BT Painting ProjectVILLAGE OF OAK BROOK
CONTRACT FOR THE
OAK BROOK BATH & TENNIS CLUB INTERIOB PAINTING PROJECT
Full Name of Contractor: National Decorating Service, lnc. ("Contractof')
Principal Offrce Address: 2210 Camden Court, Oak Brook, Illinois 6O523-L272
Contact Person: Joel Mantley, EstimatingMP 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 waruants and represents tlr,at Contractor ho,s
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,
all of which is herein referred to as the "Work":
1.Labor. Equipment. Materials. and Supplies.
Provide, perform, and complete, in the
manner specified and described in this
Contract, all necessary work, labor, services,
transportation, equipment, materials,
supplies, information, data, and other means
and items necessary for the Oak Brook Bath
& Tennis Club Interior Painting Project, as
specifred in Exhibit A attached hereto, at the
Oak Brook Bath & Tennis CIub, 800 Oak
Brook Road, Oak Brook, Illinois 60523
("Worh Site");
Permits. The Village will furnish all
permits, licenses, and other governmental
approvals and authorizations necessary in
connection therewith;
Bonds and Insurance. Procure and furnish
all bonds and all insurance certificates and
policies of insurance specified in this
Contract;
Taxes. Pay all applicable federal, state, and
local taxes;
Miscellaneous. Do all other things required
of Contractor by this Contract; and
Qualitv. Provide, perform, and complete all
of the foregoing in a proper and workmanlike
manner, consistent with the standards of
recognized professional firms in performing
Work of a similar nature, in full compliance
with, and as required by or pursuant, to this
Contract, and with the greatest economy,
efficiency, and expedition consistent
therewith, with only new, undamaged, and
first quality equipment, materials, and
supplies.
B. Performance Standards.Contractor
acknowledges and agrees that all Work shall be fully
provided, performed, and completed in accordance with
the Proposal dated February 14,2019, attached hereto as
Exhibit A.
C. Responsibility for Damaee or Loss. Contractor
proposes, and agrees, that Contractor shall be
responsible and liable for, and shall promptly and
without charge to Village repair or replace, any damage
done to, and any loss or injury suffered by, the Village,
the Work, the Work Site, or other property or persons as
a result of the Work.
5.64.
D. Inspection/Testine/Reiection. Village shall have
the right to inspect all or any part of the Work and to
reject all or any part of the Work that is, in Village's
judgment, defective or damaged or that in any way fails
to conform strictly to the requirements of this Contract
and the Village, without limiting its other rights or
remedies, may require correction or replacement at
Contractor's cost, perform or have performed all Work
necessary to complete or correct all or any part of the
Work that is defective, damaged, or nonconforming and
charge Contractor with any excess cost incurred thereby,
or cancel all or any part of any order or this Contract.
Work so rejected may be returned or held at Contractor's
expense and risk.
2. Contract Price
Contractor acknowledges and agrees that Contractor
shall take in full payment for all Work and other matters
set forth under Section 1 above, including overhead andprofit; taxes, contributions, and premiums; and
compensation to all subcontractors and suppliers, the
compensation set forth below.
A. SCHEDULEOFPBICES
For providing, performing, and completing all
Work, the total Contract Price of $30,012.00
TOTAL CONTRACT PRICE (in writing):
Thirty Thousand and Twelve Dollars Only
B. BASIS FOR DETERMINING PRICES
It is expressly understood and agreed that:
1. All prices stated in the Schedule of Prices
are firm and shall not be subject to
escalation or change;
2. The Village is not subject to state or local
sales, use, and excise taxes, that no such
taxes are included in the Schedule of Prices,
and that all claim or right to claim any
additional compensation by reason of the
payment of any such tax is hereby waived
and released;
3. All other applicable federal, state, and local
taxes of every kind and nature applicable to
the Work are included in the Schedule of
Prices.
