BT Generator Fence Installation ProjectVILLAGE OF OAK BROOK
contact Pereon: Ken Kolar Telephone Number: (z0s) 547-zbg0
Village of Oak Brook ("Village")
1200 Oak Brook Road
Oak Brook, Illinois
Attention: Doug Patchin, Public Works Director
Contractor warrants and represents that Contractor has
carefully examined the Work Site described below and,
has reuiewed and understood all documents included,
referred to, or mentioned in this bound set of d.ocuments.
l. Work
A. Contract and Work. Contractor acknowledges,
and agrees, that Contractor shall, at its sole cost and
expense, provide, perform, and complete, in the manner
specified and described, and upon the terms and
conditions set forth, in this Contract, all of the following,
all of which is herein referred to as the,,Work,,:
1. .
Provide, perform, and complete, in the
manner specified and described in this
Contract, all necessary work, labor, Bervices,transportation, equipment, materials,
supplies, information, data, and other means
and items necessary for the Oak Brook Bath
& Tennis Club Generator Fence Installation
Project as specified in Exhibit A attached
hereto, at the Oak Brook Bath & Tennis, 700
Oak Brook Road, Oak Brook, Illinois 60b28(Worh Site");
2. Permits. The Village will furnish allpermits, licenses, and other governmental
approvals and authorizations necessary in
connection therewith;
3. Insurance. Procure and furnish insurance
certificates specified in this Contrach
4. Taxes. Pay all applicable federal, state, and
local taxes;
5. Miscellaneous. Do all other things required
ofContractor by this Contract; and
6. Quality. Provide, perform, and complete all
of the foregoing in a proper and workmanlike
manner, consistent with the standards of
recognized professional firms in performing
Work of a similar nature, in full compliance
with, and as required by or pursuant, to this
Contract, and with the greatest economy,efficiency, and expedition consistent
therewith, with only new, undamaged, andfirst quality equipment, materials, and
supplies.
B. Performance Standards.Contractor
acknowledgee and agrees that all Work shall be fullyprovided, performed, and completed in accordance withthe Proposal dated May 20, 2019, attached hereto asExhibit A.
C. Responsibilitv for Damaee or Loss. Contractorproposes, and agrees, that Contractor shall berp,sponsible and liable for, and shall promptly andwithout charge to Village repair or replace, any damage
done to, and any loss or injury sufferld by, the Villag-e,
the Work, the Work Site, or other property or persons as
a result of the Work.
TO:
,n" .1;niTffifiiT:ffffi ",,#ui"lH:reJect all or any part of the Work that is, in Villaeelijudgment. defective or damaged "" ,fr"i i.l_ *rriliiro conrorm stncuy to the requirements of this Co;tractand the Village, without limiting i" "ifr".-"[f,i, *
:"-T:d*:, .may require correction ". ."pi;;;i;; ;;uonrraclor's cost, perform or have performed all Work
-l9ce-esary to complete or correct all or any pr"t of it"Work that is defective, damaged, ," ,""""ifJ".i* ".jcharge Contractor with any eiess cost incurred therehvo,r cancel all or-any part of any ""d". "" thi; C;;;;;,,.worK so reJected may be returned or held at Contractor,sexpense and risk.
2. Contract Price
. -Contractor acknowledges and agrees that Contractorshall tale in.full paymentlor all Wo-rk and oth;;;;;;;;set Jorth under Section I above. including """;il;;;-;;;proDt: taxes, contributions, and premiums; anJcompensation to all subcontractors anrl suppliers, thecompensation set forth below.
A. SCHEDULE OF PRICES
For.providing, performing, and completing allWork, the total Contract price ofgz,gtiO.OO ' -"
TOTAL CONTRACT pRICE (in writing):
All payments may be subject to deduction orsetoff by reason of any failure "f i;;;;; ;;perform under this Contract. E""h ;;;;;;;shall include Contractor,s c"rtifi"atiori oi ii"value. o{ and partial o. nn"t *riu"i" of iluncoveriag, all Work for which puyrn""t ir- tirJnrequested and Contractor,s
""riin."tion ttrt
"Uprior payments have been p"op".ly u;;ii;;;;the payment or reimbursement of tfre costs wittrrespect to which they were paid.
