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BCG Monopole Security Camera Installation Project i VILLAGE OF OAK BROOK CONTRACT FOR THE BUTLER GOVERNMENT CENTER MONOPOLE SECURITY CAMERA INSTALLATION PROJECT Full Name of Contractor:Pace Systems, Inc. ("Contractor") Principal Office Address:2040 Corporate Lane, Naperville, Illinois 60563-9691 Contact Person: James Pytel Telephone Number:(630)395-2200 X2221 TO: Village of Oak Brook("Village") 1200 Oak Brook Road Oak Brook, Illinois Attention:Jim Fox, Information Technology 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 5. Miscellaneous. Do all other things required conditions set forth, in this Contract, all of the following, of Contractor by this Contract;and all of which is herein referred to as the"Work": 6. Quality. Provide, perform, and complete all 1. Labor. Equipment Materials and Supplies. of the foregoing in a proper and workmanlike Provide, perform, and complete, in the manner, consistent with the standards of" manner specified and described in this recognized professional firms in performing Contract, all necessary work, labor, services, Work of a similar nature, in full compliance transportation, equipment, materials, with, and as required by or pursuant, to this supplies, information, data, and other means Contract, and with the greatest economy, and items necessary for the Butler efficiency, and expedition consistent Government Center Monopole Security therewith, with only new, undamaged, and Camera Installation Project, as specified in first quality equipment, materials, and Exhibit A attached hereto, at 1200 Oak supplies. Brook Road, Oak Brook, Illinois 60523 ("Work Site"); B. Performance Standards. Contractor acknowledges and agrees that all Work shall be fully 2. Permits. The Village will furnish all provided, performed, and completed in accordance with permits, licenses, and other governmental the Quotation dated April 9, 2020, attached hereto as approvals and authorizations necessary in Exhibit A. connection therewith; C. Responsibility for Damage or Loss. Contractor 3. Insurance. Procure and furnish insurance proposes, and agrees, that Contractor shall be certificates specified in this Contract; responsible and liable for, and shall promptly and without charge to Village repair or replace, any damage 4. Taxes. Pay all applicable federal, state, and done to, and any loss or injury suffered by, the Village, local taxes; the Work, the Work Site, or other property or persons as a result of the Work. 1 D. Insuection/Testing/Reiection. Village shall have Payments shall be made upon time of completion the right to inspect all or any part of the Work and to of the work and final approval by the 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 and the Village, without limiting its other rights or setoff by reason of any failure of Contractor to 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 P 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. 2. Contract Price 3. Contract Time Contractor Contractor acknowledges and agrees that Contractor shall commence cthe wWork swithinandg 15 sdaas Contractor shall take in full payment for all Work and other matters permitting) following the t (weather Village's acceptance of this set forth under Section 1 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 A. SCHEDULE OF PRICES Perform the Work diligently and continuously and shall complete the Work not later than June 30, 2020("Time of Performance"). The Village may modify the Time of For providing, performing, and completing all Performance at any time upon 15 days prior en Work, the Not-To-Exceed Contract Price of notice to the Contractor. Delays caused by the Village $5,055.00 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 Five Thousand and Fifty-Five Dollars Only employees of either Contractor or of the Village. B. BASIS FOR DETERMINING PRICES 4. Financial Assurance It is expressly understood and agreed that: A. Insurance. Contractor acknowledges and agrees that Contractor shall provide certificates of insurance 1. All prices stated in the Schedule of Prices evidencing the minimum insurance coverages and limits are firm and shall not be subject to set forth in Exhibit B within 10 days following the escalation or change; Village's acceptance of this Contract. Such policies shall be in form, and from companies, acceptable to the 2. The Village is not subject to state or local Village. The insurance coverages and limits set forth sales, use, and excise taxes, that no such Exhibit B shall be deemed to be minimum coverages and taxes are included in the Schedule of Prices, limits and shall not be construed in any way as a and that all claim or right to claim any limitation on