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2022 Keyless Entry Expansion Project in Admin. and Police Dept. VILLAGE OF OAK BROOK CONTRACT FOR THE 2022 KEYLESS ENTRY EXPANSION PROJECT IN ADMINISTRATION AND POLICE DEPARTMENT Full Name of Contractor:Malko Communication Services, LLC. ("Contractor") Principal Office Address: 5401 Fargo Avenue, Skokie, Illinois 60077 Contact Person: Drew Montgomery, Project Coordinator Telephone Number: (847)626-6506 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 2022 Keyless efficiency, and expedition consistent Entry Expansion Project in Administration therewith, with only new, undamaged, and and Police Department, 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 Pricing Overview and Scope of Work Summary, approvals and authorizations necessary in attached hereto as Exhibit A. connection therewith; C. Responsibility for Damage or Loss. Contractor 3. Bonds and Insurance. Procure and furnish proposes, and agrees, that Contractor shall be all bonds and all insurance certificates and responsible and liable for, and shall promptly and policies of insurance specified in this without charge to Village repair or replace, any damage Contract; done to, and any loss or injury suffered by, the Village, the Work, the Work Site, or other property or persons as 4. Taxes. Pay all applicable federal, state, and a result of the Work. local taxes; 1 D. Inspection/Testing/Rejection. 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 All payments may be subject to deduction or set judgment, defective or damaged or that in any way fails off by reason of any failure of Contractor to to conform strictly to the requirements of this Contract perform under this Contract. Each payment and the Village, without limiting its other rights or shall include Contractor's certification of the remedies, may require correction or replacement at value of, and partial or final waivers of lien Contractor's cost, perform or have performed all Work covering, all Work for which payment is then necessary to complete or correct all or any part of the requested and Contractor's certification that all Work that is defective, damaged, or nonconforming and prior payments have been properly applied to charge Contractor with any excess cost incurred thereby, the payment or reimbursement of the costs with or cancel all or any part of any order or this Contract. respect to which they were paid. Work so rejected may be returned or held at Contractor's expense and risk. 3. Contract Time 2. Contract Price Contractor acknowledges and agrees that Contractor shall commence the Work within 15 days (weather Contractor acknowledges and agrees that Contractor permitting) following the Village's acceptance of this shall take in full payment for all Work and other matters Contract provided Contractor shall have furnished to the set forth under Section 1 above, including overhead and Village all bonds and all insurance certificates specified profit; taxes, contributions, and premiums; and in this Contract ("Commencement Date"). Contractor compensation to all subcontractors and suppliers, the further acknowledges and agrees that Contractor shall compensation set forth below. perform the Work diligently and continuously and shall complete the Work not later than December 31, 2022 A. SCHEDULE OF PRICES ("Time of Performance"). The Village may modify the Time of Performance at any time upon 15 days prior For providing, performing, and completing all written notice to the Contractor. Delays caused by the Work, the total Contract Price of $19, 090.00 Village shall extend the Time of Performance; provided, ($9,487.00 for the Admin Area, and $9,603.00 however, that Contractor shall be responsible for for the Police Department). completion of all Work within the Time of Performance, notwithstanding any strike or other work stoppage by TOTAL CONTRACT PRICE (in writing): employees of either Contractor or of the Village. Nineteen Thousand and Ninety Dollars 4. Financial Assurance Only A. Bonds. If the total contract cost is $20,000.00 or B. BASIS FOR DETERMINING PRICES more, the Contractor acknowledges and agrees that Contractor shall provide a Performance Bond, on forms It is expressly understood and agreed that: provided by, or otherwise acceptable to, the Village, from a surety company acceptable to the Village, each in the 1. All prices stated in the Schedule of Prices penal sum of the Contract Price, within 10 days following are firm and shall not be subject to the Village's acceptance of this Contract. escalation or change; B. Insurance. Contractor acknowledges and agrees 2. The Village is not subject to state or local that Contractor shall provide certificates of insurance sales, use, and excise taxes, that no such evidencing the minimum insurance coverages and