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2019-29 RESOLUTION 2019 - 29 A RESOLUTION AUTHORIZING EXECUTION OF A CONTRACT BETWEEN GREAT LAKES PROPERTY LOGISTICS AND THE VILLAGE OF BUFFALO GROVE FOR PAINTING SERVICES WHEREAS, the Village of Buffalo is a home rule unit pursuant to the Illinois Constitution of 1970; and WHEREAS, the Village sought bids from contractors for Painting Services for the Village; and WHEREAS, pursuant to the bids that were submitted, it is in the best interest of the Village to enter into a contract with Great Lakes Property Logistics for said services. NOW THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS,as follows: SECTION 1. The foregoing recitals are hereby adopted and incorporated and made a part of this Resolution as if fully set forth herein. SECTION 2. The Village Manager is authorized to execute a contract with Great Lakes Property Logistics,subject to the review and approval of the Village Attorney. SECTION 3. If any section, paragraph, clause or provision of this Resolution shall be held invalid, the invalidity thereof shall not affect any other provision of this Resolution. SECTION 4. This Resolution shall be in full force and effect from and after its passage and approval. AYES: 6—Stein, Ottenheimer, Weidenfeld,Johnson, Smith,Pike NAYES: 0-None ABSENT: 0- None PASSED: August 19, 2019. APPROVED: August 19, 2019. APPROVED: Beverly Suss a , Village resident ATTEST: Jane �irabian,Village Clerk PAINTING 2019 CONTRACT Painting 2019 Contract(the"Contract")is entered between the Village of Buffalo Grove(hereinafter the"Village" or "Owner"), an Illinois home-rule unit of government, and Great Lakes Property Logistics an (hereinafter the "Contractor") on this 19th day of August, 2019 (the "Effective Date"). The Village and the Contractor are hereinafter sometimes collectively referred to as the"Parties"and individually as a"Party". RECITALS WHEREAS, the Village has solicited bids for the Work (defined below), Contractor has submitted a bid for the Work and Village has selected Contractor for the Work based on their bid;and WHEREAS, the Contractor wishes to enter into this Contract with the Village and the Village wishes to enter into this Contract with the Contractor for the Work; NOW THEREFORE,for and in consideration of the mutual covenants and promises herein contained,the adequacy and sufficiency of which are hereby acknowledged by the Parties,it is agreed as follows: ARTICLE I-WORK TO BE DONE BY THE CONTRACTOR The Village does hereby hire and contract with the Contractor to provide all the labor,equipment,materials and/or services described more thoroughly on Contract Exhibit A (the "Work") which is incorporated into the Contract by this reference. ARTICLE H-CONTRACT DOCUMENTS The following exhibits are attached hereto and incorporated herein by this reference: Contract Exhibit A—Description of the Work Contract Exhibit B—Schedule of Prices Contract Exhibit C—Performance and Payment Bond If any term or provision of this Contract shall conflict with any term or provision of the exhibits referenced above, the terms and provisions of the exhibit shall control. ARTICLE III- CONTRACT AMOUNT The Village agrees to pay the Contractor for the proper and timely performance of the Work in strict accordance with this Contract as detailed in Contract Exhibit B (the "Schedule of Prices") Unless explicitly provided otherwise in this Contract, the detailed sums shall be the full and exclusive compensation owed to the Contractor for the Work; and Contractor may not seek additional payments from the Village. Painting 2019 1 ARTICLE IV—APPLICATION FOR PAYMENT The Contractor shall be paid at most once a month and only after providing the Village the following: 1. An executed and notarized Contractor's Sworn Statement in a form similar to AIA G702 or AIA G703; 2. Either a partial or final lien waiver from every subcontractor, sub-subcontractor, or materialman in substantially the same form as attached here as Contract Exhibit D and Contract Exhibit E; 3. Certified payroll necessary for the Prevailing Wage Act;and All payments under this Contract must be approved by the Village's Board at regularly scheduled meetings. The Village reserves the right to request any receipts,invoices, proof of payments as the Village, in its sole discretion, may deem necessary to justify the payment requested prior to paying the requested payment. The Contractor shall furnish with his final application for payment a Final Lien Waiver from itself and, if not already provided, from every subcontractor and materialman of the Work. The Contractor acknowledges that the Village is a unit of local government and that all payments under the Contract are subject to the Local Government Prompt Payment Act, 50 ILCS 505 et seq. To that extent, the Village shall have forty-five calendar(45)days from receipt of a bill or invoice to pay the same before it is considered late under the Contract. Interest, if any, charged for any late payments will be subject to the interest rate caps specified in the Prompt Payment Act. ARTICLE V—CONTRACT TIME The Contractor shall fully, and not substantially, complete all the Work and the Work shall be accepted by the Director of Public Works, provided that acceptance by the Director of Public Works shall not be unreasonably delayed,on or before Friday November 16, 2019. If the Contractor shall fail to complete the work within the Contract Time which shall include any proper extension granted by the Village,the Contractor shall pay to the Village an amount equal to Two Hundred Fifty dollars($250) per calendar day for each day past the Contract Time until final acceptance by the Village as liquidated damages and not as a penalty. Extension The Village reserves the right to extend this contract for one (1) year. Written requests for price revisions after the first year contract period shall be submitted at least thirty (30)calendar days prior to January 1, 2019. Requests must be based upon and include documentation of the actual change in the cost of the components involved in the Contract and shall not include overhead, or profit. In any case requests for price revisions shall not exceed the most recent 12-month Consumer