Contractor's duty to carry adequate additional compensation by reason of the insurance or on Contractor's liability for losses or payment of any such tax is hereby waived damages under this Contract. The minimum insurance and released; coverages and limits that shall be maintained at all times providingperformi ile 3. All other applicable federal, state, and local Work arehas set forth in, Exhibit Bng' or completing the taxes of every kind and nature applicable to the Work are included in the Schedule of Prices. B. Indemnification. Contractor acknowledges and C. TIME OF PAYMENT agrees that Contractor shall indemnify and save harmless the Village its officers, officials, employees and reed that a volunteers, against all damages, liability, claims, losses, It is expressly understood and agreed and expenses (including attorneys fee)that may arise,or down payment of 50%of the contract price is due be alleged to have arisen, out of or in connection with at the time of receipt of order. Remaining Contractor's performance of, or failure to perform, the Work or any part thereof, or any failure to meet the 2 r representations and warranties set forth in Section 6 of this Contract. D. Qualified. Contractor has the requisite 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. A_ cknowledaements Contractor's performance of, or failure to perform, the Work or any part thereof. In submitting this Contract, Contractor 5. Firm Proposal acknowledges and agrees that: 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. 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 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 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 p rp of all terms and provisions of this Contract and, except expressed in, or reasonably inferred from, this Contract and the warranties expressed herein shall be in addition where stated otherwise references in thin Contract to days shall be construed to refer to calendar days and to any other warranties expressed or implied by law, 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 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 ILCS 130/0.01 et se an other prevailing wage laws; an money; nor any payment for, or use, possession, or �.; Y Y 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 classes; any statutes prohibiting discrimination because granted the Village; nor any delay by the Village in exercisinng 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 of state or local government as a result of �� a i intent of the parties to this Contract that should any 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 contesting, in accordance with the procedures held invalid by a court of competent jurisdiction, the established b the p remaining provisions of this Contract and the validity, Y 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 5111-42.1-1; or u a violation of either Section 33E-3 or shall not be impaired thereby, but the remaining � � Siprovisions 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 720 ILCS 5/33E-1 et seq. 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. Amen mart and M e N amendment K Picts of terest. Contractor represents and or modification to this Contract shall beeffective 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 Villa official, employee corporate authorities of the parties in acco nce with all P or agent has a applicable statutory procedures. personal financial interest in the business of the Contractor or in this Agreement, or has personally H Assignment. Neither this Contra received payment or other consideration for this 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 whole or in part, by Contractor except u n the prior Contractor has a or associated with written consent of the Village. any interest that would conflict in any manner or degree with the performance of the obligations under this Agreement; and (3) neither 1. Governing Law. Venue. This Con ct shall be Contractor nor any person employed by or associated governed by, construed and enforced in sten nce 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 wising out of conflict in any manner or de or due to this Contract shall be in the Circuit Court for the obligations under this degree with the performance of DuPage County,Illinois. Agreement J. Payrolls, Contractor shall, in I` Exhibits and hRr Aarm,r,o„ba If any conflict exists soeordance with Section 5 of the Illinois Prev • • Wage between this Agreement and any exhibit attached hereto Act,.820 MCS 130/6,submit to the Village,o a monthly or any other Agreement between the parties relating to basis, a certified payroll, if applicable. a certified this transaction, the tuns of this Agreement shall payroll shall