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Old Butler School West End Wall RepairVillage of Oak Brook Old Butler School West End Wall Repair Project February, 2012 Table of Contents Section A. Proposal B. Instructions C. Specifications D. General Conditions E. Statement of Contractor's Qualifications F. Certification G. Contract H. Contract Bond Section A Proposal 2012 Old Butler School West End Wall Repair Project 1. COST OF WORK: The undersigned, acting for and on behalf of contractor and having familiarized himself with conditions affecting the cost of the work and its performance and having carefully examined and fully understood the entire package, hereby affirms and agrees to enter into a contract with the Village of Oak Brook, Oak Brook, IL. To provide all supervision, labor, material, equipment and all other expense items to completely perform the work covered by all specifications for the work. The undersigned submits herewith his bid for the indicated item as follows: Complete the Old Butler School West End Wall Repair Project as contained in Section C: Lump Sum Total $54,875 In Words Fifty-four thousand, eight hundred and seventy-five dollars 2. COSTS: The undersigned contractor hereby affirms and states the prices quoted herein constitute the total cost to the Village for all work involved in the respective items and that this cost also includes all insurance, royalties, transportation charges, use of all tools and equipment, superintendence, overhead expense, all profits and all other work, services and conditions necessarily involved in the work to be done and materials to be furnished in accordance with the requirements of the contract documents considered severally and collectively. 3. INSTRUCTIONS: The undersigned contractor shall comply with all provisions and requirements of this Package. 4. TIME OF COMPLETION: The undersigned affirms and declares that he will completely perform said contract in strict accordance with its terms and conditions beginning on or after t 2o)2 and fully completed by J u Kc- I , 2D )'z unless additional time shall be granted by the Village in accordance with the provisions of Page 1 the specifications. Should the contractor fail to complete the work by said date or within such extended time as may have been allowed, the contractor shall be liable to the Village. Firm Name: "(-- Address: ?�--' S. 4-,v�, Su�Te 3?�01 City, State Signature: Name Printed: Ge, A. Ve"C�EL, Title: i W c. t CSA L-- Telephon�----St2) ' `�`J`i �7Q Date: If a Corporation: ATTE ecretary Page 2 Section B Instructions 1. PROJECT DESCRIPTION: Old Butler School West End Wall Repair Project. A. The contractor agrees that if the Village decides to extend or shorten the work, or otherwise alter it by extras or deductions, including elimination of one or more of the items, as provided in the specifications, he will perform the work as altered, increased or decreased, at the contract unit price. B. The contractor further agrees that the Village representative may at any time during the progress of the work covered by this Contract, order other work or materials incidental thereto and that all such work and materials as do not appear in the bid or contract as a specific item covered by a lump sum price, and which are not included under the bid price for other items in the Contract, shall be performed as extra work, and compensation shall be as set forth in the specifications. C. The contractor further agrees to execute all documents within this Package, obtain a Certificate of Insurance for this work and present all of these documents within fifteen (15) days after the receipt of the Notice of Award and the Contract by him. D. The contractor further agrees that he and his surety will execute and present within fifteen (15) days after the receipt of the Notice of Award and the Contract, a Contract bond satisfactory to and in the form prescribed by the Village, in the penal amount of 100% of the Contract amount, guaranteeing the faithful performance of the work and payment for labor, material supplies, and subcontractors in accordance with the terms of the Contract. E. The contractor further agrees to begin work not later than ten (10) days after receipt of the Notice to Proceed, unless otherwise provided, and to execute the work in such a manner and with sufficient materials, equipment and labor as will insure its completion within the time limit specified within, it being understood and agreed that the completion within the time limit is an essential part of the contract. F. The contractor shall furnish evidence satisfactory to the Village that he has necessary facilities, ability and pecuniary resources to fulfill the conditions of the Contract. S. If the contractor is in doubt as to the true meaning of any part of the plans, specifications or other proposed contract documents, he may submit to the Public Works Director a written request for an interpretation thereof. The person submitting the request will be responsible for its prompt delivery. Any interpretation of the documents will be made only by addendum duly issued by the Village. The Village will not be responsible for any other explanation or interpretation of the Bid Package. 