Price Index (CPI-All Urban Consumers,Chicago)or 2.5%whichever is less. The Village reserves the right to reject a proposed price increase and terminate the Contract. For any year beyond the initial year, this Contract is contingent upon the appropriation of sufficient funds by the Village Board;no charges shall be assessed for failure of the Village to appropriate funds in future contract years. Painting 2019 2 ARTICLE VI—PERFORMANCE and PAYMENT BOND The Contractor shall provide the Village with a performance and payment bond in substantially the same form as on Contract Exhibit C(the"Performance and Payment Bond")prior to Contractor beginning any Work and within 10 calendar days of the Notice of Award sent to the Contractor. ARTICLE VII—ACCIDENT PREVENTION The Contractor shall exercise every precaution at all times to protect itself, the property of the Village and the property of others. The safety provision of all applicable laws and ordinances shall be strictly observed by the Contractor at all times. Any practice deemed hazardous or dangerous by the Director of Public Works or his authorized representatives shall be immediately discontinued by the Contractor upon receipt of instructions from the Director of Public Works or his authorized representatives. To the fullest extent permitted by law,the Contractor shall be solely responsible for all safety-related matters. ARTICLE VIII—INDEMNIFICATION To the fullest extent permitted by law, the Contractor agrees to defend, pay on behalf of, indemnify, and hold harmless the Village,its elected and appointed officials,agents,employees and volunteers and others working on behalf of the Village against any and all claims, demands, suits or loss, including all costs connected therewith, and for any damages which may be asserted, claimed or recovered against or from the Village, its elected and appointed officials, agents, employees and volunteers and others working on behalf of the Village, by reason of personal injury, including bodily injury and death, and/or property damage, whether damage to property of the Village or of a third party,including loss of use thereof,which arises out of or is in any way connected or associated with the Contract and the Work. ARTICLE IX— CONTRACTORS INSURANCE Contractor shall procure and maintain, for the duration of the Contract and any maintenance period, insurance against claims for injuries to persons or damages to property,which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives,employees or subcontractors. A. Minimum Scope of Insurance: Coverage shall be at least as broad as: Insurance Services Office Commercial General Liability occurrence form CG 0001 with the Village of Buffalo Grove named as additional insured on a primary and non-contributory basis. This primary, non- contributory additional insured coverage shall be confirmed through the following required policy endorsements: ISO Additional Insured Endorsement CG 20 10 or CG 20 26 and CG 20 0104 13 1. Insurance Services Office Commercial General Liability occurrence form CG 0001 with the Village named as additional insured,on a form at least as broad as the ISO Additional Insured Endorsement CG 2010 and CG 2026 2. Insurance Service Office Business Auto Liability coverage form number CA 0001,Symbol 01 "Any Auto." 3. Workers' Compensation as required by the Labor Code of the State of Illinois and Employers' Liability insurance. Painting 2019 3 B. Minimum Limits of Insurance: Contractor shall maintain limits no less than: 1. Commercial General Liability: $1,000,000 combined single limit per occurrence for bodily injury,personal injury and property damage.The general aggregate shall be twice the required occurrence limit. Minimum General Aggregate shall be no less than$2,000,000 or a project/contract specific aggregate of$1,000,000. 2. Business Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. 3. Workers'Compensation and Employers'Liability: Workers'Compensation coverage with statutory limits and Employers'Liability limits of$500,000 per accident. C. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the Village.At the option of the Village, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as it respects the Village, its officials, agents,employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigation,claim administration and defense expenses. D.Other Insurance Provisions The policies are to contain,or be endorsed to contain, the following provisions: 1. General Liability and Automobile Liability Coverages: a. The Village, its officials, agents, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor;products and completed operations of the Contractor; premises owned, leased or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the Village,its officials,agents,employees and volunteers. 2. The Contractor's insurance coverage shall be primary and non-contributory as respects the Village, its officials,agents,employees and volunteers.Any insurance or self-insurance maintained by the Village, its officials,agents,employees and volunteers shall be excess of Contractor'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 officials,agents,employees and volunteers. 4. The Contractor's insurance shall contain a Severability of Interests/Cross Liability clause or language stating that Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5. If any commercial general liability insurance is being provided under an excess or umbrella liability policy that does not "follow form," then the Contractor shall be required to name the Village, its officials, employees,agents and volunteers as additional insureds 6. All general liability coverages shall be provided on an occurrence policy form. Claims-made general liability policies will not be accepted. 7. The contractor and all subcontractors hereby agree to waive any limitation as to the amount of contribution recoverable against them by the Village. This specifically includes any limitation imposed by any state statute,regulation,or case law including any Workers' Compensation Act provision that applies a limitation to the amount recoverable in contribution such as Kotecki v. Cyclops Welding Painting 2019 4 E.All Coverages: 1. No Waiver. Under no circumstances shall the Village be deemed to have waived any of the insurance requirements of this Contract by any act or omission, including,but not limited to: a. Allowing work by Contractor or any subcontractor to start before receipt of Certificates of Insurance and Additional Insured Endorsements. b. Failure to examine,or to demand correction of any deficiency, of any Certificate of Insurance and Additional Insured Endorsement received. 