'3. ' Contract TiEe
, ,Contractor ack-nowledges and agrees that Contractorsnau commence the Work within ,5 doya (weathirpennitting) followrng the Village,s "."";i;r;;;;";;i"uontract provided Contractor shall have fu""ist ea-ioii;Village all bonds and all insurance
"""tin"at"s sf"clneiin this Contract (,,Connencement Date,,). C"rit.".i".
lrtler igtnlytgdges and agrees that Cort...;;;;;;jlperrorm the Work diligently and continuously and shalico-mplere rhe Work nor larer rhan l"U il, ibi'iil'^'"of P,erfonnanee"), The Village may modifo the Time ofrelormance at any time upon lE days prior writtennotice to the Contractor. Delays caused by tte Vila"fshall extend the Time of -pe.fo.m"#: -;fi::'
however, that Contractor "h"ll b";;;;;";D#;;completion of aU Work within rhe Tir" "i F;;i;;;;r"".notwithstandjng any strike or other work ,"r;;;;employees ofeither Contracror or ofth" Viilr;;."-"' ",
4. Financial Assurance
- A. Insurance. Contractor acknowledges and agreesthat Contractor shall provide certificates- of in"r;;;;euoenclng the minimum ineurance coverage8 and limits
::1. forrh in Exhibit B within ro a"y" -fottorvinf-il-e
Village's acceptance of this Contract. Si .f, pJ"i""ii"i]
b-e.. in form. and &om companies, u"""pi"ui"--io-'ii"Village. _ The ineurance
"or""ug"" and limits set forthExhibrt B ehall be deeued to be minimum .rr".r;;r;;;limits and shall not be construed i, ".y ;;;;;-;limitation on Contractor's duty to carry adeouateinsurance or on Contracto.," iiubility r"i r"."r',r
-""
damages under this Contract. The miUmum i;;;;;";;coveragea and limits that shall be m"i"tainea "i "itime€ while providing, performing, o, "ornpl"ting ti"Work are as set forth in dxhibit B.
B. I4demnification. Contractor acknowledges andagrees that Contractor shall indemnil! ""e
-;;
-l1J-1""" the Village its officers. olEcials, ".p[y"", ".ivorunteer€}. against all damages, liability, claims, losses.
:lo:,xpe1ses (including attorneys'fee) that may arise, oroe aueged.to have arisen. out ofor in connection wil,huo-n-tractor'B performance of, or failure to p""for., iheyvorK or any part thereof. or any failure to meet therepreeentations and warranties set forth in S""6o; 6;ithis Contract.
Seven Thousand Nine Hundred and EightyDollars Only
B. BASIS FOR DETERMINING PRICES
It is expressly understood and agreed that:
l. All pricee stat€d in the Schedule of pricesare firm and shall not be subject ioescalation or change;
2. The Village is not subject to state or localaates. use, and excise taxes, that no suchtaxea are included in the Schedule of prices,
and that all claim or right to ctai_ .nladditional compensation Uy ,ur"o, of it!payment of any such tax is hereby waivedand released;
3. All other applicable federal, state, and localtaxes of every kind and nature applicable tothe Work are included in the S;hedule ;fPrices.
C. TIME OF PAYMENT
It is expressly understood and agreed that allpayments
_sha_ll be made upon completion of thework and trnat approval by the Village.2
D. Penalties. Contractor acknowledges and agreesthat Contractor shall be solely liable for any firres or-civilpenalties that are imposed by any governmental orquasi-governmental agency or body thaimay arise, or bealleged to have arisen, out of or in connection withContractor's performance o{ or failure to perform, theWork or any part thereof.
5. Firm Proposal
AII prices and other terms stated in this Contract arefirm and shall not be subject to withdrawal, escalation,or change.
6.
In order to induce the Village to accept this Contract,Contractor hereby represents and warrants as follows:
A The Work. The Work, and all of its components,shall strictly conform to the requirements of thisContract, including, without limitation, the performance
standards set forth in Subsection lB of this Contracqand shall be fit, sufficient, and suitable for the pr',"por".
expressed in, or reasonably inferred from, this bontractand the wananties expressed herein shall be in additionto any other warranties expressed or implied by law,which are hereby reserved unto the Village.
