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R-1788 - 02/26/2019 - BATH & TENNIS - Resolutions Exhibits '9 Ef REVIEW OF CONTRACTS Awa`;► In Agency: of Contract: V 1 Department: Proram/Account Number; Awarded Contract Price: I Budgeted Amount: D' al' v �o .c . h. E] Under$20,000 Q $500,001 - $1,0. 00,000 $20,000 - $500,000 [] Over$2,00O,000 1 3 Name: o am Dated/( c( 1q Name.., / Date- Name: ate!Name: Date: !dame: sfs Date: Three (3) Originals signed by otherart r R y Date/Initials J Original provided to staff member for other party Date/Initials Original provided to Official Files Date/Initials� 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. 1 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. 2 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 3 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 4 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 5 EXHIBIT A (PROPOSAL DATED FEBRUARY 14, 2019) 6 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. 8 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 rtteattswsHa. O'N [! CONTRACTOR AS PRINCIPAL SURETYL�`" q�`e��� ';v' Company: (Corporate Seal) Company: (Corize Sealj mss' : sw�S,�ia��stY= National Decorating Service Inc. Western Sure Company "mid Signature: +tr Signature:� Signature: Josina R Name .S'4 m�f � � Name 'o 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 � �`��,� r.�' �, a .. ,��. �, �J� ••� � ! ,•� K.+ �" ,, � f. , �� ���/U!'i!I It��»��� §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. �tllilllll{����''/ �1 r`,'t a �'� �,r �� / i1 ' ',1 �'. .•Sl�f lid "'runr��111 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 L Oil ..5