2. Each insurance policy required shall have the Village expressly endorsed onto the policy as a Cancellation Notice Recipient. Should any of the policies be cancelled before the expiration date thereof, notice will be delivered in accordance with the policy provisions. F. Acceptability of Insurers Insurance is to be placed with insurers with a Best's rating of no less than A-,VII and licensed to do business in the State of Illinois. G. Verification of Coverace Contractor shall furnish the Village with certificates of insurance naming the Village, its officials, agents,employees, and volunteers as additional insured's and with original endorsements,affecting coverage required herein. The certificates 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 received and approved by the Village before any work commences. The Village reserves the right to request full certified copies of the insurance policies and endorsements. H. Subcontractors Contractor shall include all subcontractors as insured's under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage's for subcontractors shall be subject to all of the requirements stated herein. I. Assumption of Liability The contractor assumes liability for all injury to or death of any person or persons including employees of the contractor, any subcontractor, any supplier or any other person and assumes liability for all damage to property sustained by any person or persons occasioned by or in any way arising out of any work performed pursuant to the Contract. J. Workers'Compensation and Employers'Liability Coverage The insurer shall agree to waive all rights of subrogation against the Village of Buffalo Grove,its officials, employees, agents and volunteers for losses arising from work performed by Contractor for the municipality. K. Failure to Comply In the event the Contractor fails to obtain or maintain any insurance coverage's required under this contract, The Village may purchase such insurance coverage's and charge the expense thereof to the Contractor. Painting 2019 5 ARTICLE X—CERTIFICATE OF AUTHORITY AND SURETY CERTIFICATE The Contractor shall furnish the Village with a current Certificate of Authority or Surety Certificate issued by the Illinois Department of Insurance for the bonding company and insurance company they are using. In lieu of a Certificate of Authority of Surety Certificate, the Contractor may provide certificate of good standing from the Illinois Department of Insurance's website. ARTICLE XI—COPYRIGHTS AND LICENSES The Contractor agrees that all documents of any kind whatsoever, and in whatever medium expressed, prepared by the Contractor and the Contractor's consultants in connection with the Work (collectively, the "Documents") or otherwise pursuant to this Contract and all rights therein (including trademarks, trade names, rights or use, copyrights and/or other proprietary rights) shall be and remain the sole property of the Village (regardless of whether the Village or the Contractor terminates this Contract for any reason whatsoever). The Contractor hereby agrees that the Documents are or shall be deemed to be"Works for Hire"within the meaning of Section 101 of the Copyright Act,and the Contractor hereby assigns to the Village all right,title and interest therein. Notwithstanding,the Contractor shall indemnify and hold harmless the Village,its appointed and elected officials, employees,agents and volunteers from and against all claims, damages, losses,and expenses(including attorneys' fees and court and arbitration costs) arising out of any infringement of patent rights or copyrights incident to the Documents and the Work. ARTICLE XII—NOTICE All notices,demands,requests, consents, approvals and other communications required or permitted to be given hereunder(a"Notice")shall be in writing and shall be deemed effective three(3)business days after mailing if mailed by certified mail with return receipt requested and immediately if served personally,and shall be addressed to the following: IF TO THE VILLAGE: Village of Buffalo Grove 50 Raupp Blvd Buffalo Grove, IL 60089 mreynolds@vbg.org ATTN: Director of Public Works WITH COPIES TO: Cc:pbrankin@schainbanks.com Cc:brobinson@vbg.org IF TO THE CONTRACTOR: ATTN: Painting 2019 6 ARTICLE XIII—CHANGE ORDERS If the Village requests any change to the Work the Village shall do so by delivering Notice of the same to the Contractor and the change requested by the Village shall be effective upon receipt of the Notice by the Contractor. The Contractor may propose a change to the Work by delivering Notice of the proposed change along with a description of the changes full effect on the Work to the Village; provided,such requested change shall not be deemed accepted until the Village has delivered to the Contractor Notice of the same. Prior to approving a proposed change to the Work by the Contractor,the Village may request such additional documentation as it deems necessary to investigate the proposed change. The Contractor shall be responsible for informing all its employees and subcontractors of any changes to the Work,whether such change is requested by the Contractor or the Village. ARTICLE XIV—NOTICE OF STARTING WORK The Contractor shall provide Notice to the Village prior to the Contractor, or its employees or subcontractors,starting the Work or any phase of the Work. ARTICLE XV—SEQUENCE OF THE WORK The Director of Public Works shall have the power to direct the order and sequence of the Work. On any major portion of the Work, all accessories shall be set coincident with the main construction. Payment for major portions of the Work may be withheld until proper completion of accessories. ARTICLE XVI—SUPERVISION The Director of Public Works shall have override power to superintend and direct the Work, and the