Removal of Asbestos Containing Popcorn Ceiling Oak Brook BT ClubVlLLAGE OF OAK BR00K
CONTRACT FOR THE
Fun Name ofContractor:lSIPAll Arolind Companyぐ `CO■
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Principa1 0鮨 ●I Addre88:370 55th Street,Clarendon Hin,,IllinOis 60514
Contact Peroo■:M●Tcln Swie2o,8ki,President Telephone Number:773,986‐3725
TO:Village ofOak Brookぐ 綺JJage")
1200 0ak BrOok Road
R議 認計」駐税"h Pubhc w∝
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Conl;rutor warrants and reBresents lhat Conlractor has
carcfully ewmined tlu Worh Site dcscribed below and
lw reviewed' ond undarstoad dll d,ocumenls inclu&d,
.refored
to, or mentiancd in this bound set of docuntents.
1. ll9ork
A. 0ontrapt and Work. Contractor acknowledges,
and agrees, that Contractor ehall, at ita eole cost and
expenge, provide, perform, and complete, in the manner
specifled and described, and upon the terme and
cqnditioae eet fort\, in this Contract' all of the following,
:Lll of which is herein referred to as the "Work":
I. Labor. Eouipment. Materials. and Suuplieg.
Provide, perform, and complete, in the
mannet specfied and deecribed in thie
Contract, all neceasary wor},, labor, services,
trunBportation, equipment, materiala,
eupplieg, inforuation, da[a, and other means
and iteme neooBeary for the Eemoval of
Asbestos Containing Popcorn Ceiling al, the
Oak Brook Bath & Tennie Club ae specified
in Exhibit A attached hereto, at, ihe Oak
Brook Bath & Tennis Club, 800 Oak Brook
Boad, Oak Brook, Illinois 60523 ("Worlt
8ile");
2. Perr.rite. The Village will furnish all
pormite, licenoes, and other govetnmental
approvala and authorizations necessary in
connection therewith;
Inslrrance. Procure and furnish insurance
ceriificates specified in thie Contt'act;
Taxee. Pay all applicable federal, state, and
loeal taxeer
5. Miscellaneoqs. Do all other thinge required
ofContractor by thie Contract; and
6. Qualiw. Provide, perform, and complete all
of the foregoiog in a prtper and workmanlike
manner, coneietent with the standards of
recognized professional firms in performing
Work of a eimilar nature, in full compliance
with, and as required by or puruuant, to this
Contract, and with ihe greateet econouty,
efficiency, and e:ryedition sonsietont
therewith, with only new, undamaged, and
first quality equipment, materials, and
supplies.
B.Performance StandardB.Contractor
acknowledges and agleee that all Work ehall be fully
provrded, perforned, and completed in amrdanoe with
the Statement of Work datod January 29,2019, attached
'hereto as Exhibit A.
C. Reeoonsibiliw &g-DssreCe_aJt-bg. Contractor
proposes, and agrees, that Contractor ehaD be
responsible and liable for, and ehall promptly and
without charge to Village repair or replace, any daroagp
done to, and any lose or injury suflered by, the Villege,
the Work, the Work Site, or other property or personi ag
a result of the Work.
3.
4.
ら
D, Ingoection/IegtioclRoiection. Village ehall have
the rigbt tn inapect all or any part of the Work and to
reie4t aU or any part of the Wo* that is, in Village's
judgment, tlefective or damaged or that in any way fails
to ooaf,orm strictly to the reguirements of this Contract
aa(l tbe Village, s,ithout lioiting its other rights or
renedies, may require correctioa or replacement at
C,otrtractor's co6t, perhrm or have performed all Work
necosgary to completo or corttsct all or any part of the
Work that is defective, damaged, or nonconforming and
charge Contractor with any excess cost incurred thereby,
or cancel all or any part of any order or thia ContrAet,
Wor! so &jected may be teturned or held at Contractor's
o$snse and risl.
il. Coatract Price
Contractor scknowledges and agrees that Contractor
shall take in full payment for all Work and other matters
set forth under Section I above, including overhead and
plofrl kre8, contributiong, and premiums; and
mmpensation to all suboontractor8 and suppliers, the
compenaEtion 8et forth below.