C. TIME OF PAYMENT
It is expressly understood and agreed that all
payments shall be made upon completion of the
work and final approval by the Village.
All payments may be subject to deduction or
setoff by reason of any failure of Contractor to
perform under this Contract. Each payment
shall include Contractor's certification of the
value of, and partial or final waivers of lien
covering, all Work for which payment is then
requested and Contractor's certification that all
prior payments have been properly applied to
the payment or reimbursement of the costs with
respect to which they were paid.
3. Contract Time
Contractor acknowledges and agrees that Contractor
shall commence the Work within li d.ays (weather
permitting) following the Village's acceptance of this
Contract provided Contractor shall have furnished to the
Village all bonds and all insurance certificates specified
in this Contract ("Cornmencetnent Datd'). Contractor
further acknowledges and agrees that Contractor shall
perform the Work diligently and continuously and shall
complete the Work not later than April 90, Z0lg (,Time
of Perform.ance"). The Village may modifu the Time of
Performance at any time upon 1b days prior written
notice to the Contractor. Delays caused by the Villageshall extend the Time of Performance; provided,
however, that Contractor shall be responsible for
completion of all Work within the Time of performance,
notwithstanding any strike or other work stoppage by
employees of either Contractor or of the Village.
4. Financial Assurauce
A. Bonds. Contractor acknowledges and agrees
that Contractor shall provide a Performance Bond and a
Labor and Material Payment Bond, on forms provided
by, or otherwise acceptable to, the Village, from a surety
company acceptable to the Village, each in the penal sumof the Contract Price, within 10 days following the
Village's acceptance of this Contract.
B. Insurance. Contractor acknowledges and agrees
that Contractor shall provide certificates of insurance
evidencing the minimum insurance coverages and limits
set forth in Exhibit B within l0 days following the
Village's acceptance of this Contract. Such policies shallbe in form, and from companies, acceptable to theVillage. The insurance coverages and limits set forth
Exhibit B shall be deemed to be minimum coverages andlimits and shall not be construed in any way as aIimitation on Contractor's duty to carry adequate
insurance or on Contractor's liability for losses or
damages under this Contract. The minimum insurance
coverages and limits that shall be maintained at all
times while providing, performing, or completing the
Work are as set forth in Exhibit B.2
B. Indemnification. Contractor acknowledges and
agrees that Contractor shall indemnifu and save
harmless the Village its officers, officials, employees and
volunteers, against all damages, liability, claims, losses,
and expenses (including attorneys'fee) that may arise, or
be alleged to have arisen, out of or in connection with
Contractor's performance of, or failure to perform, the
Work or any part thereof, or any failure to meet the
representations and warranties set forth in Section 6 of
this Contract.
D. Penalties. Contractor acknowledges and agrees
that Contractor shall be solely liable for any fines or civil
penalties that are imposed by any governmental or
quasi-governmental agency or body that may arise, or be
alleged to have arisen, out of or in connection with
Contractor's performance of, or failure to perform, the
Work or any part thereof.
5. Firm Proposal
All prices and other terms stated in this Contract are
firm and shall not be subject to withdrawal, escalation,
or change.
6. Contractor's Representations and Warranties
In order to induce the Village to accept this Contract,
Contractor hereby represents and warrants as follows:
A. The Work. The Work, and all of its components,
shall strictly conform to the requirements of this
Contract, including, without limitation, the performance
standards set forth in Subsection 18 of this Contract;
and shall be fit, sufEcient, and suitable for the purposes
expressed in, or reasonably inferred from, this Contract
and the warranties expressed herein shall be in addition
to any other warranties expressed or implied by law,
which are hereby reserved unto the Village.