Contractor shall perform all of the Work herein specified to the satisfaction,approval and acceptance of the Police Chief.The Contractor shall have at all times a competent foreman or superintendent at the Work's site, who shall have full authority to act for the Contractor and to receive and execute orders from the Police Chief, and any instructions given to such superintendant or person, executing work for the Contractor, shall be binding on the Contractor as though it was personally given to the Contractor. ARTICLE XVII—STANDARD OF WORK AND WORKERS The Contractor shall employ competent staff and shall discharge, at the request of the Police Chief, any incompetent, unfaithful, abusive or disorderly workers in its employ. Where experts or skilled workers must be employed,only expert or skilled workers shall be employed. Painting 2019 7 ARTICLE XIII—CONDITIONS OF THE WORK SITE The Contractor shall provide and maintain such sanitary accommodations for the use of its employees as may be necessary to comply with the State and local Board of Health requirements. Public nuisances will not be permitted. The Contractor shall leave said Work's site(s)in the best possible condition to the complete satisfaction of the Police Chief. No vehicles of any kind shall be placed,parked, or operated upon any grass areas at any time except as authorized by the Director of Public Works or his authorized representative. Further,the Contractor shall exercise every precaution for the protection of all persons and all property. The safety provisions of all-applicable laws and ordinances shall be strictly observed. Any practice hazardous in the opinion of the Director of Public Works or his authorized representatives shall be immediately discontinued by the Contractor upon his receipt of instructions from the Director of Public Works or his authorized representative. To the maximum extent permitted by law, the Contractor shall be responsible for all safety-related matters. ARTICLE XIX—WARRANTY PERIOD All material and workmanship shall be warranted and guaranteed according to manufacturer's recommendation after inspection and approval by the Director of Public Works or his designated representative. All work performed by the Contractor shall be warranted by the Contractor following completion and final acceptance of the Work for a period of twelve (12)months from the date of final,and not substantial, completion. ARTICLE XX—ACCIDENTS In the event of any accident of any kind that involves the general public or property of the Village or a third party, the Contractor shall immediately notify the Director of Public Works by phone as well as provide Notice of the same. The Notice shall include a full accounting of all details of the accident. The Contractor shall furnish the Village with copies of all reports of such accidents at the same time that the reports are forwarded to any other interested parties. ARTICLE XXI—NO ASSIGNMENT If the Contractor sublets or assigns any part of the Work then the Contractor shall not under any circumstances be relieved of its liabilities hereunder. All transactions of the Village shall be with the Contractor. Subcontractors shall be recognized only in the capacity of employees or workmen and shall be subject to the same requirements as to character and competence. The Contractor shall not assign, transfer, convey, sell or otherwise dispose of the whole or any part of this Contract to any person, firm or corporation without written consent of the Director of Public Works or his authorized representative. Painting 2019 8 ARTICLE XXII—DEFAULT The following shall constitute a default an"Event of Default"by the Contractor under this Contract: A. If the Contractor shall fail to strictly observe or perform one or more of the terms, conditions, covenants and agreements of this Contract; B. If there shall be placed on any property owned by the Village any mechanics',materialmens' or suppliers' lien; C. If there shall be instituted any proceeding against the Contractor seeking liquidation, dissolution or similar relief and the same shall not be dismissed within forty-five(45) calendar days; D. If there shall be appointed any trustee, receiver or liquidator of the Contractor and such appointment shall not have been vacated within forty-five(45)calendar days; and E. If the Contractor fails to maintain or obtain any and all permits, licenses and the like, if any, required by the Village, State or Federal governments for the Work. Upon any Event of Default the Village shall have the option of(i)terminating the Contract;(ii)pursuing any remedy available to it at law or in equity; or(iii)pursuing both simultaneously. In addition, upon an Event of Default, the Village may withhold payments due to the Contractor until it has hired a replacement of the Contractor and deducted all costs of hiring a replacement. ARTICLE XXIII—DELAYS The Contractor shall not be liable in damages for delays in performance when such delay is the result of fire, flood, strike, acts of God, or by any other circumstances which are beyond the control of the Contractor; provided, however, under such circumstances the Village may,at its option, cancel the Contract. ARTICLE XXIV—COMPLIANCE WITH LAWS The Contractor shall comply with all applicable laws, regulations and rules promulgated by any federal, state,local,or other governmental authority or regulatory body pertaining to all aspects of the Work, now in effect, or which may become in effect during the performance of the Work. The scope of the laws, regulations,and rules referred to in this paragraph includes,but is in no way limited to, the Illinois Human Rights Act,Illinois Equal Pay Act of 2003, Occupational Safety & Health Act along with the standards and regulations promulgated pursuant thereto(including but not limited to those safety requirements involving work on elevated platforms), all forms of traffic regulations, public utility, Interstate and Intrastate Commerce Commission regulations, Workers' Compensation Laws,Public Construction Bond Act,Public Works Preference Act,Employment of Illinois Workers on Public Works Act, USA Security Act, federal Social Security Act(and any of its titles), and any other law,rule or regulation of the Illinois Department of Labor, Department of Transportation, Illinois Environmental Protection Act, Illinois Department of Natural Resources,Illinois Department of Human Rights,Human Rights Commission, EEOC, and the Village of Buffalo Grove. Notwithstanding the following, the Contractor shall particularly note that: A. NO DISCRIMINATION—The Contractor shall comply with the provisions of the Illinois Public Works Employment Discrimination Act and the Illinois Human Rights Act/Equal Opportunity Clause which, pursuant to Illinois law,are deemed to be part of this Contract. Painting 2019 9 B. FREEDOM OF INFORMATION - The Contractor agrees to furnish all documentation related to the Contract, the Work and any documentation related to the Village required under an Illinois Freedom of Information Act(ILCS 140/1 et.seq.)