B. Compliance with Laws. The Work, and all of itscomponents, shall be provided, performed, and completedin compliance with, and Contractor agrees to be Loundby, all applicable federal, state, and i-ocal laws, orders,rules, and regulations, as they may be modified oramended from time to time, including without limitation,if applicable, the prevailing Wate Act, 8ZO ILCS130/0.01 et seq.; any other prevailing wage laws; anystatutes requiring preference to laborers of specifiei
classes; any statutes prohibiting discrimination Lecauseof, or requiring affirmative action based on, race, creed,color,^national origin, aBe, sex, or other prohibited
classification; and any statutes regarding safety or theperformance of the Work. Further, Cintractor shallhave a written sexual harassment policy in compliancewith Section 2-105 of the Illinois-Human Rights Actduring the course ofthe work.
^ C. Not Barred. Contractor is not barred by lawfr-om contracting with the Village or with any other unitof. state or local government as u ""rrlt of (i) adclin-quency in the payment of any tax administerJ bythe Illinois Department of Revenue unress contractor iscontesting, in accordance with the procedures
established by the appropriate Revenue Act, its liabilityfor the tax or the amount of tax, as set forth in 6E ILCS5^lll-42.1-l; or (ii) a violation of either Section BBE-B orSection 338-4 of Article 38 of the Criminal Code of 1961,720ILCS 5/33E-1 et seq.
D. Qualified. Contractor has the requisiteelperience, ability, cap_ital, facilities, plant, organization,and staff to enable Contractor to perform the Worksuccessfully and promptly and t; commence andcomplete the Work within the Contract price andContract Time set forth above.
7. AckuowledEements
. In - _submitting this Contract, Contractoracknowledges and agrees that:
A. Reliance. The Village is relying onwarranties, representations, and statements madeContractor in this Contract.
^ B. Acceptance. If this Contract is accepted,Contractor shall be bound by each and every term,condition, or provision contained in this Contract.
C. Eemedies. Each of the rights and remediesreserved to the Village in this bontract shall becumulative and additional to any other or furtherremedies provided in law or equity or in this Contract.
f , .l Time. Time is of the essence in the performance
of all terms and provisions of thie Contract and, exceptwhere stated otherwise references in this Contract iodays shall be construed to refer to calendar days andtime.
. E. No Waiver. No examination, inspection,investigation, test, measurement, review, determination,
decision, certificate, or approval by the Vill"g", whetherbefore or after the Village,s ""."pi"n." of this Contract;nor any information- or data supplied by the Village,whether before or after the Village,e acceptance of thisContract; nor any order by the Village for the payment ofmoney; nor any payment for, or use, possession, oracceptance of, the whole or any part of thl Work by theVillage; nor any extension of time granted by the Viilage;nor- any delay by the Village in exercising arry ,igii
_r_rr-qe. this Contract; nor any other act or omission of theVillage shall constitute or be deemed to be an acceptanceof any defective, damaged, or nonconforming Work, noroperate to waive or otherwise diminish the effect oi u.ryrepresentation or warranty made by Contractor; or ofany requirement or provision of this Contract; or of anyremedy, power, or right of the Village.
. F. $everabilitv. It is hereby expressed to be theintent of the parties to this Contracf that should anyprovision, covenant, agreement, or portion of this
po-njr.act or its application to any person or property beheld invalid by a court of competent jurisdiction, theremaining provisions of this Contract and the validity,enforceability, and applination to any person or propertyshall not be impaired thereby, iut the remainingprovisions shall be interpreted, applied, and enforced sJas to achieve, as near as may be, the purpose and intent3
of thiE Contract to the greatest extent permitted by
applicable law.
G. Amendments and Modifications. No amendment
or modifrcation to this Contract shall be effective until it
is reduced to writing and approved and executed by the
corporate authorities ofthe parties in accordance with all
applicable statutory procedures.
H. Assienment. Neither this Contract, nor any
interest herein, shall be aseigned or subcontracted, in
whole or in part, by Contractor except upon the prior
written consent of the Village.
I. Governing Law: Venue. This Contract shall be
governed by, construed and enforced in accordance with
the internal laws, but not the conflicts of laws rules, of
the State of Illinois. Venue for any action arising out of
or due to this Contract shall be in the Circuit Court for
DuPage County, Illinois.