B. Compliance with Laws. The Work, and all of its
components, shall be provided, performed, and completed
in compliance with, and Contractor agrees to be bound
by, all applicable federal, state, and local laws, orders,
rules, and regulations, as they may be modified or
amended from time to time, including without limitation,
if applicable, the Prevailing Wage Act, 820 ILCS
130/0.01 et seq.; any other prevailing wage laws; any
statutes requiring preference to laborers of specified
classes; any statutes prohibiting discrimination because
of, or requiring affrrmative action based on, race, creed,
color, national origin, age, sex, or other prohibited
classification; and any statutes regarding safety or the
performance of the Work. Further, Contractor shall
have a written sexual harassment policy in compliance
with Section 2-105 of the Illinois Human Rights Act
during the course ofthe work.
C. Not Barred. Contractor is not barred by law
from contracting with the Village or with any other unitof state or local government as a result of (i) a
delinquency in the payment of any tax administered by
the Illinois Department of Revenue unless Contractor is
contesting, in accordance with the procedures
established by the appropriate Revenue Act, its liability
for the tax or the amount of tax, as set forth in 6b ILCS
Slll-42.1-l; or (ii) a violation of either Section 3BE-B or
Section 33E-4 of Article 33 of the Criminal Code of 1961,
720ILCS 5/33E-1 et seo.
D. Qualified. Contractor has the requisite
experience, ability, capital, facilities, plant, organization,
and staff to enable Contractor to perform the Work
successfully and promptly and to commence and
complete the Work within the Contract Price and
Contract Time set forth above.
7. Acknowledsements
In submitting this Contract, Contractor
acknowledges and agrees that:
A. Reliance. The Village is relying on all
warranties, representations, and statements made by
Contractor in this Contract.
B. Acceptance. If this Contract is accepted,
Contractor shall be bound by each and every term,
condition, or provision contained in this Contract.
C. Remedies. Each of the rights and remedies
reserved to the Village in this Contract shall be
cumulative and additional to any other or further
remedies provided in law or equity or in this Contract.
D. Time. Time is of the essence in the performance
of all terms and provisions of this Contract and, except
where stated otherwise references in this Contract to
days shall be construed to refer to calendar days and
time.
E. No Waiver. No examination, inspection,
investigation, test, measurement, review, determination,
decision, certificate, or approval by the Village, whether
before or after the Village's acceptance of this Contract;
nor any information or data supplied by the Village,
whether before or after the Village's acceptance of this
Contract; nor any order by the Village for the payment of
money; nor any payment for, or use, possession, or
acceptance o{ the whole or any part of the Work by the
Village; nor any extension of time granted by the Village;
nor any delay by the Village in exercising any right
under this Contract; nor any other act or omission of the
Village shall constitute or be deemed to be an acceptance
of any defective, damaged, or nonconforming Work, nor
operate to waive or otherwise diminish the effect of any
representation or warranty made by Contractor; or of
any requirement or provision of this Contract; or of any
remedy, power, or right of the Village.3
F. Severability. It is hereby expressed to be the
intent of the parties to this Contract that should any
provision, covenant, agreement, or portion of this
Contract or its application to any Person or property be
held invalid by a court of competent jurisdiction, the
remaining provisions of this Contract and the validity,
enforceability, and application to any person or property
shall not be impaired thereby, but the remaining
provisions shall be interpreted, applied, and enforced so
as to achieve, as near as may be, the purpose and intentof this Contract to the greatest extent permitted by
applicable law.
G. Amendments and Modifications. No amendment
or modification to this Contract shall be effective until it
is reduced to writing and approved and executed by the
corporate authorities ofthe parties in accordance with all
applicable statutory procedures.
H. Assienment. Neither this Contract, nor any
interest herein, shall be assigned or subcontracted, in
whole or in part, by Contractor except upon the prior
written consent of the Village.
I. Governing Law: Venue. This Contract shall be
governed by, construed and enforced in accordance with
the internal laws, but not the conflicts of laws rules, of
the State of Illinois. Venue for any action arising out of
or due to this Contract shall be in the Circuit Court for
DuPage County, Illinois.