("FOIA")request within five(5)calendar days after the Village issues Notice of such request to the Contractor. The Contractor agrees to defend, indemnify and hold harmless the Village, and agrees to pay all reasonable costs connected therewith (including, but not limited to attorney's and witness fees, filing fees and any other expenses)for the Village to defend any and all causes,actions,causes of action, disputes, prosecutions, or conflicts arising from Contractor's actual or alleged violation of FOIA or the Contractor's failure to furnish all documentation related to a FOIA request within five (5) calendar days after Notice from the Village for the same. Furthermore, should the Contractor request that the Village utilize a lawful exemption under FOIA in relation to any FOIA request thereby denying that request,Contractor agrees to pay all costs connected therewith (such as attorneys'and witness fees, filing fees and any other expenses) to defend the denial of the request. This defense shall include,but not be limited to,any challenged or appealed denials of FOIA requests to either the Illinois Attorney General or a court of competent jurisdiction. C. ILLINOIS WORKERS ON PUBLIC WORKS ACT-To the extent applicable,the Contractor shall comply with the Illinois Workers on Public Works Act, 30 ILCS 570/1 et seq., and shall provide to the Village any supporting documentation necessary to show such compliance. D. NOT A BLOCKED PERSON- The Contractor affirms and covenants that neither the Contractor nor any individual employed by the Contractor for this Work or under this Contract is a person forbidden from doing business with a unit of local government under Executive Order No. 13224 (Sept 23, 2001), 66 Fed.Reg. 49,079 (Sept 23, 2001) or is a person registered on the Specially Designated Nationals and Blocked Persons List. The Contractor shall indemnify the Village from all costs associated with failure to comply with this paragraph. E. SUBSTANCE ABUSE PREVENTION ON PUBLIC WORKS ACT - The Contractor knows, understands and acknowledges its obligations under the Substance Abuse Prevention on Public Works Act (820 ILCS 265/1 et seq.), and shall comply and require all subcontractors and lower tiered contractors to comply with the requirements and provisions thereof. F. PREVAILING WAGE ACT -The Village is an Illinois unit of local government and the Work hereunder is subject to the Illinois Prevailing Wage Act, 820 ILCS 130/0.01, et seq. Consequently, the Contract and each subcontractor shall submit monthly with their application for payment a certified payroll along with a signed statement attesting that: (i) such payroll is true and accurate; (ii) the hourly rate paid to each worker is at least equal to the prevailing wage for such work; and (iii) the Contractor or subcontractor is aware that filing a falsely certified payroll is a Class B Misdemeanor. Any delay in processing the payments due to a lack of certified payroll shall not be an event of default by the Village and shall not excuse any delay by the Contractor who shall proceed with the Work as if no delay in payment has occurred. The Contractor and Village shall agree to take any further steps not outlined above to ensure compliance with the Prevailing Wage Act. Upon two business day's Notice, the Contractor and each subcontractor shall make available to the Village their records to confirm compliance with the Prevailing Wage Act. Finally,to ensure compliance with Prevailing Wage Act,the Contractor and each subcontractor shall keep for a period of not less than 5 years after the Work has been completed records of all laborers, mechanics, and other workers employed by them for the Work; the records shall include each worker's name, address, telephone number, classification or classifications, the hourly wages paid in each period, the number of hours worked each day,the starting and ending times of work each day and,when available,last four digits of the social security number. The Contractor shall provide a list of every name,address,phone number and email of every sub-contractor for the Work. Current rates can be located on the Illinois Department of Labor website. https://data.illinois.gov/dataset/idol-2018-prevailing-wage-rates/resource/Oc95fO63-aed9-4db7-adc3-c224acee8fc2 Painting 2019 10 ARTICLE XXV—NO WAIVER OF RIGHTS A waiver by the Village of any Event of Default or any term of provision of this Contract shall not be a waiver of the same Event of Default,another Event of Default or any other term or provision of this Contract. ARTICLE XXVI—CONTROLLING LAW AND VENUE This Contract is entered into in the State of Illinois, for work to be performed in the State of Illinois and shall be governed by and construed in accordance with the laws of the State of Illinois. Any legal matters or dispute shall be resolved in the Circuit Court of Cook County and the Parties hereby submit to the jurisdiction of such Circuit Court. This Contract shall be construed without regard to any presumption or other rule requiring construction against the Party causing the Contract to be drafted. ARTICLE XXVII—MISCELLANEOUS A. AMENDMENT—This Contract may be amended only in writing executed by both Parties. B. NO RECORDING—This Contract,or a memorandum thereof,may not be recorded in any form by either Party. If either Party records this Contract,or a memorandum thereof,they shall immediately file a