2. SUBSTITUTIONS: N/A Page 1 3. CONDITIONS: The Village is exempt from Federal excise tax (#36-600-9534) and the Illinois Retailer's Occupation Tax (#E9997-4381-06). This contract cannot include any amounts of money for these taxes. 4. GUARANTEE: Contractor will guarantee all work for a period of twelve (12) months against faulty material and/or workmanship. Consequently, the contractor's Contract Bond will extend to the twelve (12) months past the date of final acceptance of the entire work by the President and Board of Trustees of the Village. If any defect appears within the twelve (12) month guarantee period, the contractor will repair any and all such defects solely at his cost and at no cost to the Village. 5. PAYMENT: The Village of Oak Brook authorizes the payment of invoices on the second and fourth Tuesday of the month. For consideration on one of these dates, payment request must be received no later than fourteen (14) days prior to the second or fourth Tuesday of the month. 6. INDEMNIFICATION: The Contractor shall protect, indemnify, save, defend and hold forever harmless the Village and/or its officers, officials, employees, volunteers and agents from and against all liabilities, obligations, claims, damages, penalties, causes of action, costs and expenses, including without limitation court costs, insurance deductibles and attorney's fees and expenses, which the Village and/or its officers, officials, employees, volunteers and agents may incur, suffer or sustain, or for which the Village and/or its officers, employees and agents may become obligated by reason for any accident, injury to or death of persons or loss of or damage to property, or civil and/or constitutional infringement of rights (specifically including violations of the Federal Civil Right Statutes), arising indirectly or directly in connection with or under, or as a result of, this or any Agreement by virtue of any act or omission of any of the Contractor's officers, employees, subcontractors, and/or agents, provided that the Contractor shall not be liable for claims, obligations, damages, penalties, causes of action, costs and expenses arising solely by any act or omission of the Village's officers, officials, employees, volunteers and/or agents. The contractor shall hold the Village harmless for any and all claims for labor, material, apparatus, equipment, fixtures or machinery furnished to the contractor for the purpose of performing the work under the contract; and the payment of 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 the contract is in force. 7. INSURANCE: Certificates of Insurance shall be presented to the Village within fifteen (15) days after the receipt by the contractor of the Notice of Award and the unexecuted contract, it being understood and agreed that the Village will not approve and execute the contract until acceptable insurance certificates are received and approved by the Village. Page 2 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, provided that when the estimated cost of the work in question does not exceed $5,000, the required limit shall be $500,000; 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. Page 3 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. 8. SAFETY: The contractor and any subcontractors shall comply with all the provisions of the Federal Occupational Safety and Health Act of 1970 (84 Stat. 1590), as amended. 9. EQUAL OPPORTUNITY: The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, ancestry, national origin, place of birth, age or handicap unrelated to bona fide occupational qualifications. 10. PREVAILING RATE OF WAGES: All wages paid by the Contractor and each subcontractor shall be in compliance with The Prevailing Wage Act (820 ILCS 130), as amended, except where a prevailing wage violates a federal law, order, or ruling, the rate conforming to the federal law, order, or ruling shall govern. The Contractor shall be responsible to notify each subcontractor of the wage rates set forth in this contract and any revisions thereto. If the Department of Labor revises the wage rates, the revised rate as provided by the public body shall apply to this contract and the Contractor will not be allowed additional compensation on account of said revisions. Contractor will comply with the Illinois prevailing wage law, as amended from time to time. Not less than the prevailing rate of wages as found by Owner or the Illinois Department of Labor shall be paid to all laborers, workers and mechanics performing work under the Contract. If the Department of Labor revises the prevailing rate of wages to be paid laborers, workers or Page 4 mechanics under the Contract, Owner will notify Contractor and each Subcontractor