J. Certified Pavrolls. Contractor shall, in
accordance with Section b of the Illinois prevailing Wage
Act, 820ILCS 130/5, submit to the Village, on a monthly
basis, a certified payroll, if applicable. The certified
payroll shall consist of a complete copy of those records
required to be made and kept by the prevailing WageAct. The certified payroll shall be accompanied by a
statement signed by the Contractor or subcontractor
which certifies that: (1) such records are true and
accurate; (2) the hourly rate paid is not less, if
applicable, than the general prevailing rate of hourly
wages required by the. Prevailing Wage Act; and (B)
Contractor or subcontractor is aware that filing a
certified payroll that he or she knows to be false is a
Class B misdemeanor. A general contractor may relyupon the certification of a lower tier subcontractor,
provided that the general contractor does not knowingly
rely upon a subcontractor,s false certification. Upon t*t
business days'notice, Contractor and each subcontractor
shall make available for inspection the records required
to--be made and kept by the Act: (i) to the Villaje, its
officers and agents, and to the Director of the Iilinois
Department of Labor and his or hers deputies and
agents; and (ii) at all reasonable hours at a location
within this State.
K. Conflicts of Interest. Contractor represents and
certifres that, to the best of its knowledge, (1) no electedor appointed Village official, employee or agent has apersonal financial interest in the business of the
Contractor or in this Agreement, or has personally
received payment or other consideration for this
Agreement; (2) as of the date of this Agreement, neither
Contractor nor any person employed or associated with
Contractor has any interest that would conflict in anymanner or degree with the performance of theobligations under this Agreement; and (B) neither
Contractor nor any person employed by or associated
with Contractor shall at any time during the term of thisAgreement obtain or acquire any interest that would
conflict in any manner or degree with the performance of
the obligations under this Agreement.
L. Exhibits and Other Aereements. If any conflict exists
between this Agreement and any exhibit attached heretoor any other Agreement between the parties relating tothis transaction, the terms of this Agreement shallprevail.
M No nisctosure of Co
Consultant. The Consultant acknowledg"" th"t it
shall, in performing the Services for the Viilage underthis Agreement, have access, or be directly orindirectly exposed, to Confidential Information. TheConsultant shall hold confidential all ConfidentialInformation and shall not disclose or use such
Confidential Information without the express prior
written consent of the Village. The Consultant shall
use reasonable measures at least as strict as those theConsultant uses to protect its own confidentialinformation. Such measures shall include, withoutIimitation, requiring employees and subcontractors ofthe Consultant to execute a non-disclosure agreement
before obtaining access to Confidential Information.4
INヽ ⅥTNESS WTEREOF lh(ヽ I)"11.ド hi r(.1●
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lNATIONAL DECORATING SERVICE,INC.
2210 CAMDEN COURT
OAKBR00K IL.60523‐1272TELEPⅡONE(630)571‐8110 FAX“30)571‐0053
FObruary 14,2019
Village ofOak BroOk
ATTN:Doug Hroba
RE:Bath&Tcms POpcom ceihng/Wndow Franles
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E対 ting poPcOm ceJitt wiu be completely sklm cOated smoOth fOr new nat rltllsh coat Sandlng in‐bemeen cOats
駄istng popcom cethng will bc pnmed and i五 sh cOated m llat latcx h cOlor selected
S l,79000
Common Area WaUs
Drywall walls will be prqrared as aecessary, comprctely prirred and finish coated in latex cggshell ir oolorselected.
Ilollow_metal Fames will be prepared as nccessary, complctely primcd aad finhh coated in latex pre_cad in colorselected. Common Area sidc only.
$ 1,500.00
Pond View
Drywall walls will be prepared ns trecessary, completely primed and finish coated in latex eggshell in color
selected.
Hollow metal frames will be prepared as uecessary, completely primed and finish coated in latex pre-cad in colorselected. Pond Area side only.
Existing wood windows will be prepared as trecessary, oompletely primed, caulk / patch all voids and fiuish
coatcd in latex pre-cad in oolor selected.