release of the same. C. SECTION HEADINGS—The headings in the Contract are intended for convenience only and shall not be taken into consideration in any construction or interpretation of the Contract. D. NO THIRD PARTY BENEFICIARIES —This Contract does not confer any rights or benefits on any third party. E. BINDING EFFECT—This Contract shall be binding and inure to the benefit of the Parties hereto, their respective legal representatives, heirs and successors-in-interest. F. ENTIRE AGREEMENT — This Contract supersedes all prior agreements and understandings and constitutes the entire understanding between the Parties relating to the subject matter hereof. G. SEVERABILITY - If any term, condition or provision of the Contract is adjudicated invalid or unenforceable, the remainder of the Contract shall not be affected and shall remain in full force and effect, to the fullest extent permitted by law. H. TORT IMMUNITY DEFENSES- Nothing contained in this Contract is intended to constitute nor shall constitute a waiver of the rights, defenses, and immunities provided or available to the Village under the Local Governmental and Governmental Employees Tort Immunity Act,745 ILCS 10 et seq. I. CALENDAR DAYS AND TIME.Unless otherwise provided in this Contract, any reference in this Contract to"day"or"days"shall mean calendar days and not business days. If the date for giving of any notice required to be given,or the performance of any obligation,under this Contract falls on a Saturday, Sunday or federal holiday, then the notice or obligation may be given or performed on the next business day after that Saturday, Sunday or federal holiday. Painting 2019 11 J. TERNUNATION OF CONTRACT. The Contract may be terminated,in whole or in part,by either party if the other party substantially fails to fulfill its obligations under the Contract through no fault of the terminating party; or the Village may terminate the Contract,in whole or in part,for its convenience. However,no such termination may be effected unless the terminating party gives the other party:(1)not less than thirty(30)calendar days written notice by certified mail of intent to terminate,arid.(2)an opportunity for a meeting with the terminating party before termination. K. COUNTERPARTS—This Contract may be executed by the Parties in any any number of counterparts, each of which shall be deemed an original,but all of which together shall constitute an original instrument. IN WITNESS WHEREOF,the Parties hereto have caused the Contract to be executed as of the Effective Date. Village of Buffalo Grove, Great Lakes Property Logistics an Illinois home-rule unit of government By: .. By: Name: Dane Bragg Name: i� Title:Village Manager Title: v Painting 2019 12 J. TERMINATION OF CONTRACT. The Contract may be terminated,in whole or in part,by either party if the other party substantially fails to fulfill its obligations under the Contract through no fault of the terminating party; or the Village may terminate the Contract, in whole or in part,for its convenience. However,no such termination may be effected unless the terminating party gives the other party: (1)not less than thirty (30)calendar days written notice by certified mail of intent to terminate,and (2)an opportunity for a meeting with the terminating party before termination. K. COUNTERPARTS—This Contract may be executed by the Parties in any any number of counterparts, each of which shall be deemed an original,but all of which together shall constitute an original instrument. IN WITNESS WHEREOF,the Parties hereto have caused the Contract to be executed as of the Effective Date. Village of Buffalo Grove, Great Lakes Property Logistics an Illinois home-rule unit of government By: U- By: Name: Dan­egagg Name: Title:Village Manager Title: Painting 2019 12 CONTRACT EXHIBIT A DESCRIPTION OF THE WORK The work services, equipment,labor and/or materials below shall be collectively referred to as the"Work": The following work involves painting an estimated four thousand five hundred(4500)square feet of interior space at the Village of Buffalo Grove Police Department located at 46 Raupp Blvd,Buffalo Grove, Illinois, 60089. I. Painting/Drywall Repair Services—Lump Sum Painting Contractor to provide painting services at the Buffalo Grove Police Station, 46 Raupp Blvd, Buffalo Grove, IL 60089 in the areas shown in Exhibit D. Contractor is to provide all materials,equipment,and labor for interior and exterior painting services are to include, but are not limited to,drywall patching,surface cleaning and preparation,and paint. Surfaces requiring painting services include,but are not limited to,poured concrete,wood, drywall,concrete block,metal,and stucco. The Contractor is responsible for removing, storing,and reinstalling wall hangings, including but not limited to paintings,pictures,and plaques. All paint and drywall patching products used shall be accompanied by and delivered to the Village,product information including, but not limited to,paint color and color mix information,sheen, manufacturer,and type. Left over paint shall remain with the Village securely contained in original can(s)for later touchups if needed. Paint shall be Sherwin William Satin or approved alternate. Colors to be selected after award of agreement. Certain areas shall be painted in a two tone paint scheme.These areas include door frames and chair rails as well as an accent wall.These areas will be pointed out during the Facility site tour. II. Optional Painting/Drywall Repair Services Optional Painting and Drywall repairs services include future projects at Village owned facilities.This work is to be priced on a time and material basis. Contractors are to provide all materials,equipment and labor for interior and exterior painting services to include,but are not limited to, drywall patching, rust removal, surface cleaning and preparation,primer, and paint. Surfaces requiring painting services include,but are not limited to,poured concrete,wood,drywall,concrete block, metal,and stucco. The Contractor is responsible for removing,storing, and reinstalling wall hangings,including but not limited to paintings,pictures,and plaques. All paint and drywall patching products used shall be accompanied