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Misc. Painting Project VILLAGE OF OAK BROOK CONTRACT FOR THE MISCELLANEOUS PAINTING PROJECTS Full Name of Contractor: Marek Roman Painting,Inc. ("Contractor") Principal Office Address: 9538 Moody Avenue,Oak Lawn,Illinois 60453 Contact Person: Marek Roman,Owner Telephone Number: (773)988-2993 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 5. Miscellaneous. Do all other things required expense, provide, perform, and complete, in the manner of Contractor by this Contract;and specified and described, and upon the terms and conditions set forth, in this Contract, all of the following, 6. Qualit Provide, perform, and complete all all of which is herein referred to as the"Work": of the foregoing in a proper and workmanlike manner, consistent with the standards of 1. Labor, Equipment, Materials, and Sunnlies. recognized professional firms in performing Provide, perform, and complete, in the Work of a similar nature, in full compliance manner specified and described in this with, and as required by or pursuant, to this Contract, all necessary work, labor, services, Contract, and with the greatest economy, transportation, equipment, materials, efficiency, and expedition consistent supplies,information,data, and other means therewith, with only new, undamaged, and and items necessary for Miscellaneous first quality equipment, materials, and Painting Projects as specified in Exhibit A supplies. attached hereto, at the Butler Government Center, 1200 Oak Brook Road, Oak Brook, B. Performance Standards. Contractor Illinois 60523("Work Site"); acknowledges and agrees that all Work shall be fully provided, performed, and completed in accordance with 2. Permits. The Village will furnish all the Proposal dated dune 24, 2019, attached hereto as permits, licenses, and other governmental Exhibit A. approvals and authorizations necessary in connection therewith; C. Responsibility for Damage or Loss. Contractor proposes, and agrees, that Contractor shall be 3. Insurance. Procure and furnish insurance responsible and liable for, and shall promptly and certificates specified in this 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. InsQection/Testing/Rezection. Village shall have completion of the work and final approval by the the right to inspect all or any part of the Work and to Village. reject all or any part of the Work that is, in Village's judgment, defective or damaged or that in any way fails All payments may be subject to deduction or to conform strictly to the requirements of this Contract setoff by reason of any failure of Contractor to and the Village, without limiting its other rights or perform under this Contract. Each payment remedies, may require correction or replacement at shall include Contractor's certification of the Contractor's cost, perform or have performed all Work value of, and partial or final waivers of lien necessary to complete or correct all or any part of the covering, all Work for which payment is then Work that is defective, damaged, or nonconforming and requested and Contractor's certification that all charge Contractor with any excess cost incurred thereby, prior payments have been properly applied to or cancel all or any part of any order or this Contract. the payment or reimbursement of the costs with Work so rejected may be returned or held at Contractor's respect to which they were paid. expense and risk. 3. Contract Time 2. Contract Price Contractor acknowledges and agrees that Contractor Contractor acknowledges and agrees that Contractor shall commence the Work within 15 days (weather shall take in full payment for all Work and other matters permitting) following the Village's acceptance of this set forth under Section i above, including overhead and Contract provided Contractor shall have furnished to the profit; taxes, contributions, and premiums; and Village all bonds and all insurance certificates specified compensation to all subcontractors and suppliers, the in this Contract ("Commencement Date"). Contractor compensation set forth below. further acknowledges and agrees that Contractor shall perform the Work diligently and continuously and shall A. SCHEDULE OF PRICES complete the Work not later than December 31, 2819 ("Time of Performance"). The Village may modify the For providing, performing, and completing all Time of Performance at any time upon 15 days prior Work, the hourly rate of$45 per hour, not to written notice to the Contractor. Delays caused by the exceed $19,000.00. Village shall extend the Time of Performance; provided, however, that Contractor shall be responsible for TOTAL CONTRACT PRICE(in writing): completion of all Work within the Time of Performance, notwithstanding any strike or other work stoppage by Forty-Five Dollars per hour, not to exceed employees of either Contractor or of the Village. Nineteen Thousand Dollars 4. Financial Assurance B. BASIS FOR DETERMINING PRICES A. Insurance. Contractor acknowledges and agrees It is expressly understood and agreed that: that Contractor shall provide certificates of insurance evidencing the minimum insurance coverages and limits 1. All prices stated in the Schedule of Prices set forth in Exhibit B within 10 days following the are firm and shall not be subject to Village's acceptance of this Contract. Such policies shall escalation or change; be in form, and from companies, acceptable to the Village. The insurance coverages and limits set forth 2. The Village is not subject to state or local Exhibit B shall be deemed to be minimum coverages and sales, use, and excise