A SCHEDULEOFPBICES
For providing, perhrming' and completing all
Work, the total Contract Price of $6,E60.00
TOTAL CONTRACT PRICE (in writing):
Five Thoueand Eight Hundred and Fifty Dollars
Only
B. BASIS TOB DETERMINING PRICES
It ie expressly understood and aBreed that:
1. All prices statod in the Schedule of Prices
are 6rm and ehall not be subiect to
escalstion or change;
2. The Village is not subject to state or local
aales, use, and excise taxes' that no such
taxes ale included in the Schedule of Prices'
and that all claim or right to claim any
additional compeneation by reason ol' the
payment of any euch tax is hereby waived
and releasad;
3. All other applicable federal, state. and local
laxea of every kind and nature applicable to
the Work are included in the Schedule of
Prices.
C. TIME OT'PAYMENT
It is expreosly underttood and agreed that all
psymBnts shall be nade upon completion of ihe
work and final approval by the Village,
All payments may b€ subject to d€duction or. aetoff by reaeon of any failure of Contractor to
perform under this Contract. Each payment
shall include Contractoy's certification of thg
value of, and partial or frnal waivsrs of lien
covering, all lVorL for which payment is then
requested and Contractor's cortification thqt 8ll
prior payments have been pmperly applied to
the payment or reimbursement of the coota with
respect to which they were paid.
3. Coniraci Time
Contt'actor acknowledges and agreea tbat Contractor
ehall commence the WorL within I5 dayc (weatlrr'r
per?rlitaing) following the Village's acceptanco of thie
Contract provided Contractor shall have furniehed to the
Village all bonds and all insurance certficates specifed
in this Corrtract ("Corrt nencement Dcte"). Contr4ctor
further acknowledges and agrees that CoDtractor shsll
perform the Work diligently aod continuourly and shall
complete tbe Work not iater than Morch 81, 2010
("Time ol Perfonnance"). The Village may nodit the
Time of Performance at any time upon 16 days prior
written notice to the Contractor. Delays caueed by the
Village ehall extend the Time of Performance; provided,
however', that Contractor sball be responsible for
co$pletion of all Work within the Time of Performance,
notwithstanding any strike or other wor} atoppage by
employees ofeither Contractor or ofthe Village.
4. Financial Asturanoe
A. heuEnse. Contractor acknowledgee and agreee
that Oontractor ehall prcvide certilicates of inEuiance
evidencing t.he minimum ioeuranco coveragso and limita
set forth in Exhibit B within 10 days hllowing the
Village'B acceptance of thie Contract. Such policies rlall
be in form, and from companies, acceptable to the
Village. The insurance coverages aod limite ret forth
Exhibit B ohall be deemed to be minimum covetagBs and
limits and shall not be construed in any way ao a
limitation on Contractol'8 duty to carry aalequate
insurance or on Conttactor's liabitity for loesee or
damages under this Contract. The minimum irtsurance
coverages and limits that shall be maintained at all
time8 while providing, performing, or completing the
Wort are ae set forth in Exhibit B.
B. lndemnification. Contractor acknowledgoa rnd
agreee that Contractor shall indemnify and eave
haruless the Yillage its ofEcers, offrcials, employeas and
volunteers, against all damagos, liability, claims, losres,
and expenses (including attorneys' fee) that may arise, or
be alleged to have atiB€n, out of or in connection with
CoDtlactor''B perforrnance of, or failure to perforr, the
Work or any part thereof, or any frilure to meei the
fir*r"rTlrt:T*
and wananties Bot forth in "-t)
D. Pjrnaltigs. Contractol acknowledges and agreea
that Contractor ehall be solely liable fot any fines or civil
oenalties that are imposed by any governmental or
ouaai-sov€rnmental agency or body that lnay ariae, or be
,tt"""d to have arieen, out of or in connection with
Con-tractor'e performance ol or failure to perform, the
Work or any part thereof.