by and delivered to the Village, product information including,but not limited to,paint color and color mix information,sheen,manufacturer, and type. Left over paint shall remain with the Village securely contained in original can(s)for later touchups if needed. Painting 2019 13 III. Personnel Due to the secure and sensitive nature of this facility, the Village requires background checks on all Contractor employees including its subcontractors working on site. Prior to commencing work, the Contractor shall submit to the Facilities Manager or designee, the names, home addresses, date of birth, social security numbers, immigration documents (if applicable),and driver's license numbers of all employees to be engaged in work specified herein or having access to the buildings and the Contractor shall cause to be completed fingerprint charts and personal history statements of all employees. No employees at any time shall commence work until the above listed information has been submitted to and written clearance received from the Facilities Manager.The Contractor shall provide written authorization from prospective employees for the Village to perform the security clearances required. No personnel will be able to perform work without first completing the aforementioned security process. Painting 2019 14 N O SLR V _O W O 4) 0) cc CI9 ©e ©y �€ ❑R �F ®` ©k 0= h h ©8 hE R h �e 3� �a ❑? �r ©@ �$ N �a At 0 EE3 © IL �h ®h 9 R U k = f 0 ®_ �h LS Y W 1- 19 j d O C'3 O cv m Qs O ®a �Y ®' ®8 1 �k ©k � f ®s CI9 N N / k J 3 f ■ J C iC k ®fi U ■ �F 3 A is W F lz ! �'j CONTRACT EXHIBIT B- SCHEDULE OF PRICES [Insert Schedule of Prices] Painting 2019 15 VoBG-2019-23 EXHIBIT B - SCHEDULE OF PRICES Name of dder: Address of Bislde r: City / �� Stat Zip Telephone C� Email Address: 777 b Q' The Bidder declares, represents and warrants that it has read and agrees to abide by the terms, conditions and obligations set forth in the Invitation to Bid. In particular, the Bidder declares, represents and warrants that it has informed itself of all the conditions under which the Work is to be performed including,but not limited to,and where applicable,the conditions of the ground,and building codes. Bidder waives any right to additional compensation for failure to make itself aware of the afore-mentioned conditions. Bidder further declares that if their Bid Proposal is accepted,that Bidder will enter into the Contract in the same form as set forth in the Bid and Contract Documents. However,Bidder may request changes to the Contract by submitting with this Schedule of Prices a list of requested changes to the Contract. If this bid is accepted, and the undersigned fails to (i) contract as aforesaid, (ii) provide the Performance and Payment Bond required by the Contract, and(iii) provide all insurance required under the Contract within fifteen(15)calendar days after the date of the award of the Contract then the Village,at its option,may detennine that the bidder has abandoned this Bid,and thereupon this Bid and the acceptance thereof shall be null and void, and such security accompanying this Bid shall be forfeited and shall be the property of the Village of Buffalo Grove not as penalty,but as liquidated damages. BID SECURITY Accompanying this Bid is a t/ in Ih nt of C _ J Dollars (S t/JA ey-) Note: (a) Insert the words"Bank Draft","Cashier's Check","Certified Check"or"Bid Bond",as the case may be. (b) Amount must be equal to at least five percent(5%)of the Total Base Bid. Painting 2019 7 VoBG-2019-23 EXHIBIT B - SCHEDULE OF PRICES (cont.) I. Police Department Pain ting/Drywall Re air Se7ces—(L'u�p Sum Cost for painting areas defined in Exhibit D. $ � ✓ J II. Optional Painting/Drywall Repair Services Business Hours After Hours Weekend Hours Hourly Rate Mond= -Frida Monday-Frida Saiurda Holid + Sunda Labor � $ �•�70 $ �.�O $ �O Supervisory $ ,� ..... ...._�W . .._. 30 Markup of Materials l }2 �-�.,• '� ,+ram d Above Vendor Cost u � ntnz 1 Q Equipment Fees(if r �� dr ti r applicable) M x (10 f11( s(tt i it t Miscellaneo `IT�ITITus Shop °7777i � .... Fees(if applicable) ot a � e Minimum Call-Out 1 ° z Hours >�` All work under this contract shall comply ii ith the Prevailing Wage.Rate Act of the State of Illinois,820 11,CS 13010.01 e1 seq.and Employment of Illinois Works on Public Works act(30 ILLS 5701). Painting 2019 8 VoBG-2019-23 EXHIBIT B - SCHEDULE OF PRICES (cont.) SUBCONTRACTOR LISTING Bidder,to employ the following listed subcontractors for the following enumerated classes of work and is not to alter or add to such list without the written consent of the Village. SUBCONTRACTOR CLASS OF WORK 2. 3. 4. ACKNOWLEDGEMENT OF ADDENDA Acknowledgement of receipt of Addenda(s) (list each addendum number) Attach each signed addendum,if any,to the bid packet as part of your submittal. CONTRACTOR SIGNATURE and CONTACT INFORMATION Date Phone rAkj Lir (i tj A(S Legal Entity E-mail rr (Sign here) rrtnT 7`Ub/4j (Print Name) Painting 2019 9 VoBG-2019-23 Finance Department Fifty Routv Blvd. Buff.t,o Gfove.11 W089-2198 Rhone P47 459-2525 Fax 8 17-d59-1906 Painting 2019 Addendum #1 TO: Prospective Respondents and Other Interested Patties FROM: The Village of Buffalo Grove Finance Department ISSUE DATE: )my 12,2019 SUBJECT: ADDENDUM#1 Note: This Addendum is hereby declared a part of the original bid documents and in case of conflict, the provisions in the following Addendum shall govern. The following changes and clarifications shall be made to the hid Documents for Painting 2019 Ql. Does the Village want separate lime items for paint and repair? Al. No,R\hibit B Schedule of Prices Item 1.Painting/Drhvall Repair Services—Lump Sum is meant to be an all-inclusive cost for both painting and repair services at the Police Deparunew. 1. Police Department Painting/Drywall Repair Services—Lump Sum Cost for p p i a �lin�,d-+rr'Fxhibit D. PROSPEC 1VE RESPONDENTS ARE TO ACKNOWLEDGE RECEIPT OF ADDENDUM #I. PLEASE INCLUDE AND NOTE THIS IIS ADDENDUM IN YOUR RESPONSE.. RESPONDENT: SIGNED: DATE: TITLE 1 CONTRACT EXHIBIT C- FORM OF PERFORMANCE AND PAYMENT BOND Bond Number: KNOW ALL MEN BY THESE PRESENTS,That —..—..