BT Club Painting ProjectVILLAGE OF OAK BROOK
CONTRACT FOR THE
OAK BROOK SWIM & TENNIS CLUB INTERIOR AND EXTERIOR PAINTING PROJECT
Full Name of Contractor: Artisons Painting & Remodeling ("Condacror")
Principal Office Address: 4143 Eberly Avenue, Brookfield, Illinois 60513
Contact Person: Joseph DiGangi Telephone Number: (708) 785-2112
TO: Village of Oak Brook ("Vdlage")
1200 Oak Brook Road
Oak Brook, Illinois
Attention: Chris Thompson, Swim & Tennis Club Manager
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 ofdocuments.
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, all of which is herein referred to as the "Work":
Labor. Equipment. Materials and Suoolies.
Provide, perform, and complete, in the manner
specified and described in this Contract, all
necessary work, labor, services, transportation,
equipment, materials, supplies, information, data,
and other means and items necessary for the Oak
Brook Swim & Tennis Club Interior and Exterior
Painting Project as more fully specified in Exhibit
A attached hereto, at the Oak Brook Swim &
Tennis Club 800 Oak Brook Road, Oak Brook,
Illinois 60523 ("Work Site");
2. Permits. The Village will famish all permits,
licenses, and other governmental approvals and
authorizations necessary in connection therewith;
3. Insurance. Procure and famish insurance
certificates specified in this Contract;
4. Taxes. Pay all applicable federal, state, and local
taxes;
5. Miscellaneous. Do all other things required of
Contractor by this Contract; and
6. Ouaii . Provide, perform, and complete all of the
foregoing in a proper and workmanlike manner,
consistent with the standards of recognized
professional funis in performing Work of a similar
nature, in full compliance with, and as required by
or pursuant, to this Contract, and with the greatest
economy, efficiency, and expedition consistent
therewith, with only new, undamaged, and first
quality equipment, materials, and supplies.
B. Performance Standards. Contractor acknowledges and
agrees that all Work shall be fully provided, performed, and
completed in accordance with the proposal dated March 3, 2017,
attached hereto as Exhibit A.
C. Responsibility for Damage or Loss. Contractor
Proposes, and agrees, that Contractor shall be responsible and
liable for, and shall promptly and without charge to Village repair
or replace, any damage done to, and any loss or injury suffered
by, the Village, the Work, the Work Site, or other property or
persons as a result of the Work.
D. Inspection/Testing/Rejection. Village shall have the
right to inspect all or any part of the Work and to reject all or any
part of the Work that is, in Village's judgment, defective or
damaged or that in any way fails to conform strictly to the
requirements of this Contract and the Village, without limiting its
other rights or remedies, may require correction or replacement at
Contractor's cost, perform or have performed all Work necessary
to complete or correct all or any part of the Work that is
defective, damaged, or nonconforming and charge Contractor
with any excess cost incurred thereby, or cancel all or any part of
any order or this Contract. Work so rejected may be returned or
held at Contractor's expense and risk.
2. Contract Price
Contractor acknowledges and agrees that Contractor shall
take in full payment for all Work and other matters set forth under
Section 1 above, including overhead and profit; taxes,
contributions, and premiums; and compensation to all
subcontractors and suppliers, the compensation set forth below.
A. SCHEDULE OF PRICES
For providing, performing, and completing all Work, the
total Contract Price of $11,577.00
TOTAL CONTRACT PRICE (in writing):
Eleven Thousand Five Hundred and Seventy Seven
Dollars
B. BASIS FOR DETERMINING PRICES
It is expressly understood and agreed that:
I. All prices stated in the Schedule of Prices are firm
and shall not be subject to escalation or change;
2. The Village is not subject to state or local sales,
use, and excise taxes, that no such taxes are
included in the Schedule of Prices, and that all
claim or right to claim any additional compensation
by reason of the payment of any such tax is hereby
waived and released;
3. All other applicable federal, state, and local taxes of
every kind and nature applicable to the Work are
included in the Schedule of Prices.
C. TIME OF PAYMENT
It is expressly understood and agreed that '/. of the
Payment is due upon signing of the contract, and the
remaining Y. of the payment shall be made upon
completion of the work and final approval by the
Village.
All payments may be subject to deduction or setoff by
reason of any failure of Contractor to perform under this
Contract. Each payment shall include Contractor's
certification of the value of, and partial or final waivers
Of lien covering, all Work for which payment is then
requested and Contractor's certification that all prior
payments have been properly applied to the payment or
reimbursement of the costs with respect to which they
were paid.
3. Contract Time
Contractor acknowledges and agrees that Contractor shall
commence the Work within 15 days (weather permitting)
following the Village's acceptance of this Contract provided
Contractor shall have famished to the Village all bonds and all
insurance certificates specified in this Contract ("Commencement
Date"). Contractor further acknowledges and agrees that
Contractor shall perform the Work diligently and continuously
and shall complete the Work not later than March 21, 2017 jar
the Interior Scope, and April 30, 2017, for the Exterior Scope
("Time of Performance") as more fully speciyled in Exhibit A.