6. Firo Prooogal
All prices and other term6 stated in this Contract are
firo and shall not be subieci to withdraQal, escalation,
or cbange,
6. Contraotor'BBerrrcaentttiors arrdWarraaties
ln order to induce the Village to accept this Contract
Contractor hereby represents and warrants as followsr
A. The Work. The Work, anil all of ite comporents'
shall strictly conlorm to the requircments of thie
Contract, including, without limitation, the pelformance
standardg eet forth in Subsection 18 of this Contract;
and shall be fit, sufiicient, and suitable for the purposes
emrssged in. or reaaonably inferred from, this Contract
ani the warrantier expreesed herein ehall be in addition
io ady oth€r warranties expreased or implied by law'
whicli are heruby reserveil unto the Village'
B. Compliance with Laws The Work' and all of ite
"orporfrGJEll b" p-vided, performed' and completed
in "o-pti""o with, and Contractor agreoE to be bound
bv, all'applicable federal, state, and local laws' orders'
^i"., ""i regulatione, aa they may be modified or
arnsnded from time to time, including without limitstion'
if aoolicable, the Prevailing Wage Act' 820 ILCS
lBUirbl d geg.; any other prevailing wage laws; any
at"t"t"" *q"i"i"g ireferenco to laborers of specfied
"1"."u";
arry-.t"tuiei pmhibiting diecrimination becauee
oi, oi t"qritlog afirmative sction based on' race' creed'
*to", nrtionui origin' age, sex, or other prohibitsd
cl"asifi""tion: and any etatutes regarding safety or -th-ei"ii"*.un.u of the foork. Further, Contractor shall
iave a written sexual harassment pohcy in cornpliance
with Section 2-105 of the Illinois Human Righls Act
during the course of the work'
C. Not Barred. Contractor ie not barred by law
1"o. "onliiting *ith the Village or witb any ot'her unit
of state or local government as a result of (i) a
delinouencv in the paymenl' of any tax adminietered by
ihe ttiinoi" O"p"ttment of Revenue unless Contractor rs
"o"r""t-g, i; accordance with the procedures
establi8hid by the sppropriate Revenue Act, itS liability
iii tf," tut oithe amount of tax' as set fonh in 65 ILCS
6/11-42.1-l; ot (ii) a violation of eit'her Seclion 338-B or
Section g3E-l ofi\rticle 33 ofthe Criminal Code of 196l'
?20ILCS 6/33E- 1 q! g!q.
D. Qualified. Contractor hae the requioite
experience, ability, capital, hcilities, plant, organization,
and sta$ to enable Contracior ta perform the Work
succeesfully and prornptly and to conmence qnd
complete the Work within the Contract Prica and
Contract 'l'ime get forih above.
7. Acknowledceruents
In Bubmitting this Contract, Cortrador
acknowledges and agress that:
A. Reliance. The Village ie relying on all
rearranties, representations, and stat€ments made by
Contractor in this ContracJ.
B. Acceolance. If this Contract ig accepted,
Contractor shall be bound by each and evet, torn,
conditi<.rn, or provieion contained iD this Contract.
C. Bege&cg. Each of the rights and remodies
reserved to the Village in thig Contr.ct thall b€
cumulative and additional to any other or further
reoedies provided in law or equity or in this Contract.
D. 'l'ime. Time is of the eaaerrce in tbe performance
of all terms and provisions of thia Contract and, ercept
where stated otherwise references in ihis Conttact to
daye shall be construed to refer to calendar daye and
time.
E. No '['aiver. No examination, inspection,
inveotigation, te8t, mea8ur€ment, review, detcrmination'
deeieion, eertificate, or approval by the Village, whether
before or aftel the Village's acceptance of thie Contract;
nor any information or data supplied by the ViIIage,
whether before or after the Village'e acceptance of thie
Contract; nor any order by the Village for the palmont of
money; nor any paynent for, or use, pooseasio4, -or,""upitn"" ol, the whole or any parl of the WorL- -ba the
Village; nor an1' extension of time granted by the Villagc;
nor any delay by the Village in exercieing any ri€it
under tiis Contracl.; nor any other act or omi8sion of the
Village shall constitute or be deemed to be an accoPtance
of any defective, damaged, or nonconforming Work, nor
op""it" to waive or otherwise diminish the efrect of any
representation or warraDty mad€ by Cqntfactor; ot of
any requirement or prcvbion of thiE Contract; or of nny
remedy. porver, or right ofthe Village.
F. Severabilitv. lt ie hereby expressed to b') the
intent of the pa ies to this Contraci that ehould any
provision, coYonant, agteement, or portion of this
bontract or iB application lo any Person or property be
held invalitl by a court of competent jurisdictioq tbe
remaining provisions of this Contract anil the validity,
eoforceabitity, arrd gpplication to any Petgon or propgtty
shall rrot ba impaired tbereby, but the remaining
provisions shall be int€rpretcd, applied, and enforcod eo
as to achieve. aa near aa may be, ihe purpose aDd intont3
of Chia Contract to the grcatest oxtent permitted by
applicable law.