(the"Principal")and (the"Surety"), are held and firmly bound unto the Village of Buffalo Grove, an Illinois home-rule unit of government(the"Village"),the full and just sum of Dollars ($ )in lawful money of the UNITED STATES OF AMERICA as herein provided. THE CONDITION OF THIS OBLIGATION is such that the Principal and Surety agree to bind themselves,their successors,assigns, executors, heirs and administrators,jointly and severally, for the full and faithful performance of the Work as defined in that particular Painting 2019 contract between Principal and the Village dated_day of 20_, (hereinafter referred to as the "Contract"), a copy of which is attached and incorporated by reference as though fully set forth herein. NOW THE CONDITIONS OF THIS OBLIGATION ARE SUCH that if the said Principal (i) shall in all respects keep and perform all the undertakings, covenants, terms, conditions and agreements of the Contract; (ii) shall pay all sums of money due or to become due, for any labor, materials, apparatus, fixtures or equipment furnished for the Work provided in said Contract;and(iii)shall remove and replace any defects in workmanship or materials which may be apparent or may develop within the ARTICLE XIX — WARRANTY PERIOD of the Contract, then this obligation shall be null and void;otherwise it shall remain in full force and effect. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or the Work thereunder shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work. IN WITNESS WHEREOF,we have hereunto set our hands and sea___-day of ,20_. SURETY PRINCIPAL By: By: Name: Name: Title: Title: ATTEST ATTEST By: By: NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Departments most current list (Circular 570 as amended) and be authorized to transact business in the state where the Work is located. Painting 2019 16 CONTRACT EXHIBIT D - PARTIAL LIEN WAIVER PARTIAL LEM WAIVER STATE OF HIMAMS COUNTY OF TO WHOM TT MAY CONCEM WIMUMS the—&"goad has bean awbyed b! b f5msh 5er the premises known as of which is the THEmdwapiedL for and in wusideratim of )Duthie,and other 030d and Valuable consderations,the morq*whereof n hereby adwowladV4 do(es)hereby warm and zel� any and all lien or claim of,or right to,1ien,order the sbbies of the Star of Illmoisy relating In mecbmcs'liens,will respect to and m said poses,and the mIrvtemds thoecq and an the dial,Ewkmv!%aippaatus or machmay fished,and an d3e momen fords or other consdemficas doe or to became doe fr®the owner,an account of all labor,sages, malemk], fides, a15 1 or machinery, fumn1hed fo this date by the mda9gw d far the aboveAksmbed pceasser, INCLUD EXTR S* DATE COMPANY NAME ADDRESS SIGNATURE A15D TIME #EMM T I=M BtrrALENOT LUMM TO MUNGE GRUM&BUM ORAL AND W rMt TO THE COMMACr CON RACrOg S AFFIDAVIT STATE OF HIINOLS COUNTY OF TOWHOMHMAYOONCEM THEUNDEKSMG M,(NAME} BEING DULY SWORN DEPOSES AND SAYS THAT HE OR SHE IS(POS[TfON) OF (CDMPANYNAME) WILD IS THE COI.ITRACr0RFUKNlS1iING VAIRK ONTHE BUILLONG LOCATED AT OWNED BY That the infest amomf of the oo�act' eats*is S m vaha he or she has reo&-ed paymd of prior In this payment That aIlw>aces are true,omect and ga®e andaefiwwad mwon&hooany and that these g m claim�kept err egoibbie b defmt the calidiEy�'said That>ht foibwms are�e names and addresses of all parhes who ham fished ar de&s$ed m drnal ar ,bbor,or both,Sow saidwcak aud aM parties hirmgcoubacts ar sob o z*acb fa speodic portiam of saidwMk err far dial into the crostroctim thQeof and file doe ar to here:dw to each,and that the ifmE no-6-ed inrmde aU labor andmdenal requnad to said wdc aeoord Mg to plans and s NAIM AND M IFEMYOL °MMML"L-T� AMOUNT MM RArAME nam r:nAIr PAD PAYMENT DM TOTALLAHORAMDUATELIALIIR=EXNGFYMM070mom + Tbw there we m atber c fir saa.ort aw n&W.and tbw these is aothios due or to because doe to my pasoa roc matefia)y labor or other wodc of my bud dose ar In be done Won or in connection with said mark other than above swed DATE SICNATURE: SUBSCREM)AND SWORN TO BEFORE ME THIS DAY OF 'EXTRAS MCIM E BUT ABE NOT 1 DAM)TO CHANGE OBDEttS,BOTH GT AND SMTM TO THE CONTBACr NOTARY PUBLIC Painting 2019 17 CONTRACT EXHIBIT E- FINAL LIEN WAIVER FMU WAI[ER OF IJEN STATE OI+nlINM STY OF TO WHOM]T MAY OONC ERM WHEREAS Ow mdssignedhas Gem�pl ayedby to fi­ij;h far&e peeoises komon as of Mbick is the owner THE aadasigoed,£�zod in mosidaa5m of M 1 DoBars,and oHier good andvalnabie omidesaticas,the nsept whereas hereby admmle dlmk doles)hereby wz and n>imse amy and all lien ar claim a4 or right to,hm� the of the State&-Mnois,relafmg to uwlosks�lies,with reseed to and oa said above-de9mbed geise%and im i I , dMffeMM6 and m the m>-i-1, f-',—apparatus err madanery fi—shM and on the moneys,finds a other considuabms doe c r m beo®e due fiun&e ernes;an accaoot of aU labor se<vioes,msherial,f xtmm appazios err matey,hattAwe food or vdsichmay be fin"-datauytimehmea$erbythe Sor$eAom-Jmm-bedpremises,IlVCII.IMNGE3=A.S_e DATE C CWANYNANE ADDRESS SIGNALTURE AM MIX *M?TM INCLUDE BUT ARE NOTLILt=TO C-E"M 0RDMS,BOTH ORAL AMID WBITIf N TO TSB COMRACT CONTRACTOR'S AFFIDAVIT STATE OF UMMIS COUNTY OF TO WHOMTTMAYCONCERN_ THE UNIDO BEING DULY SWORN DEPOSES AM SAYS THAT HE OR SM IS(PMnON) OF 9MWAWNAME) WHO S THE CC@ MM"ORFURNIISIENG MIRK C N THE BUlIMMrx LOCATED AT OWLS BY That&e total amok of the cmhad exiass is$ onvdvich be ar sbe has nslived paym mt of $ prior to&i P That all wan, am tcme,cared and and delwered ad that these is no claim albs legal cr eeimizble to defisat the v ah&ty of said waaices That the fiAkiwing we he names and ad&vsm s of aR pities who have fwmdbed err dehmed m;kmal err labor,Q bath,far said wu&and A patties havmg omtrads err sob earls for specific potions of said wider ar for nuieml into the oomshodim tbaeaf and the amount doe ar to became doe to each,and that the*mz—whaned mclmde aIl lab w and—1 requned to complek sad wo&amooding io plans zod NAMES AND ADDRESSES WHAT FOR FKKM PAIL? PAYM EM DUE TOTAL LABOR AMID MATERIAL R4CLUDMG mnRAS• That these am no o&er aooirmis fir said wider aging,aadfhat throe is doe ar to berme doe to my person for mak nal,labw err ocher wuk of aey lomd dme cr to be dme mpm err m am&sad wa&c&w thm above stated_ DATE SIGNATURE- SUBSCRIBED AMID SWORN TO BEFORE ME TM DAY OF "E TlM INCLUDE HUT ARE MTLT3S M TO CHANM OM MS.WM ORAL AM WRITTEN.TO TM CIDWILACT NMARYPUBLIC Painting 2019 18