having last
performed labor or last furnished materials or equipment included in the Claim;and
.2 have sent a Claim to the Surety(at the address described in Section 13).
§5.2 Claimants,who are employed by or have a direct contract with the Contractor,have sent a Claim to the Surety(at
the address described in Section 13).
§6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor,that is sufficient to
satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1.
§7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2,whichever is applicable, the Surety shall
promptly and at the Surety's expense take the following actions:
§7.1 Send an answer to the Claimant,with a copy to the Owner,within sixty(60)days after receipt of the Claim,
stating the amounts that are undisputed and the basis for challenging any amounts that are disputed;and
§7.2 Pay or arrange for payment of any undisputed amounts.
§7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to
constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim,except as to undisputed
amounts for which the Surety and Claimant have reached agreement. If,however,the Surety fails to discharge its
obligations under Section 7.1 or Section 7.2,the Surety shall indemnify the Claimant for the reasonable attorney's
fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant.
§8 The Surety's total obligation shall not exceed the amount of this Bond,plus the amount of reasonable attorney's
fees provided under Section 7.3,and the amount of this Bond shall be credited for any payments made in good faith
by the Surety.
§9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance
of the Construction Contract and to satisfy claims,if any,under any construction performance bond. By the
Contractor furnishing and the Owner accepting this Bond,they agree that all funds earned by the Contractor in the
performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this
Bond,subject to the Owner's priority to use the funds for the completion of the work.
Printed in cooperation with the American Institute of Architects(AIA).
The language in this document conforms to the language used in AIA Document A312-Payment Bond-2010 Edition. 6
§10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are
unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any
Claimant under this Bond,and shall have under this Bond no obligation to make payments to,or give notice on behalf
of, Claimants or otherwise have any obligations to Claimants under this Bond.
§11 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to
related subcontracts,purchase orders and other obligations.
§12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent
jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the
expiration of one year from the date(1)on which the Claimant sent a Claim to the Surety pursuant to
Section 5.1.2 or 5.2,or(2)on which the last labor or service was performed by anyone or the last materials or
equipment were furnished by anyone under the Construction Contract,whichever of(1)or(2)first occurs. If the
provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a
defense in the jurisdiction of the suit shall be applicable.
§13 Notice and Claims to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown
on the page on which their signature appears. Actual receipt of notice or Claims,however accomplished, shall be
sufficient compliance as of the date received.
§14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where
the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be
deemed incorporated herein. When so furnished,the intent is that this Bond shall be construed as a statutory bond and
not as a common law bond.
§15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond,the Contractor and
Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made.
§16 Definitions
§16.1 Claim. A written statement by the Claimant including at a minimum:
.1 the name of the Claimant;
.2 the name of the person for whom the labor was done,or materials or equipment furnished;
.3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was
furnished for use in the performance of the Construction Contract;
.4 a brief description of the labor, materials or equipment furnished;
.5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in
the performance of the Construction Contract;
.6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of
the Claim;
.7 the total amount of previous payments received by the Claimant;and
.8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the
date of the Claim.
§16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the
Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The term
Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien
or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to
include without limitation in the terms"labor, materials or equipment"that part of water,gas,power,light,heat,oil,
gasoline, telephone service or rental equipment used in the Construction Contract,architectural and engineering
services required for performance of the work of the Contractor and the Contractor's subcontractors,and all other
items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were
furnished.
§16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page,
including all Contract Documents and all changes made to the agreement and the Contract Documents.
Printed in cooperation with the American Institute of Architects(AIA).
The language in this document conforms to the language used in AIA Document A312-Payment Bond-2010 Edition. 7
§16.4 Owner Default. Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required
under the Construction Contract or to perform and complete or comply with the other material terms of the
Construction Contract.
§16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor.
§17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond
shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
§18 Modifications to this bond are as follows:
(Space is provided below for additional signatures of added parties,other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature: Signature:
Name and Title: Name and Title:
Address Address
Printed in cooperation with the American Institute of Architects(AIA).
The language in this document conforms to the language used in AIA Document A312-Payment Bond-2010 Edition. 8
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
Josefina Rojo , Individually
of Chicago, 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 -
SuretyBond No.: 929631635
Principal: National Decorating Service, Inc.
Obligee: Village of Oak Brook
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.
�.sET WESTERN SURETY COMPANY
§y S�TN'pFr<a1P``;
�"•�. 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.MOHR
rrorAnrwauc i ��/II���I�e�- Jl ,
June 23,2021 SOUTH DAKOTA
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 27th day of February,2019.
suRETy�
WESTERN SURETY COMPANY
*;`r@A-
�lijN OPK%
L.Nelson,Assistant Secretary
Form F4280-7-2012
Go to www.cnasurety.com>Owner/Obligee Services>Validate Bond Coverage,if you want to verify bond authenticity.
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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.
State of Illinois
County of Cook
On this 27th day of February 2019,before me personally appeared
Josefina Rojo ,known to me to be the Attorney-in-fact of
Western Surety Company ,the corporation that executed the
within instrument,and acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the
aforesaid county,the day and year in this certificate first above written.
(Notary Public)
(Seal) j
I
RODS PAEtQISON
NOTARY PUBLIC-STATE OF ILLINOIS
My COW#SSION EXpM:03118119
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