of the change in the prevailing rate of wages; provided, however, regardless of whether Owner gives such notice, the revised prevailing rate of wages shall apply to the Contract and Contractor shall have the sole responsibility and duty to pay, and ensure that all Subcontractors pay, the revised prevailing rate of wages to each person to whom a revised rate is applicable. Revision of the prevailing wages shall not result in an increase in the Contract sum or other cost to Owner. Contractor shall indemnify, defend and hold Owner harmless from any loss, including but not limited to Owner's attorneys fees, resulting from Contractor's failure to comply with this prevailing wage clause. All bonds applicable to the Contract shall include a provision as will guarantee the faithful performance of the obligation to pay the prevailing rate of wages. The Contractor and each subcontractor shall make and keep, for a period of not less than 3 years, records of all laborers, mechanics, and other workers employed by them on the project; the records shall include each worker's name, address, telephone number when available, social security number, classification or classifications, the hourly wages paid in each period, the number of hours worked each day, and the starting and ending times of work each day. The Contractor and each subcontractor shall submit monthly, in person, by mail, or electronically a certified payroll to the public body in charge of the project. The certified payroll shall consist of a complete copy of the records. The certified payroll shall be accompanied by a statement signed by the contractor or subcontractor which states that: (i) such records are true and accurate; (ii) the hourly rate paid to each worker is not less than the general prevailing rate of hourly wages required; and (iii) the contractor or subcontractor is aware that filing a certified payroll that he or she knows to be false is a Class B misdemeanor. Upon 2 business days' notice, the contractor and each subcontractor shall make available for inspection the records to the public body in charge of the project, its officers and agents, and to the Director of Labor and his deputies and agents at all reasonable hours at a location within this State. The Contractor and each subcontractor shall permit his/her employees to be interviewed on the job, during working hours, by compliance investigators of the Department or the Department of Labor. 11. EMPLOYMENT OF ILLINOIS WORKERS DURING PERIODS OF EXCESSIVE UNEMPLOYMENT: The Contractor shall comply with all Illinois statutes pertaining to the selection of labor. Whenever there is a period of excessive unemployment in Illinois, which is defined herein as any month immediately following 2 consecutive calendar months during which the level of unemployment in the State of Illinois has exceeded 5 percent as measured by the United States Bureau of Labor Statistics in its monthly publication of employment and unemployment figures, the Contractor shall employ only Illinois laborers. "Illinois laborer" means any person who has resided in Illinois for at least 30 days and intends to become or remain an Illinois resident. Other laborers may be used when Illinois laborers as defined herein are not available, or are incapable of performing the particular type of work involved, if so certified by the Contractor and approved by the Municipality. The Contractor may place no more than 3 of his regularly Page 5 employed non-resident executive and technical experts, who do not qualify as Illinois laborers, to do work encompassed by this Contract during a period of excessive unemployment. This provision applies to all labor, whether skilled, semi -skilled or unskilled, whether manual or non -manual. 12. COPIES OF DOCUMENTS The number of copies of Contract and Bond required to be executed is as follows: a) Two (2) original counterparts of the Contract documents will be required to be executed. 13. EXECUTION OF DOCUMENTS The Contractor, in signing the contract on the whole or on any portion of the work, shall conform to the following requirements: A contract signed by an individual other than the individual represented in the documents shall have attached thereto a power of attorney evidencing authority to sign in the name of the person for whom it is signed. A contract signed for a partnership shall be signed by all of the partners or by an attorney-in-fact. If signed by an attorney-in-fact, there shall be attached a power of attorney evidencing authority to sign by the partners. A contract signed for a corporation, shall have the correct corporate name thereof and the signature of the President or other authorized officer of the corporation manually written below the corporate name. If such contract is manually signed by an official other than the President of the Corporation, a certified copy of a resolution of the board of directors evidencing the authority of such official to sign should be attached