$ 8,256.00
Main Area / Bar Area
Drpvall walls will be prepared as necessary, completely primed and furish coated ia latex eggshell in color
selected.
Hollow metal frames will be prepared as trecessary, completely primed and finish coated in latex pre*ad in colorselected. Main / Bar area side only.
$ 4,491.00
Bar &onts will be prepared as necessary, completely prirned, caulk / patch all voids and fiuish coated in latex pre-
cad in color selected.
$ 875.00
Exiting wood windows will be preparcd aa n@essary, completely primed, caulk / patch all voids and finistr coatedin latex pre-cad in color selected.
$ 13,100.00
Note: Above pricing is based offof doing AII projects at same time.
No wor* on PoPcom ceiling, bar area, bar front, behind bar, posts, back of house, replacing drywall, removal of fgesprinkler rings, can light rings and walls.
Our pricing is based on all work being performed during Regular working hours aud completed prior to June l,2019.
Tbank you,
Jocl Mantey
Estimating / VP
National Decorating Service
EXIIBrT B
(INSし 呪 AⅣCE REQし TREMEⅣEゝ
Certificates of Insurance shall be presented to the Village upon execution of this contract and vendor shall not
commence work until it provrdes 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 ViJlage 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 Ordrnances ofthe Village of Oak Brook ftrereinafter 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 orpermit insurance against claims for rnjuries 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 andproperty damage;
B. Automobile Liability (if applicable) - $1,000,000 combined single limit per accident for bodily injury andproperty 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 LiabiJity 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 theVillage, 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 -
(l)The Village, its offi.cers, offrcials, 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. Arry insurance or self-insurance maintained by theVillage, its officers, officials, employees, volunteers or agents shall be in excess of the Insured,s
insurance and shall not contribute with it.
(3)Anv failure to comply with reporting provisions of the policies shall not affect coverage provrded to the
Village, its officers, officials, employees, volunteers or agents.
(a)The Insured's insurance shall apply separately to each covered party against whom claim is made orsuit is brought except with respect to the limits of the rnsurer's liability.
E. Worker's Compensation and Employer's Liability Coverage
The policy shall waive all rights of subrogation against the Village, its officers, offrcials, 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 eitherparty, 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: \rII.
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 end.orsements are to
be on forms approved by the VilIage 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 certi.ficates
and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.8
PerOrmance 3ond
CONTRACTOR:
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National Decorating Service,lnc
2210 Camden Court
Oak Brook,IL 60523
0WNER:
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V∥lage of Oak Brook
1200 0ak Brook Road
Oak Brook,IL 60523
CONSTRUCT:ON CONTRACT
Date: February 26,2019
CONTRACTOR AS PR:NC:PAL
Company:
Nationa:Decorating service,lnc
SURETY
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Amount: $30,012.00
Description:
(Name and locotion)
Thirty Thousand Twelve Do∥ars and oo/1oo
Oak Brook Bath&Tennis Club lnterlor Painting
:翌 =D February 27,2019
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Amount: S30,012 00 Thirty Thousand Twelve Do∥ars and oo/100
Modflca●onsお ths Bon■図None □see section 16
Western
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Mesirow lnsurance Services,lnc
353 N Clark
Chicago,IL 60654‐9934
OWNER'S REPRESENTATIVE:
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Bond No . 929631635
SURETY: Western Surety Company
(Name, legal status ond, principal place
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151 N Fran∥in Street
17th Floor
Chicago,IL 60606 This document has important legal
consequences. Consultation with
an attorney is encouraged with
respect to its completion or
modification.
Any singular reference to
Contractor, Surety, Owner or
other party shall be considered
plural where applicable.
AIA Oocument A312-2010
combines two separate bonds, a
Performance Bond and a
Payment Bond, into one form.
This is not a single combined
Performance and Payment Bond.