limits taxes are included in the Schedule of Prices, set forth in Exhibit B within 10 days following the and that all claim or right to claim any Village's acceptance of this Contract. Such policies shall additional compensation by reason of the be in form, and from companies, acceptable to the payment of any such tax is hereby waived Village. The insurance coverages and limits set forth and released; Exhibit B shall be deemed to be minimum coverages and limits and shall not be construed in any way as a 3. All other applicable federal, state, and local limitation on Contractor's duty to carry adequate taxes of every kind and nature applicable to insurance or on Contractor's liability for losses or the Work are included in the Schedule of damages under this Contract. The minimum insurance Prices. coverages and limits that shall be maintained at all times while providing, performing, or completing the C. TIME OF PAYMENT Work are as set forth in Exhibit B. It is expressly understood and agreed that the C. Indemnification. Contractor acknowledges and Village shall make final payment upon agrees that Contractor shall indemnify and save completion of the work and final approval. harmless the Village its officers, officials, employees and 2 volunteers, against all damages, liability, claims, losses, for the tax or the amount of tax, as set forth in 65 ILCS and expenses (including attorneys' fee) that may arise, or 5/11-42.1-1; or (ii) a violation of either Section 33E-3 or be alleged to have arisen, out of or in connection with Section 33E-4 of Article 33 of the Criminal Code of 1961, Contractor's performance of, or failure to perform, the 720 ILCS 5/33E-1 et seq. Work or any part thereof, or any failure to meet the 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 C. 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 1B 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 ILCS money; nor any payment for, or use, possession, or 130/0.01 et seq.; 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 3 shall not be impaired thereby, but the remaining available on the Department's Official website, or provisions shall be interpreted, applied, and enforced so determined by the court on review, shall be paid for each as to achieve, as near as may be, the purpose and intent craft or type of worker needed to execute this contract or of this Contract to the greatest extent permitted by to perform such work, and it shall be mandatory upon applicable law. the contractor to whom the contract is awarded and upon any subcontractor under him, to pay not less than the G. Amendments and Modifications. No amendment specified rates to all laborers, workers and mechanics or modification to this Contract shall be effective until it employed by them in the execution of this contract. is reduced to writing and approved and executed by the corporate authorities of the parties in accordance with all L. Conflicts of Interest. Contractor represents and applicable statutory procedures. certifies that, to the best of its knowledge, (1) no elected or appointed Village official, employee or agent has a H. Assignment. Neither this Contract, nor any personal financial interest in the business of the interest herein, shall be assigned or subcontracted, in Contractor or in this Agreement, or has personally whole or in part, by Contractor except upon the prior received payment or other consideration for this written consent of the Village. Agreement; (2) as of the date of this Agreement, neither Contractor nor any person employed or associated with I. Governing Law; Venue. This Contract shall be Contractor has any interest that would conflict in any governed by, construed and enforced in accordance with manner or degree with the performance of the the internal laws, but not the conflicts of laws rules, of obligations under this Agreement; and (3) neither the State of Illinois. Venue for any action arising out of Contractor nor any person employed by or associated or due to this Contract shall be in the Circuit Court for with Contractor shall at any time during the term of this DuPage County, Illinois. Agreement obtain or acquire any interest that would conflict in any manner or degree with the performance of J. Certified Payrolls. Contractor shall, in the obligations under this Agreement. accordance with Section 5 of the Illinois Prevailing Wage Act, 820 ILCS 130/5, submit to the Department of Labor M. Exhibits and Other Agreements. If any conflict on a monthly basis, a certified payroll. The certified exists between this Agreement and any exhibit attached payroll shall consist of a complete copy of those records hereto or any other Agreement between the parties required to be made and kept by the Prevailing Wage relating to this transaction, the terms of this Agreement Act. The certified