to it. Such contract shall also bear the attesting signature of the Secretary of the corporation and the impression of the corporate seal. 18. NON -DISCRIMINATING: The contractor, its employees and subcontractors, agrees not to commit unlawful discrimination and agrees to comply with applicable provisions of the Illinois Human Rights Act, the U.S. Civil Rights Act and Section 504 of the Federal Rehabilitation Act, and rules applicable to each. 19. INDEPENDENT CONTRACTOR: There is no employee/employer relationship between the Contractor and the Village. Contractor is an independent contractor and not the Village's employee for all purposes, including, but not limited to, the application of the Fair Labors Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the Worker's Compensation Act (820 ILCS 305/1, et seq.). The Village will not (i) provide any form of insurance coverage, including but not limited to Page 6 health, worker's compensation, professional liability insurance, or other employee benefits, or (ii) deduct any taxes or related items from the monies paid to Contractor. The performance of the services described herein shall not be construed as creating any joint employment relationship between the Contractor and the Village, and the Village is not and will not be liable for any obligations incurred by the Contractor, including but not limited to unpaid minimum wages and/or overtime premiums, nor does there exist an agency relationship or partnership between the Village and the Contractor. 20. ASSIGNMENT Neither the Village nor the Contractor shall assign or transfer any rights or obligations under this Agreement without the prior written consent of the other party, which consent shall not be unreasonably withheld. 21. GOVERNING LAW This Agreement shall be governed by the laws of the State of Illinois as to interpretation, performance and enforcement. The forum for resolving any disputes concerning the parties' respective performance or failure to perform under this Agreement shall be the Circuit Court for the Eighteenth Judicial Circuit, DuPage County, Illinois. Page 7 Section C Specifications 2012 Old Butler School West End Wall Repair Project Page 1 Old Butler School PROPOSAL SUBMITTED TO: R E S T 0 R A T 1 ON C O N S U L T I N G A N D C O N T R A C T I N G 1604 Chicago Avenue, Suite 1 Evanston, It. 60201 m,,-(847) 492-0416 r .x(847)492-9816 www.HStoric.com . m reslorlcllefecarthlink.net Page No. 4 of i Pages NAME Mr. Mike Hullihan PHONE DATE 2/9/2012! STREET 1200 Oak Brook Road JOB NAME West Wing Wall Project CRY Oak Brook STREET Same STATE IL 60523 CITY Same STATE Same instruct and rebuild west upper gable wing wall to roofline using original and matching brick per ifications; deconstruct and rebuild west chimney from roofline up, pour a new chimney cap and install flue liner as required. Flash all masonry work with copper flashing into existing roofing. Temporarily cantle attic HVAC ductwork to access interior wall as required. Clean, reassemble and insulate ducts i completion of masonry work. Work includes all lifts/scaffolding as required for access. NOTE., of Oak Brook permit fees shat/be reimbursed by Owner. We hereby propose to furnish labor and materials --complete in accordance with the above specifications, for the sum of $54,875 (not -to -exceed) with payment to be made as follows: Work to be scheduled within 21 -days receipt of the signed proposal and a 113 down payment. Progress payments shall be submitted as work is completed. Final payment shall be due upon delivery. Interest shall be charged at 2% per month for all payments past due. This proposal is subject to binding All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any -Iteration or deviation from above specifications involving extra costs will he executed only upon written orders and Oil become an extra charge over and above the estimate. All agreements contingent upon stokes, accident, or delays beyond our control. This proposal is subject to acceptancewith' 0 days and R is void thereafter at the option of the undemigned Restorie, LLC carries Geaer _ Jrd � ,fir. �,� - ud shall provide a Certificate of Ltsurauce far 5125. Authorized Signature ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Accepted: Date: DESIGN I SPECIFICATION Signature: Signature: PROJECT MANAGEMENT I CONSTRUCTION Section D General Conditions 1. Contractor shall have five (5) years of experience which is comparable in type and scope to this project. 2. Work hours are 7:00 a.m. to 3:30 p.m. Monday through Friday. Any deviation is subject to the approval of the Village representative. 3. The project will be done on consecutive work days until completed, delays only to inclement weather. 4. Contractor is required to obtain all necessary permits from the Village of Oak Brook, and schedule required inspections through Community Development. 5. The contractor shall supply to the Village, phone numbers where he/she can be reached after normal working hours. 