J. Certified Pavrolls. Contractor shall, in
accordance with Section 5 of the Illinois Prevailing Wage
Act, 820 ILCS 130/5, submit to the Village, on a monthly
basis, a certified payroll, if applicable. The certified
payroll shall consist of a complete copy of those records
required to be made and kept by the Prevailing Wage
Act. The certifred payroll shall be accompanied by a
statement signed by the Contractor or eubcontractor
which certifies that: (l) such records are true and
accurate; (2) the hourly rate paid is not lees, if
applicable, than the general prevailing rate of hourly
wages required by the Prevailing Wage Act; and (B)
Contractor or subcontractor is aware that filing a
certified payroll that he or she knows to be false is a
Class B misdemeanor. A general contractor may rely
upon the ceftifrcation of a lower tier Bubcontractor,
provided that the general contractor does not knowingly
rely upon a subcontractor's false certification, Upon two
business days' notice, Contractor and each subcontractor
shall make available for inspection the records required
to be made and kept by the Act: (i) to the Village, its
officers and agents, and to the Director of the Illinois
Department of Labor and his or hers deputies and
agents; and (ii) at all reasonable hours at a location
within this State.
K. Conflicts of Interest. Contractor represents and
certifres that, to the best of it8 knowledge, (l) no electedor appointed Village official, employee or agent has apersonal financial interest in the business of the
Contractor or in this Agreement, or has personally
received payment or other consideration for this
Agreement; (2) as of the date of this Agreement, neither
Contractor nor any person employed or associated with
Contractor has any interest that would conflict in any
manner or degree with the performance of the
obligations under this Agreement; and (3) neither
Contractor nor any person employed by or associated
with Contractor shall at any time during the term of this
Agreement obtain or acquire any interest that would
conflict in any manner or degree with the performance of
the obligations under this Agreement.
L. Exhibite and Other Aereements. If any conflict exists
between this Agreement and any exhibit attached hereto
or any other Agreement between the parties relating tothis transaction, the terms of this Agreement ehall
prevail.
M. No Disclosure of Confidential Information bv the
Consultant. The Consultant acknowledges that it
shall, in performing the Servicee for the Village underthis Agreement, have access, or be directly or
indirectly exposed, to Confidential Information. The
Consultant shall hold confidential all Confidential
Information and shall not disclose or use Buch
Confidentral Information without the express prior
written coneent of the Village. The Consultant shall
use reasonable meaaures at lea8t as strict as those the
Consultant usee to prot€ct its own confidential
information. Such meaeures shall lnclude, without
limitation, requiring employees and subcontractors of
the Coneultant to execute a non-discloeure agreement
before obtaining acceee to Confrdential Information.4
l滞 事湖単黎l嚇 :驚 嵐∥FATT「
VH″菫`AGE OF OAK
nt u■に1わ Jは ,rporatおn BROoК , an ll〕jメ ぅ。is
ATTES F:RST FENCE,INC.
By8 :II.I
GTOZ ,Oz AVN oZ,TVo Tvsodoud)
V IISIHXq9
First Fence Inc.
Family owned and operated since lggg
Matt
PRoposAL suaurreEro:
of Oak Brook
STREET
1200 0ak
crw, STATE, lro zp cooe
to install approx. 105.6.. of foot tall solid wood fence.
1 " x 6" x 8'western red cedar
Number of faits and size Four 2.Ix 40 WRC rai:s.
20a∥we:ded frames with so:id
to be done see below.
of survey provided by others.reseen buried obstructions such as rough fill, concrete, brick ect. that addw{l be a additional charqe.
3" DQ 4O Gate posts.
Postmastcr
to turnish materiat and tabor in a""ora"*"iiif,lEiG for the sum of >>>
PAYMENttTO BE MADE AS FOLLOWs:
Note: this proposal may be withdrawn by us if not accepted within ( 7( 7 ) days of the above proposat Date.ヽ ア~~′~~ ｀・'v‐‐v▼し: :vν VO口:υ alじ
:器 露紺I`l奮 耀i思 郡:l器1路 Tel°Ca.。nd訥 O meup"鰤 卑置欝蹴幣:T=里「鼎智型:型 堕,Fryttp"Vab∽Ы“,b hdude spln∥Os"0ぃ,,,中 q Sepuc ndd、9as∥n“,9前 s,∥ぃ0`9,湿 F:RST FENCEINC to ca∥」ulLE or DIGGER as n∞dedUnbЮs∞nm"d Obstru輛 Ois ttch¨Юtth側 ,∞∝dQ」言よ苗襦L』L獅 照亜恥 墨軍Ⅲa・ a lL,2r型 留,。1",hereby agree that h he evem of dOfautt h he pavrrlen of anv arrnm,“瞼Ana rぉ 。ヒ郡ギ写驚l計 黒:ヽ 蝙 」艘:満 11:湮 Ⅲ』画:蕊 蔦癬:蘇 ililili繊 撮雌:秘 :駆 暇 域冨露。aぶ りぉr醐 ゎ“¨胤譜Ъl:靴 鰍服淵「臨憾露i蕊 漱W,職 壼巌憔∬型i:Л :酬 躙f躍 鷺出諸臨薔柵 留:搬 lm錦鳳transa“ons Alpad due accoun“晰∥beぬ :r“『jふ :7:III貌
=結
'こ 1翻『縄赫」L嵩 肥
Signature:
Th6 above prices, spqcificatons, and conditions You are aulho開 20d to do th,w●7k as spoO輌 Od 嗜 ∥be made ouuined above.