Pdnted in cooperalion with lhe Ameican lnstitute of Atchitects (AtA).
Tho language in lhis document conloms lo lho language used in AIA Document 4312 - Potfo.7nance Bond - 2O1O Edilion.
$ I The Contractor and Surety, jointly and severally, bind themselves, their heir6, executors, administrators, successors
and assigns to the Owner for the performance ofthe Construction Contract, which is incorporated herein by reference.
5 2 Ifthe Contractor performs the Construction Contract, the Surety and the Contracto! shall have no obligation under
this Bond, except when applicable to participate in a conference as provided in Section B.
$ 3 If there is no Owner Default under the Construction Contract, the Suretys 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 Constructiol Contract,
but such an agreement shall not waive the Owner's right, ifany, subsequently tp declare a Contractor
Defaulh
.2 the Owner declares a Contractor Default, terminates the Construction Conttact and notifies the Surety;
and
.3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms ofthe
Construction Contract to the Surety or to a coDtractor 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 satislied the conditions of Section 3, the Surety shall promptly and at the Sulety,s expense
take one ofthe 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;
S 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 contraci to be prepared for execution by the
Ownet and a contractor selected with the Owner's concurrence, to be secured with perlormance and payment bonds
executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the
amouni ofdamages as described in Section ? in excess ofthe Balance ofthe Contract Price incuned by the Owner as
a result of the Contractor Default; or
S 5.4 waive its right to perform and complete, arrange for completion, o! 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 plovided in Section 5 with reasonable promptness, the Surety shall be deemed to
be in default oll this Bond seven days after receipt ofan additional written notice from the Owner to the Sureiy
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 enfolce any
remedy available to the Owner.
Printed ih cooperation with lhe Ameican lnstilute of Architecls (AlA).
The language in this documenl conlorms to lhe language used in AlA Docufient 4312 - Pedormance Bond - 2O1O Edilion_2
$ 7 Ifthe Surety elects to aci under Section 5.1, 5.2 or 5.3, then the responsibilities ofthe Surety to the Owner shall not
be greater than those ofthe Contractor under the Construction Contract, and the responsibilities ofthe 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 ofthe Contract Price, the Surety is obligated, without duplication, for.1 the responsibilities of the Contractor for correction ofdefective work and completion of the
Construction Contract:
.2 additioml 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 specifred in the Construction Contract, actual
damages caused by delayed performance or non,performance ofthe Contractor.
$8 Ifthe Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount ofthis 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 ofthe Contlact Price sball not be reduced or set offon accouDt ofany 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.
$ l0 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 ot equitable, under this Bond may be instituted in any court of competent jurisdiction in
the location in which the work or part ofthe work is Iocated and shall be instituted within two years afte! 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.
S 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.
5 '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 t e
deemed incorporated herein. When so furnished, the inte[t is that this Bond shall be construed as a statutory bond and
not as a common law bond.
S 14 Definitions
S 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contlactor under the Construction
Contract after all proper adjustmenk have been made, including allowance to the Contractor of any amounts received
or to be received by the Owner in settlement ofinsurance or other claims for damages to which the Contractor is
entitled, reduced by all valid and proper payments made to or on behalfof the Contractor under the Construction
Contract.
S 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.
S 14,3 Contractor Defaull. Failure ofthe Contractor, which has not been remedied or waived, to perform or otherwise to
comply with a material term ofthe Construction Contract.
5'14.4 Owner Default. Failure ofthe 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 ofthe
Construction Contract.
S 14.5 Contract Documenls. 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.
Pinled in cooperation with lhe Ameican lnslilute ot Architects (AlA).
1he language in this document conlorfis lo the language used in AIA Docunent A312 - Peiomance Bond . 2O1O Edition.3
$ 16 Modifrcations to this bond are as follows:
(Space is prouided below for additional signatures of added parties, other than those appearing on the couer page.)