6. The contractor must submit with the bid proposal five (5) references, names and phone numbers of similar projects completed within the last two (2) years. 7. The contractor must submit all manufacturers' literature on all materials that will be used on this project, including M.S.D.S. (Material Safety Data Sheets) prior to any work beginning. 8. A storage location for supplies, ladders and scaffolding shall be mutually agreed upon between the Village and the contractor before any material is stored on site. Deliver material with manufacturers labels intact and legible, store material on raised platforms and cover material with protective covering. 9. Before work is started, deliver to the job site sufficient material to complete the project. 10. If a dumpster is required, the location of the dumpster placement shall be mutually agreed upon between the Village and the contractor. 11.All ladders and scaffolding shall be maintained during the course of this project and shall be secured at the end of each workday. 12. Provide barricades to ensure that falling debris will not injure anyone, and to prevent public access to the work area at all times. Yellow "CAUTION" tape will be placed below the immediate work areas of laborers and scaffolds to warn the public of men working overhead. 13.At all times the work and storage areas shall be kept in a clean, orderly, and a picked up manner, to prevent debris from blowing. Clean adjoining streets and immediate vicinity at the end of each work day. Sidewalks, windowsills, roofs and other work areas will be broom swept to remove all debris. Daily material and debris not placed into dumpster will be removed from the site. 14. Upon completion of the project the work area shall be cleaned. All debris and remaining material and supplies shall be removed from the jobsite, including the dumpster within 72 hours of completion. Page 1 15. Upon completion the Contractor shall supply a one year warranty covering material and workmanship; contractor shall submit sample warranty with bid. Page 2 Section E Statement of Contractor's Qualifications All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Contractor may submit any additional information he or she desires. 1. Name of Contractor:�� S i/Z�� � &, 2. Permanent main office address: C�-j. MIG%}LeA J C" lGA6-::1v , �A_ (e O(o03 3. When organized: 4. If a corporation, where incorporated: 5. How many years have you been engaged in the contracting business under your present firm or trade name: `4:- 6. Contracts on hand: (Schedule these, showing amount of each contract and the appropriate anticipated dates of completion) �•>U�roN 4Ah 5rOR�f/ (C f/q 7. General character of work performed by your company: �TDCZ- 8. Have you ever defaulted on a contract: i]0 9. List, on an attached sheet, the more important projects recently completed by your company, stating the approximate cost for each, and the month and year completed. Include a contact person and phone # for each. 10. List your major equipment available for this contract. Nou+✓ KEG7U,(Lc� 11. Experience in work similar in importance to this project: 12. Background and experience of the principal members of your organization, including the officers. fJ�p `/�btl� •� �r�t.> 24 `1�A25 13. Credit available: 14. Bank reference: CA Page 1 15. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the Village of Oak Brook: TEn,� r 1( �l l) 16. The undersigned hereby authorizes and requests any person, firm, or corporation to furnish any information requested by the Village of Oak Brook in verification of the recitals comprising this Statement of Contractor's Qualifications. DATED at C-' t rk-/\&27 , Illinois this IZ day ofA. U<k--- By: �G N U (Z�- Title STATE OF ILLINOIS N/y/4'') COUNTY OF 04- SS. being duly sworn deposes and says that he is the and that the answers to the foregoing questions and all statements therein contained are true and correct. SUBSCRIBED and sworn to before me this /2— day of /%li,-eh BIZ 2012. t;rwoam A,,, OFFICIAL SEAL ANTHONY M JENNINGS Notary Public • State of Illinois My Commission Expires Mer 21, 2015 Page 2 Section F Certification The undersigned, being first duly sworn an oath, deposes and states that he has the authority to make this certification on behalf of the bidder for the construction, product, commodity, or service briefly described as follows: "2012 Old Butler School West End Wall Repair Project" (A) The undersigned certifies that, pursuant to Chapter 720, Section 5/33E of the Illinois Compiled Statutes, 1993, is not barred from bidding as a result of a conviction for the violation of State of Illinois laws prohibiting bid -rigging or bid -rotating. (B) The undersigned states under oath that, pursuant to Chapter 65, Section 5/11- 42.1-1 of the Illinois Compiled Statutes, 1993, is not delinquent in the payment of any tax administered by the Illinois Department of Revenue. (C) The undersigned certifies that, pursuant to Chapter 775, Section 5/2-105. of the Illinois Compiled Statutes, 1993, has a written sexual harassment policy in place including the following information: 1. An acknowledgment of the illegality of sexual harassment. 