payroll shall be accompanied by a shall prevail. statement signed by the Contractor or subcontractor which certifies that: (1) such records are true and N. No Disclosure of Confidential Information by accurate; (2) the hourly rate paid is not less than the the Consultant. The Consultant acknowledges that it general prevailing rate of hourly wages required by the shall, in performing the Services for the Village under Prevailing Wage Act; and(3) Contractor or subcontractor this Agreement, have access, or be directly or is aware that filing a certified payroll that he or she indirectly exposed, to Confidential Information. The knows to be false is a Class A misdemeanor. A general contractor may rely upon the certification of a lower tier Consultant shall hold confidential all Confidential subcontractor, provided that the general contractor does Information and shall not disclose or use such not knowingly rely upon a subcontractor's false Confidential Information without the express prior certification. Upon seven business days' notice, written consent of the Village. The Consultant shall Contractor and each subcontractor shall make available use reasonable measures at least as strict as those the for inspection and copying at a location within this State Consultant uses to protect its own confidential during reasonable hours, the records required to be made information. Such measures shall include, without and kept by the Act to: (i) the Village, its officers and limitation, requiring employees and subcontractors of agents; (ii) the Director of Labor and his deputies and the Consultant to execute a non-disclosure agreement agents; and (iii) to federal, State, or local law before obtaining access to Confidential Information. enforcement agencies and prosecutors. K. Prevailing Wage. Pursuant to Section 4 of the Illinois Prevailing Wage Act, 820 ILCS 130/4, Contractor agrees and acknowledges that not less than the applicable rate of prevailing of wages, as found or ascertained by the Department of Labor and made 4 IN WITNESS WHEREOF the parties hereto VILLAGE OF OAK BROOK, an Illinois have caused is A reeept to be executed, municipal corporation effective on2022. Village Clerk Village �nager ATTI Its: 111�NC 1 Its: t�sc, e--� Caercl�n4 it 5 EXHIBIT A (PRICING OVERVIEW AND SCOPE OF WORK SUMMARY SUBMITTED BY MALKO COMMUNICATION SERVICES, LLC) 6 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, by either 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, volunteers and agents for losses arising from work performed by the insured for the Village. 7 Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail has been given to the Village. Each insurance policy shall name the Village, its officers, officials and employees, volunteers and agents as additional Insureds. Insurance is to be placed with insurers with a Best's rating of no less than A:VII. Each Insured shall furnish the Village with certificates of insurance and with original endorsements effecting coverage required by this provision. The certificate and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms approved by the Village and shall be subject to approval by the Village Attorney before work commences. The Village reserves the right to require complete,certified copies of all required insurance policies, at any time. Each insured shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 8 M No COMMUNICATION SERVICES«C Dear Jim: Malko Communication Services (Malko) is pleased to submit our proposal for the new panel and card readers in the Admin area identified below. Pricing breakouts below are considered for a full scope per Mark's site walk. Pricing Overview Access Control: $9,487.00 Scope of Work Summary Access Control • Supply&install(1)Keyscan 8 Door panel • Supply&install(4)Kprox card readers • Supply&install(6)Door contacts • Supply&install(2)Rex motions • Supply&install(1)Power supply • Supply&install(1)Netcome2p • Terminations of cable,wiremold,and programming is included in this price. • Cable is provided by the Village of Oak Brook POI:V1110� -r r),rl:l±x;,;�: M 1ko COMMUNICATION SERVICES,, Dear Jim: Malko Communication Services (Malko) is pleased to submit our proposal for the new panel and card readers in the Police Department identified below. Pricing breakouts below are considered for a full scope per Mark's site walk. Pricing Overview Access Control: $9,603.00 Scone of Work Summary Access Control • Supply&install(1)Keyscan 8 Door panel • Supply&install(5)Kprox card readers • Supply&install(5)Door contacts • Supply&install(3)Open frame transformers • Supply&install(1)Power Supply • Supply&install(1)Netcome2p • Terminations of cable,wiremold,and programming is included in this price. • Cable is provided by the Village of Oak Brook I POPOIS V.Wlt"':Ila�-c,c nl Oak Bmol<