taxes, that no such limits and shall not be construed in any way as a taxes are included in the Schedule of Prices, limitation on Contractor's duty to carry adequate and that all claim or right to claim any insurance or on Contractor's liability for losses or additional compensation by reason of the damages under this Contract. The minimum insurance payment of any such tax is hereby waived coverages and limits that shall be maintained at all and released; times while providing, performing, or completing the Work are as set forth in Exhibit B. 3. All other applicable federal, state, and local taxes of every kind and nature applicable to the Work are included in the Schedule of B. Indemnification. Contractor acknowledges and Prices, agrees that Contractor shall indemnify and save harmless the Village its officers, officials, employees and C. TIME OF PAYMENT volunteers, against all damages, liability, claims, losses, and expenses(including attorneys'fee)that may arise,or It is expressly understood and agreed that any be alleged to have arisen, out of or in connection with final payments shall only be made upon Contractor's performance of or failure to perform, the Work or any part thereof, or any failure to meet the 2 representations and warranties set forth in Section 6 of D. Qualified. Contractor has the requisite this Contract_ experience, ability, capital, facilities, plant, organization, and staff to enable Contractor to perform the Work D. Penalties. Contractor acknowledges and agrees successfully and promptly and to commence and that Contractor shall be solely liable for any fines or civil complete the Work within the Contract Price and penalties that are imposed by any governmental or Contract Time set forth above. quasi-governmental agency or body that may arise, or be alleged to have arisen, out of or in connection with 7. Acknowledgements Contractor's performance of, or failure to perform, the Work or any part thereof. In submitting this Contract, Contractor acknowledges and agrees that: 5. Firm Proposal A. Reliance, The Village is relying on all All prices and other terms stated in this Contract are warranties, representations, and statements made by firm and shall not be subject to withdrawal, escalation, Contractor in this Contract. or change. B. Acceptance. If this Contract is accepted, 6. Contractor's Representations and Warranties Contractor shall be bound by each and every term, condition,or provision contained in this Contract. In order to induce the Village to accept this Contract, Contractor hereby represents and warrants as follows: C. Remedies. Each of the rights and remedies reserved to the Village in this Contract shall be A. The Work. The Work, and all of its components, cumulative and additional to any other or further shall strictly conform to the requirements of this remedies provided in law or equity or in this Contract. Contract, including, without limitation, the performance standards set forth in Subsection 113 of this Contract; D. Time. Time is of the essence in the performance and shall be fit, sufficient, and suitable for the purposes of all terms and provisions of this Contract and, except expressed in, or reasonably inferred from, this Contract where stated otherwise references in this Contract to and the warranties expressed herein shall be in addition days shall be construed to refer to calendar days and to any other warranties expressed or implied by law, time. which are hereby reserved unto the Village. E. No Waiver. No examination, inspection, B. Compliance with Laws. The Work, and all of its investigation, test, measurement, review, determination, components,shall be provided,performed,and completed decision, certificate, or approval by the Village, whether in compliance with, and Contractor agrees to be bound before or after the Village's acceptance of this Contract; by, all applicable federal, state, and local laws, orders, nor any information or data supplied by the Village, rules, and regulations, as they may be modified or whether before or after the Village's acceptance of this amended from time to time, including without limitation, Contract; nor any order by the Village for the payment of if applicable, the Prevailing Wage Act, 820 ILLS money; nor any payment for, or use, possession, or 130✓0.01 et seg.; any other prevailing wage laws; any acceptance of, the whole or any part of the Work by the statutes requiring preference to laborers of specified Village;nor any extension of time granted by the Village; classes; any statutes prohibiting discrimination because nor any delay by the Village in exercising any right of, or requiring affirmative action based on, race, creed, under this Contract; nor any other act or omission of the color, national origin, age, sex, or other prohibited Village shall constitute or be deemed to be an acceptance classification; and any statutes regarding safety or the of any defective, damaged, or nonconforming Work, nor performance of the Work. Further, Contractor shall operate to waive or otherwise diminish the effect of any have a written sexual harassment policy in compliance representation or warranty made by Contractor; or of with Section 2-105 of the Illinois Human Rights Act any requirement or provision of this Contract; or of any during the course of the work. remedy,power,or right of the Village. C. Not Barred. Contractor is not barred by law F. Severability. It is hereby expressed to be the from contracting with the Village or with any other unit intent of the parties to this Contract that should any of state or local government as