CONTRACTOR AS PRINGIPAL SURETYcompany: (corporate seal) company: (corporate seal)
Signature:Signature:
Name and Title:
Address
Name and Title:
Address
Printed in cooperation with the American lnstitute ot Architects (AlA).
The language in this document conforms to the language used in AIA Document A312 - Peiormance Bond - 2010 Ectition. 4
Payment Bond
CONTRACTOR:
(Nα れa,ICga:sι αιLs αれα αad″sリ
National Decorating Service,lnc
2210 Camden Court
Oak Brook,IL 60523
0WNER:
NO″ο,lega′sι αれsα ルd αdaresリ
vinage Of oak Brook
1200 0ak Brook Road
Oak Brook,lL 60523
CONSTRUCT:ON CONTRACT
Date: February 26.2019
CONTRACTOR AS PRINCiPAL
Companェ β οrpoЮ ιο&α 砂
Nationa:Decorating Service,inc
C」ASUREttY
SURETY
Company:
Signature
Name
Bond No. 929631635
SURETY: Weslern Surety Company
(Name, legal status and, principal place
OFOい れ。Sリ
151 N Frank∥n Street
17th Floor
Chicago,IL 60606 This document has impodant legal
consequences. Consultation with
an attorney is encouraged with
respect to its completion or
modificalion.
Any slngular reference to
Conlractor, Surety, Owner or
other party shall be considered
plural where applicable.
AIA Document A312-2010
combines two separate bonds, a
Performance Bond and a
Payment Bond, inlo one form.
This is not a single combined
Performance and Payment Bond.
Amount: $30,0'12.00
Description:
(Name and, location)
Thirty Thousand Twelve Do∥ars and Oo/1oo
Oak Brook Bath&Tennis CIub:nterior Painting
BOND
Date: February 27.2019
rNot・ α″′jer″ηtt Coぉ ιrレ α,ο れCoれ ιracι Da′り
Amounl $30,012.00 Thirty Thousand Twelve Dollars and 00/100
Modifications to this Bond: I No.," n See Section 18
騨翌tu"
Name 獅生
“
″α
“
jι あれ説;ぶ 傷′ぷ畠
`れ
のr。れぬθたst pag●●/繊 おPり “e2ι B●れd,
(π OR INFORM4TrON OArLy_Nα
"θ ,α dd″Ss α2d`。し 筋たりAGENT or BROKER:
Mesirow insurance Services,lnc
353 N Clark
Chicago,IL 60654-9934
OWNER'S REPRESENTATiVE:
“
rCん j″C′,Eば れθο″Or oι ヵer pα rと r'
Pinted in cooperclion with lhe Ameican lnstitute of A.chitects (AlA).
The language in thi$ document confofins to lhe language used in AIA Document A312 - Paynent Bohd - 2O1O Edition.5
$ I 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 ofthe
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 ofthe Construction Contract, tben 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 notilied the Contractor and the Surety (at the address described in Section 18)
ofclaims, 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, Iiens 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 ofthe pady 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 1B),
$ 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 Ifa notiee ofnon-payment required by Section 5.1.1 is given by the Ownerto the Contractor, that is sufficient to
satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 8.1.1.
$7 When a Claimant has satisfied the conditions ofSections 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 Ou,ner, within sixty (60) days after receipt ofthe Claim,
stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and
S 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. Il, 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 owiug to the claimaIlt.
$ 8 The Surety's total obligation shall rtot exceed the amount of this Bond, plus the amount of reasonable attouey,s
fees provided under Section 7.3, and the amount ofthis 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 satisly claims, if any, under any construction performance bond. By tire
Contractor furnishiug 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.
Pinted in cooperalion with lhe Ameican lnstitute ol Architects (AtA).
The language in this document conlorms to the language used in AIA Document A312 - Paymeht Bond - 2OlO Edilion.6
$ l0 The Surety shall not be liable to the Owner, Claimants or others for obligations ofthe 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 auy obligations to Claimants under this Bond.