EXIIBfrB
rrNSRANCE REQι 7REMEⅣT,
Cert■ca"sぽ hswan∝sha■be presenttdめ 施Ⅷ掛H轟 駄麗犠胤 農:品 tiま 洲:∬∬乳誌糊thslhlbit「
°r‐untll it prO、ndes and rece市 es acceptanc
驚欄 :辮 鱗 織 I椀 :棚 憔儡 FT茸 熙 鱗難掛1擬 盤 墾1欄 露拙 職蠍 棚 憫離:驚I巌鷲∬∥∬IttI蝋 ∥litsnoletth=
A Gellョ
:七 普出ま
け ‐$20°QCX10 comblned 81ngle hmlt per Occurrence fOr bOd」y mJШ y,personal lnJШ y and
B AutomOblle hab逝 ty(lf apphcablel‐sl,000,000 cOlnbined single hmit per accident fOr bOdlly inJtt andproperty damage;
° 鵬よ3'龍 暇:″:『忠露1淑 螺機縄督為棚 1謡 鵠器誌露爛潟肝eqttd by tt Lab∝
輔憾鱗締暮1∫憾鸞鵜灘鞘#:輔
The poLcies sha■conta■n,Or be endOrsed uD OOntain,the fOl10whg prOvlsiOns:
D General■iab■ty and AutOmob■e hab■ty・ COverage・
(1〉The v」lage,its ottcers,0伍 cials,employees and
respects:hab■ty・ arising Out Of actl宙 ties po
occupied or used by the lnsured The cOvel
pro"ct10n a」orded tO the v」age,its Omcersい
鷺 酬鮮1lL螂 聾l層『讃手L鵬 鼎
(3)Att fallure tO∞IIlply with reportlng prO宙 siOns Of the poLcles shal not a」ect∞verage prO宙 ded tO theVilage,its Offlcers,。伍 cials,emp10yees,vOlun∞ers Or agents
④Theぶ
I懺 ぶ 縄 itttlll聟 Icil穏 嘱 縄 F胤 l闇 :富 frnttWhOmddmね made∝
E WOrker's COmpensat10n and Elnp10yer's hab■ty cOverage
The pOlicy shall waive a■Hghヽ Of subrOgat10n against the Vmage,its Ofrlcers,olEcials,elllllployees,
volunteers and agents for losses arising from work performed by the inswed for the village.
Each insurance policy shall be endorsed to Btate that coverage shall not be suspended, voided, canceled by eitherpartv' reduced in coverage or in [mits "*""pt-rftu. ;h-.;?;,rj davs prior *;il;;;rt"" l; irtified mai] hasbeen siven to the village. Each insur.ance poti"y "tuu rir.1-ih" vilj";, il';ffi;,;f#ir[ and employees,
I"""'Jl*:iiiir*ents as additional rnsureds. r"l*r""'il a*n" pracecr
-with -";;;" ;;th";;st,s ratins of no
Each Insured shall furnish the Jinaqe with certiicates of insurance arrd with original endorsements effectingcoverage required by this provision. The certificate arra enaoisements for each insr.irance oorro ur" to be signedbv a person authorized bv thar insurcr r" bi"; ;;;;;;;;;:t"leharf. The certificat€s and eniorsements are robe on forms approved by the virag" ara "r,.ri u"-"""rr""t?" ,pp-.,rt by the Vllage Attorney before work
liTfiTfrl. The village resewes the risht to req"ru "o-pi"t", "".iifi"d *piu. oiau "Jiiir"i"J"*rr,"" poti"i"",
Each insured shall rnclude all subcontractors as insureds under its policies or shall fu-rnish separate certificatee:1ffiff;:U[.t;Xfl subcontractor Ax;"-";;;i;; ";;;;;;;';;il;"i'.'r,i,1", to a, or the8