a result of (i) a provision, covenant, agreement, or portion of this delinquency in the payment of any tax administered by Contract or its application to any Person or property be the Illinois Department of Revenue unless Contractor is held invalid by a court of competent jurisdiction, the contesting, in accordance with the procedures remaining provisions of this Contract and the validity, established by the appropriate Revenue Act, its liability enforceability, and application to any Person or property for the tax or the amount of tax, as set forth in 65 ILCS shall not be impaired thereby, but the remaining 5/11-42.1-1; or (ii) a violation of either Section 33E-3 or provisions shall be interpreted, applied, and enforced so Section 33E-4 of Article 33 of the Criminal Code of 1961, as to achieve, as near as may be, the purpose and intent 720ILCS 5/33E-1 et seg. 3 of this Contract to the greatest extent permitted by agents; and (ii) at all reasonable hours at a location applicable law. within this State. G. Amendments and Modifications. No amendment K Conflicts of Interest. Contractor represents and or modification to this Contract shall be effective until it certifies that, to the best of its knowledge, (1) no elected is reduced to writing and approved and executed by the or appointed Village official, employee or agent has a corporate authorities of the parties in accordance with all personal financial interest in the business of the applicable statutory procedures. Contractor or in this Agreement, or has personally received payment or other consideration for this H. Assignment. Neither this Contract, nor any Agreement; (2) as of the date of this Agreement, neither interest herein, shall be assigned or subcontracted, in Contractor nor any person employed or associated with whole or in part, by Contractor except upon the prior Contractor has any interest that would conflict in any written consent of the Village. manner or degree with the performance of the obligations under this Agreement; and (3) neither 1. Governing Law: Venue. This Contract shall be Contractor nor any person employed by or associated governed by, construed and enforced in accordance with with Contractor shall at any time during the term of this the internal laws, but not the conflicts of laws rules, of Agreement obtain or acquire any interest that would the State of Illinois. Venue for any action arising out of conflict in any manner or degree with the performance of or due to this Contract shall be in the Circuit Court for the obligations under this Agreement. DuPage County, Illinois. L. Exhibits and OtherAgreements. If any conflict exists J. Certified Payrolls. Contractor shall, in between this Agreement and any exhibit attached hereto accordance with Section 5 of the Illinois Prevailing Wage or any other Agreement between the parties relating to Act, 820 ILCS 130/5, submit to the Village, on a monthly this transaction, the terms of this Agreement shall basis, a certified payroll, if applicable. The certified prevail. payroll shall consist of a complete copy of those records required to be made and kept by the Prevailing Wage M. No Disclosure of Co Act, The certified Confidential Information by the payroll shall be accompanied by a Consultant. The Consultant acknowledges that it statement signed by the Contractor or subcontractor shall, in performing the Services for the Village under which certifies that: (1) such records are true and this Agreement, have access, or be directly or accurate; (2) the hourly rate paid is not less, if applicable, than the general prevailing rate of hourly indirectly exposed, to Confidential Information. The wages required by the Prevailing Wage Act; and (3) Consultant shall hold confidential all Confidential Contractor or subcontractor is aware that filing a Information and shall not disclose or use such certified payroll that he or she knows to be false is a Confidential Information without the express prior Class B misdemeanor. A general contractor may rely written consent of the Village. The Consultant shall upon the certification of a lower tier subcontractor, use reasonable measures at least as strict as those the provided that the general contractor does not knowingly Consultant uses to protect its own confidential rely upon a subcontractor's false certification. Upon two information. Such measures shall include, without business days' notice, Contractor and each subcontractor limitation, requiring employees and subcontractors of shall make available for inspection the records required the Consultant to execute a nondisclosure agreement to be made and kept by the Act: (i) to the Village, its before obtaining access to Confidential Information. officers and agents, and to the Director of the Illinois Department of Labor and his or hers deputies and 4 IN WITNESS WHEREOF the parties hereto VILLAGE OF OAK BROOK, an Illinois have caused this Agreement to be executed, municipal corporation effective on _� 2029. ATTEST: By: By� Village Clerk Village Manager ATTEST: MAREK MAN P�jitZl INC. By: �- 5 EXHIBIT A (PROPOSAL DATED JULY 24, 2019) 6 Marek Roman painting Inc. 9538 Moody Ave. Oak Lawn , IL 6045►3 Tel: 773-988-2993 BILL TO PROPOSAL # VILLAGE OF OAK BROOK DATE 07-24-2019 1200 Oak Brook Drive Oak Brook, IL 60523-2255 Base on our phone conversation the rates for labor are 45,-$ per hour 1 person Material not included 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 overage 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 overages for subcontractors shall be subject to all of the requirements stated herein. 8