S ll 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,
S 12 No suit or action shall be commenced by a Claimant under tbis Bond other than in a court ofcompetent
jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the
expiration ofone year from the date (1) on which the claimant sent a claim to the surety pursuani 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 oflimitation 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, shatl 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 statutoly 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 prompdy furnish a copy of this Bond or shall permit a copy to be made.
S 16 Definilions
S 16.1 Claim. A written statement by the Claimant including at a minimum:.l the name ofthe Claimant:
.2 the name of the person for whom the labor was done, or materials or equipment furnished;.3 a copy ofthe 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 ofthe 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 perforDance of the Construction Contract;
.6 the total amount eatned by the Claimant for labor, materials or equipment furnished as ofthe 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 ofthe
date of the Claim.
S 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 rigbtfully 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 witbout 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 Contractoy's subcontractors, snd all other
items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were
furnished.
S 16.3 Construction Contract. The agreement between the Owner and Contractor identi6ed on the cover paBe,
including all contract Documents and all changes made to the agreement and the contract Documents.
Pdnted in cooperalion with the Ameican tnstitute of Atchitecti (AlA).
The language in lhis document confoms to the language used in AIA Document A312 - Payment Bond - 2O1O Edition.7
S 15.4 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 ofthe
Construction Contract.
S 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 subcontrsctor, 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 prouided, below for additional signatures of od.ded patties, other than those appearing on lhe cooer page.)
CONTRACTOR AS PRINCIPAL SURETYCompany: (Corporate Seal) Company: (Corporare Seal)
Signature: Signature:
Name and Title: Name and fitle:Address Address
Pinted in cooperation with the Ameican lnstitute ot Atchitects (AtA).
The language in this docufient confoms to the language used in AtA Docunent A312 - payment Bond - 2o1o Edition.8
MAstern Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents, That WESTERN SLJREry COMPANY, a South Dakota corporation, is a duly organized and existing corporarion
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
losefina Rojo , Individually
of Chicago, lL its tme and lawful Anomey(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 -
Surcty Bond No.: 929631 635
Principat: National Decorating Service, lnc.
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 Attomey is made and executed pursuant to and by authority of the By-Law printod on the reverse hereof, duly adopted, as indicated, by
the shareholders of the corporation.
fn Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice Prcsident and its corporate seal to be
hereto affixed on this 27th day of February, 2018-
WESTERN SURETY COMPANY
State ofSouth Dakota \ ss
CountSr of Minnehaha )
On this 27th day of February, 2018, before me personally came Paul T. Bruflat, to me known, who, being by me duly swom, 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 aflixed to the said instmment 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 ofsaid corporation.
My commission expires
June23.202l
J MOHR
CERTIFICATE
I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certiff that the Power of Attomey hereinabove set forrh is stitl in
force, and further certifr that the By-I-aw of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hercunto subscribed
mynameandaffixedthesealofthesaidcorporationthis 27th dayofFebruary,2019.
WESTERN SURETY COMPANY
Fom F4280-7-20 I 2
Go to www.cnasurety.com > Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity.
Authorizing By-Law
ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY
This Power of Attomey is made and executed pursuant to and by authority ofthe following By-Law duly adopted by the sharcholders
ofthe Company.
Section 7. All bonds, policies, undertakings, Powers of Attomey, 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 ofDirectors may authorize- The President, any Vice President, Secrctary, any Assistant Secretary, or the Treasurer
may appoint Attomeys in Fact or agents who shall haye authority lo issue bonds, policies, or undortakings in the narne of the Company.
The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attomey or other obligations ofthe
corporation. fie sigrature ofany such oflicer and the corporate seal may be printed by facsimile.
State of Illinois
County of Cook
on thi' ---ZZt-, duv,,or ----I"b*u.v_ 201e,
1.fl:#:iil:",:"1?;:Tffi1"r_in-ract or
Westem 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)