2. The definition of sexual harassment under State law. 3. A description of sexual harassment, utilizing examples. 4. The contractor's internal complaint process including penalties. 5. The legal recourse, investigative and complaint process available through the Illinois Department of Human Rights and the Human Rights Commission. 6. Directions on how to contact the Department or the Commission. This business firm is: (check one) Corporation Partnership Individual Firm Name:1�5� 01G , tel. C -- Address: S • till Gl-(l �� A�/i✓ �j�Q) City, State, ZIP: �iIL�C�Z7 �L_ (oDlp jj� Name Printed: N AL &,. \/66E1_ Title: re -4 N U F'f�- L -- 5t -2- - -- J(2' SS -f- -7`FSLr Date: Page 1 ATTEST: -SEAL- SUBSCRIBED AND SWORN TO before me this /,�- day of 1plwc h , 20 /Z OFFICIAL SEAL ANTHONY M JENNINGS Notary Public - State of Illinois My Commission Expires Mar 21, 2015 Notary u Page 2 Section G Contract 2012 Old Butler School West End Wall Repair Project 1. THIS AGREEMENT, made and concluded this 14th day of February 2012, between the Village of Oak Brook, a municipal corporation, acting by and through its President and Board of Trustees, known as VILLAGE, and Restoric Restoration Consulting and Contracting, his executors, administrators, successors or assigns, known as CONTRACTOR. 2. WITNESSETH: That for and in consideration of the payments and agreements mentioned hereto attached, to be made and performed by the VILLAGE, and according to the terms expressed in the Bond (if applicable) referring to these presents, the CONTRACTOR agrees, at their own proper cost and expense, to do all work, furnish all materials and all labor necessary to complete the work in accordance with the plans and specifications hereinafter described, and in full compliance with all of the terms of this Contract. 3. And it is also understood and agreed that the entire Package hereto attached, approved by the VILLAGE this 14th day of February, 2012, are all essential documents of this contract and are;j ereof. 4. IN WITNESS WHEREOF, e above mentioned date. / U ATTEST: �7 Page 1 executed these presents on the Village 1 IF Partners doing Business under the firm name of �% Glc' i r c, Party of the Second Part Page 2 (If a Co -Partnership) If an Individual arty of the Second Part SEXUAL HARASSMENT CERTIFICATE Restoric Restoration Consultinq and Contracting hereinafter referred to as "Contractor" having submitted a bid/proposal for 2012 Old Butler School West End Wall Repair Proiect , to the Village of Oak Brook, DuPage/Cook Counties, Illinois, hereby certifies that said Contractor has a written sexual harassment policy in place in full compliance with 775 ILCS 5/2-105(A)(4) including the following information: 1. An acknowledgment of the illegality of sexual harassment. 2. The definition of sexual harassment under State law. 3. A description of sexual harassment, utilizing examples. 4. The contractor's internal complaint process including penalties. 5. The legal recourse, investigative and complaint process available through the Illinois Department of Human Rights and the Human Rights Commission. 6. Directions on how to contact the Department or the Commission. 7. An acknowledgment of protection of a complaint against retaliation as provided in Section 6-101 of the Human Rights Act. Each contractor must provide a copy of su Human Rights upon request. 0 Subscribed and sworn to before me this 12, day of rjlAIeli —.20 /-2— ------------- OFFICIAL SEAL ANTHONY M JENNINGS Notary Public • State of Illinois My Commission Expires Mar 21, 2015 Page 3 CONTRACTOR'S CERTIFICATIONS (CONTRACT EXECUTION) Restoric Restoration Consultinq and Contracting having executed a contract for 2012 Old Butler School West End Wall Repair Project with the VILLAGE, hereby certifies that said contractor is not barred from executing said contract as a result of a violation of either Section 5/33E-3 or 5/33E-4 of Chapter 720 of the Illinois Compiled Statutes. (DRUG-FREE WORKPLACE) Contractor deposes, states and certifies it will provide a drug free workplace by complying with Section 3 of the Illinois Drug Free Workplace Act, being 30 ILCS 580/3. ,l f. Attest/Witness: Contr By: By: 7a -me of Contractor's Execu Ing Officer Subscribed and Sworn to before me this /'?— day of !