The Village may modify the Time of Performance at any time
upon 15 days prior written notice to the Contractor. Delays
caused by the Village shall extend the Time of Performance,
provided, however, that Contractor shall be responsible for
completion of all Work within the Time of Performance,
notwithstanding any strike or other work stoppage by employees
of either Contractor or of the Village.
4. Financial Assurance
A. Insurance. Contractor acknowledges and agrees that
Contractor shall provide certificates of insurance evidencing the
minimum insurance coverages and limits set forth in Exhibit B
within 10 days following the Village's acceptance of this
Contract. Such policies shall be in form, and from companies,
acceptable to the Village. The insurance coverages and limits set
forth Exhibit B shall be deemed to be minimum coverages and
limits and shall not be construed in any way as a limitation on
Contractor's duty to carry adequate insurance or on Contractor's
liability for losses or damages under this Contract. The minimum
insurance coverages and limits that shall be maintained at all
times while providing, performing, or completing the Work are as
set forth in Exhibit B.
B. Indemnification. Contractor acknowledges and agrees
that Contractor shall indemnify and save harmless the Village its
officers, officials, employees and volunteers, against all damages,
liability, claims, losses, and expenses (including attorneys' fee)
that may arise, or be alleged to have arisen, out of or in
connection with Contractor's performance of, or failure to
perform, the Work or any part thereof, or any failure to meet the
representations and warranties set forth in Section 6 of this
Contract.
D. Penalties. Contractor acknowledges and agrees that
Contractor shall be solely liable for any fines or civil penalties
that are imposed by any governmental or quasi -governmental
agency or body that may arise, or be alleged to have arisen, out of
or in connection with Contractor's performance of, or failure to
perform, the Work or any part thereof.
5. Firm Proposal
All prices and other terms stated in this Contract are firm and
shall not be subject to withdrawal, escalation, or change.
6. Contractor's Representations and Warranties
In order to induce the Village to accept this Contract,
Contractor hereby represents and warrants as follows:
A. The Work. The Work, and all of its components, shall
strictly conform to the requirements of this Contract, including,
without limitation, the performance standards set forth in
Subsection IB of this Contract; and shall be fit, sufficient, and
suitable for the purposes expressed in, or reasonably inferred
from, this Contract and the warranties expressed herein shall be in
addition to any other warranties expressed or implied by law,
which are hereby reserved unto the Village.
B. Compliance with Laws. The Work, and all of its
components, shall be provided, performed, and completed in
compliance with, and Contractor agrees to be bound by, all
applicable federal, state, and local laws, orders, rules, and
regulations, as they may be modified or amended from time to
time, including without limitation, if applicable, the Prevailing
Wage Act, 820 ILCS 130/0.01 et seg.; any other prevailing wage
laws; any statutes requiring preference to laborers of specified
classes; any statutes prohibiting discrimination because of, or
requiring affirmative action based on, race, creed, color, national
origin, age, sex, or other prohibited classification; and any
statutes regarding safety or the performance of the Work.
Further, Contractor shall have a written sexual harassment policy
in compliance with Section 2-105 of the Illinois Human Rights
Act during the course of the work.
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 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, as set forth in 65 H.CS 5/11-42.1-1; or
(ii) a violation of either Section 33E-3 or Section 33E4 of Article
33 of the Criminal Code of 1961, 720 ILCS 5/33E-1 et M.
D. Qualified. Contractor has the requisite experience,
ability, capital, facilities, plant, organization, and staff to enable
Contractor to perform the Work successfully and promptly and to
commence and complete the Work within the Contract Price and
Contract Time set forth above.
7. AEhg2Mledeements
In submitting this Contract, Contractor acknowledges and
agrees that:
A. Reliance. The Village is relying on all warranties,
representations, and statements made by Contractor in this
Contract.
B. Acceptance. If this Contract is accepted, Contractor
shall be bound by each and every term, condition, or provision
contained in this Contract.
D. Remedies. Each of the rights and remedies reserved to
the Village in this Contract shall be cumulative and additional to
any other or further remedies provided in law or equity or in this
Contract.
3
E. Time. Time is of the essence in the performance of all
terms and provisions of this Contract and, except where stated
otherwise references in this Contract to days shall be construed to
refer to calendar days and time.
F. No Waiver. No examination, inspection, investigation,
test, measurement, review, determination, decision, certificate, or
approval by the Village, whether before or after the Village's
acceptance of this Contract; nor any information or data supplied
by the Village, whether before or after the Village's acceptance of
this Contract; nor any order by the Village for the payment of
money; nor any payment for, or use, possession, or acceptance of,
the whole or any part of the Work by the Village; nor any
extension of time granted by the Village; nor any delay by the
Village in exercising any right under this Contract; nor any other
act or omission of the Village shall constitute or be deemed to be
an acceptance of any defective, damaged, or nonconforming
Work, nor operate to waive or otherwise diminish the effect of
any representation or warranty made by Contractor; or of any
requirement or provision of this Contract; or of any remedy,
power, or right of the Village.