G. Amen4ments and Modifications. No amendment
or modification to this Contract ehall be effective until it
ie reduced to writing and approved and executed by the
eot?orste authoritiee of the parties in accordance with all
applicable statutory procedures.
H. Agsignlpent. Neither this Contract, nor any
interset herein, shall be aasigned or subcontracted, in
whole or in part, by Contractor except upon the prior
written consent of the Village.
I. Governins Law: Venue. This Contract. ehall be
governed by, construed and enforced in accordance with
the internal laws, but not the conllicte of laws rules, of
the State of lllinoie. Venue for any action arising out of
or due to this Contract ghall be in the Circuit Court for
DuPage County, Illinois.
J. C;ertified Pavrolle. Contractor shall, in
accordance with Section 5 of the lllinois Prevailing Wage
Act, 820 ILCS f30i5, gubmit to the Village, on a monthly
basis, a certified payroll, if applicable. The certified
payroll shall consiet of a complete copy of those records
required to be made and kep[ by the Prevailing Wage
Act. The certified payroll shall be accompanied by a
statement signed by the Contractor or subcontractor
which certifieE that: (l) such records are true and
accurate; (2) the hourly rate paid is not les8, if
applicable, than the general prevailing rate of hourly
wages required by the Prevailing Wage Act; and (3)
Contractor or subcontractor ie aware thai, hling a
certified payroll that he or she knows to be false is a
Class B misdemeanor. A general contractor rnay rely
upon tho certification of a lower tier subcorrtracLor,
provided that the general contractor does not knowingly
roly upon a subcontractor's false certification. Upon two
bueiness days'notice, Contraetor and eaeh eubcontractor
shall make available for inspection the records reguired
to be made and kept by the Act: (i) to the \rillage, its
officers and agente, and to the Director of the Illinois
Department of l,abor and his or hers deputies and
agent8; and (li)at all rea80nablo hOurs at a 10cation
within this State,
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L.Exhibite and Other Agl・ eements.r any contict e対 813
between this Agreement and any exhibit attached hereto
or any other Agreement between the partiee relattng to
this transaction, the tem8 0f this Agreement shall
prevail.
M、No Disclosurc of COnidential lnformation bv the
Consultant. The Consultant acknowledges that it
shall,in performing the Ser宙 ces for the Village under
tlis Agreement, have access, or be directly or
indirectly exposed,to COnfidential lnfOュ Щatlont The
Consultant shall hold cOnfldential all Conndential
information and shau not ぬ3dOSe Or use suOh
Confldential information without the expre88 priOr
w五 tten consent of the Vinage. The consultant ehall
use reasonable measure3 at least as strict as thOge the
Consultant uses to protect its own ∞nfidential
infOrmation.Such measures shall include,without
limitation,requlring employees and subcontractor8 of
the Consultant to oxecute a non‐disc108ure agreement
befiDre obtaining access to Confldential lnformatlon.t4
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EXIIBrr B
rrNsIIRAⅣcE REQIIIREMEⅣrs,
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 requrred by
this exhibit.
Each contractor performrng 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 I of Chapter 8 of the Code of Ordinances of
the Village of Oak Brook (hereinafter referred to as "Insured") shall be required to carry such insurance as
specified herein. Such contractor and permittee shall procure and maintain for the duration of the contract or
permit insurance against claims for injuries to persons or damages to property which may arise from or in
connection with the performance of the work under the contract or permit, either by the contractor, permittee, or
their agents, representatives, employees or subcontractors.
A contractor or permittee shall maintain insurance with limits no less than:
A. General Liability - $2,000,000 combined single limit per occurrence for bodily injurv, personal injury and
property damage;
B. Automobile Liability (if applicable) - $1,000,000 combined single )imit 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 admirustration 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:
General Liability and Automobile Liability Coverage -
(l)The Village, its offrcers, officials, employees and volunteers are to be covered as additional insureds as
respects: liabiJity 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 [mitations on the scope of
protection afforded to the Village, its officers, offrcials, 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.
Worker's Compensation and Employer's Liabfity Coverage
The policy shall waive all rights of subrogation against the Village, its officers, offrcials, employees,
D.
E.
volunteers and agents for losses arising from work performed by the insured for the Village.
Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled by either
party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail has
been given to the Village. Each rnsurance policy shall name the Village, its officers, ofEcials 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 shali furnish the Village with certificates of insurance and with origrnal 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