%my -eh 20/z Page 4 Title: Title of Contractor's Executing Officer My Commission Expires: g 21 Zo)S OFFICIAL SEAL ANTHONY M JENNINGS Notary Public • State of Illinois My Commission Expires Mar 21, 2015 PREVAILING WAGE AFFIDAVIT I, I�i�A L A' (name of signatory), on oath hereby state and certify that Restoric Restoration Consulting and Contracting (name of Contractor), pursuant to a Contract dated February 14 2012, with the Village of Oak Brook for the 2012 Old Butler School West End Wall Repair Project, has complied and will comply with all laws, including those relating to the employment of labor, the payment of the current general prevailing rate of hourly wages for each craft or type of worker or mechanic needed to execute the Contract or perform such work, and also the current general prevailing rate for legal holiday and overtime work, as ascertained by the Illinois Department of Labor for DuPage County, Illinois, and those prevailing rates are paid and shall be paid for each craft or type of worker or mechanic needed to execute the aforesaid Contract or to perform such work. Restoric Restoration Consulting and Contractinq (name of Contractor) has also complied and will comply with all record keeping requirements established in the Prevailing Wage Act (820 ILCS 130/0.01, et se CC By Titl SUBSCRIBED AND SWORN TOB FORE ME THI • /L DAY OF M -4r 12012 i iij w 1 NOT YPUBLIC Page 5 OFFIjSE7ALANTHONNotary PublicMy Commission CERTIFICATION OF PAYROLL RECORDS I, �r--AL A \1c6U, (name of person executing this certificate), do hereby certify that I am the duly qualified and acting W4-IP^L (title) for Restoric Restoration Consulting and Contracting, (name of contractor) and, as such, am authorized to certify payroll records as true and accurate for such company in accordance with the requirements of Section 5 of the Prevailing Wage Act (820 ILCS 130/5) (the "Act"). I do hereby further certify that the following document is a true and accurate copy of the records of all laborers, mechanics, and other workers employed by Restoric Restoration Consulting and Contracting (name of contractor) on the 2012 Old Butler School West End Wall Repair Proiect (the "Project") for the Village of Oak Brook (the "Village"), including each such worker's name, address, telephone number, social security number, classification or classifications; and the hourly wages paid in each pay period, hours worked each day, and the starting and ending times of work each day for each such worker on such Project. I do hereby further certify that the hourly rate paid to each worker is not less than the general prevailing rate of hourly wages required by the Act, and that Restoration Consulting and Contracting (name of contractor), and I on behalf of such contractor, are fully aware that filing a certified payroll that we know to be false is a Class B misdemeanor. I further certify that upon two (2) business days' notice, if requested, we and any subcontractor hired by us shall make available for inspection the records required in the Act to the District, its officers and agents, and to the Director of Labor, his deputies and agents, at reasonable hours at a location within the State of Illinois. Date: I- l 1Z, 2012 �[E,oL A. (Printed Name) p o (Title) Subscribed and sworn to before me this jL day of y/�isrc/,I� 2012. Not Page 6 OFFICIAL SEAL :Notary NTHONY M JENNINGS Public • State of Illinois Mmission Expires Mar 21, 2015 Section H Contract Bond 2012 Old Butler School West End Wall Repair Project Subject to Adjustment Based on Final Contract Price We, e-1 LLL- as PRINCIPAL, and as SURETY, are held and firmly bound unto the Village of Oak Brook (hereafter referred to as "VILLAGE") in the penal sum �6olfars ), lawful money of the United States, well and truly to be paid unto said VILLAGE, for the payment of which we bind ourselves, our heirs, executors, administrators, successors, jointly to pay to VILLAGE 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 Village acting through its awarding authority for the above stated project, 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, including, but not limited to the term requiring the payment at the prevailing rate of hourly wages, 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, except as modified by the Guarantee section of the Bid; and has further agreed that this bond shall insure 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 performing 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 Page 7 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 VILLAGE 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. IN TESTIMONY WHEREOF, the said PRINCIPAL and the said SURETY ha c au this instrument to be signed by their respective officers this —LLt day of 2012. PRINCIPAL (Company Name) By: (Signature) (Title) (Title) (If PRINCIPAL is a joint venture of two or more contractors, the company names and authorized signatures of each contractor must be affixed.) (Name of Surety) SURETY EM (Signature of Attorney in Fact) State of Illinois 111;n6) ) SS. County of C00% ) I, -7Y&) Ci71Jin� , a Notary Public in and for said county, do hereby certify that e4/ 19Vd (names of individuals signing on behalf of Principal and 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 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 1,L day of 2012. V P' No My commission expires: 3/z1 s - Page 9 OFFICIAL SEAL ANTHONY M JENNINGS Notary Public • State of Illinois My Commission Expires Mar 21, 2015