G. Severability. It is hereby expressed to be the intent of
the parties to this Contract that should any provision, covenant,
agreement, or portion of this Contract or its application to any
Person or property be held invalid by a court of competent
jurisdiction, the remaining provisions of this Contract and the
validity, enforceability, and application to any Person or property
shall not be impaired thereby, but the remaining provisions shall
be interpreted, applied, and enforced so as to achieve, as near as
may be, the purpose and intent of this Contract to the greatest
extent permitted by applicable law.
H. Amendments and Modifications. No amendment or
modification to this Contract shall be effective until it is reduced
to writing and approved and executed by the corporate authorities
of the parties in accordance with all applicable statutory
procedures.
I. Assignment. Neither this Contract, nor any interest
herein, shall be assigned or subcontracted, in whole or in part, by
Contractor except upon the prior written consent of the Village.
J. Governing Law: Venue. This Contract shall be
governed by, construed and enforced in accordance with the
internal laws, but not the conflicts of laws rules, of the State of
Illinois. Venue for any action arising out of or due to this
Contract shall be in the Circuit Court for DuPage County, Illinois.
K. Certified Pavrolls. Contractor shall, in accordance with
Section 5 of the Illinois Prevailing Wage Act, 820 ILCS 130/5,
submit to the Village, on a monthly basis, a certified payroll, if
applicable. The certified payroll shall consist of a complete copy
of those records required to be made and kept by the Prevailing
Wage Act. The certified payroll shall be accompanied by a
statement signed by the Contractor or subcontractor which
certifies that: (1) such records are true and accurate; (2) the hourly
rate paid is not less, if applicable, than the general prevailing rate
of hourly wages required by the Prevailing Wage Act; and (3)
Contractor or subcontractor is aware that filing a certified payroll
that he or she knows to be false is a Class B misdemeanor. A
general contractor may rely upon the certification of a lower tier
subcontractor, provided that the general contractor does not
knowingly rely upon a subcontractor's false certification. Upon
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V1I.6AGE OF OAA BROOK, an Illinois municipal
corporation
ARTISONS PAINTING A RFMOO r ttaG
By:
its
EXIIIBIT A
(PROPOSAL DATED March 3, 2017)
ARTISONS PAINTING & REMODELING
4143 Eberly Avenue
Brookfield, IL 60513
(708) 785-2112
www.artisonSDaintinG.com
info@artisonspainting.com
i
INTERIOR PAINTING CONTRACT PAYMENT TERMS
DESCRIPTION
Date: March 3, 2017
Invoice # [2187)
TO: Chris Thompson
800 Oak Brook Rd
Oak brook, IL
Oak Brook Bath and Tennis Club
630-368-6422
1/4 at the Start, 3/4 Due on Completion
All surfaces and rooms will be properly prepped before painting including caulking with a 55 year caulk, patching, sanding,
refinishing, priming and cleaning. All areas and property will be protected with drop cloths, plastic and tape. We will have the
utmost respect for your property. When we are done each day we will clean up. Totals Include paint, labor and materials.
Interior Scone
1. Oak brook Room (Great Room) Version #1- The 12 pillars will be refinished, sanded and stained to match the ceiling
and joists. There are 8 pillars that are 19'tall and the other 4 pillars are Painted and need to be stripped and stained.
Refinishing and staining Total $5,700
2. Oak Brook Room- Stain all comer round on site prior to installation that will go along the perimeter of the floor.
Staining Total $490.00
3. Oak Brook Room- Paint electrical capping and exposed conduit a color to match the pipes flat. Total $647.00
Exterior Scope
1. Exterior Portico Fascia Face- We will pretreat and power wash the trim face around the Portico and apply 2 coats of
solid stain to match. Total $994.00
Cafe #1- We will apply 2 coats of Premium Exterior self -priming paint to all wood including trim around the screens and
the paneling wall. Total $1,179.00
2. Cafe #2- Remove and install a new storm door. Labor only Total $246.00
3. Caf€ #3- Pretreat and power wash the 25x25' concrete floor and apply an approved epoxy finish. Total $1,439.00
4. Cafe #4- Pretreat and Power wash the fascia face and apply 2 coats of solid stain to match. Total $882.00
Total $11,577
Contract Prepared By: Joseph DiGangi
This is a quotation on the goods and services named, subject to the conditions noted below: (Describe
any conditions pertaining to these prices and any additional terms of the agreement. You may want to
include contingencies that will affect the quotation.) -
To accept this contract, sign here and return:
Your Complete Satisfaction is
Our Absolute Guarantee. THANK YOU FOR YOUR BUSINESS!
EXHIBIT B
()7SURANCE 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 Employers 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 Insureds 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 Insureds 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, 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.