consist of a complete copy of records prevail. required to be made and kept by the Pre Wage + M. .1Vo Disclosure l Tnf Confiden+:Anr•.na+;.... c,.. r. Act. The certified payroll shall be acoomp hied by e statement signed by the Contractor or subcontractor DMOWMIM. The Consultant acknowledges that it which certifies that: (1) such records are tree and shall,in performing the Services for the Village under accurate; (2) the hourly rate paid is n t less, if this Agreement, have access, or be directly or applicable, than the general prevailing ratA of hourly indirectly exposed, to Confidential Information. The wages required by .the Prevailing Wage ; 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 submptractor, 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 certificatioIte 1pon two information. Such measures shall include, without business days'notice,.Contractor and each sntractor limitation, requiring employees and subcontractors of shall make available for.inspection the recdrequired the Consultant to execute a nondisclosure a to be made and kept by the Act: (i) to the agreement Wage, its before obtaining access to.Confidential Information. officers and agents, and to the Director of IllinoisDepartment of Labor and his or hers des and IN WITNESS WHEREOF the parties hereto VILLAGE OF OAK BROOK, an Illinois have causet "s Agreement to be executed, municipal corporation effective on 2020. "eManagerJ2 4 EXHIBIT A (QUO TATION DATED APRIL 9, 2020) 5 ace Systems,Inc. 040 Corporate Lane • • • • aperville,Illinois 60563-9691 Date Hite/States Apr 09,2020 01:10 PM ttp://www.pace-systems.com CDT ' ( )630-395-2200 0 630-395-2250 -----— -- --— _. Modified Date Apr 09,2020 01:20 PM CDT -- _ PACE , INC. Doc# 561018 -revIof1 Description 1bwer CCN SalesRep Admin, Pace (P)630-395-2197 — Customer Contact Customer Bill To Ship To VILLAGE OF OAK BROOK VILLAGE OF C AK BROOK VILLAGE OF OAK BROOK (VIL024) SERVICES,INI ORMATION SERVICES,INFORMATION 1200 OAK BROOK ROAD 1200 OAK BROOK ROAD 1200 OAK BROOK ROAD OAK BROOK,IL 60523 OAK BROOK, L 60523 OAK BROOK,IL 60523 United States United States United States Customer PO: Terms: Ship Via: Net 30 Days UPS Ground Special Instructions: Carrier Account#: Description Part# Tax Qty 1 AXIS M3206-LVE 01518-001 Yes 3 $500.00 $1,500.00 Network surveillance camera-dome-outdoor,indoor-weatherproof-color(Day6Night) -4 MP-2304 x 1728-720p, 1080p-fixed iris-fixed focal-HDMI-LAN 10/100-M)PEG, H.264,HEVC,H.265,MPEG-4 AVC-PoE Class 3 2 AXIS 01786-LE 01162-001 Yes 1 $1,175.00 $1,175.00 Network surveillance camera-PTZ-outdoor,in oor-color(Day6Night)-1920 x 1080- audio-M)PEG,H.264-PoE Class 3 3 AXIS T94SOlP 01190-001 Yes 1 $100.00 $100.00 Camera conduit back box-Indoor,outdoor-white-for AXIS M3057,M3058,P3225, P3367,P3374,P3375,Q3515,Q3517,Q3615,03617 4 AXIS T8120 Midspan 15 W 1-port 5026-204 Yes 4 $50.00 $200.00 PoE injector-AC 100-240 V-15 Watt-output c nnectors: i-United States-for AXIS M1103,M1104,M1113,M1113-E,M1114,M111 -E,M1143-L,M1144-L 5 XProtect Professional+ XPPPLUSDL- Yes 4 $120.00 $480.00 Device License-35 licenses-Win 35 6 Milestone Care Plus YXPPPLUSDL- Yes 4 $25.00 $100.00 Technical support-for XProtect Professional+-Device License-35 licenses-web 35 support-1 year 7 Professional Services PROFSERV Yes 1 $1,500.00 $1,500.00 Installation and Configuration Subtotal: $5,055.00 Tax(0.000%): $0.00 Shipping: $0.00 Total: $5,055.00 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 (hereinaftell 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 c mbined 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 andEmployer'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, employes 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 Automobfle Liability Coverage- (1)The Village, its officers,offici s,employees and volunteers are to be covered as additional insureds as respects: liability arising cut 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, officiEds, 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 re orting 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 Emr loyer's Liability Coverage The policy shall waive all rights of subrogation against the Village, its officers, officials, employees, 6 S volunteers and agents fbi 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 lim its except after thirty (30) days prior written notice by certified mail has been given to the Village. Each ins ance 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:VIL Each Insured shall furnish the Village with certificates of insurance and with original endorsements effecting coverage required by this provision. he 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 Villag 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. 7