St Pascal and 35th Street Guard Rail Installation ProjectVILLAGE OF OAK BROOK
CONTRACT FOR THE
ST. PASCAL AND 35TH STREET GUARD RAIL INSTALLATION PROJECT
Full Name of Contractor: Peerless Fence ("Contractor")
Principal Office Address: 33 W 401 Roosevelt Road, West Chicago, Illinois 60185
Contact Person: Tim Ford, Commercial Sales Telephone Number: (630) 584-7710
TO: Village of Oak Brook ("Village")
1200 Oak Brook Road
Oak Brook, Illinois
Attention: Lee Hammer, Street Maintenance Supervisor
Contractor warrants and represents that Contractor has carefully
examined the Work Site described below and has reviewed and
understood all documents included, referred to, or mentioned in
this bound set of documents.
1. Work
A. Contract and Work. Contractor acknowledges, and
agrees, that Contractor shall, at its sole cost and expense, provide,
perform, and complete, in the manner specified and described,
and upon the terms and conditions set forth, in this Contract, all
of the following, all of which is herein referred to as the "Work":
Labor, Equipment, Materials, and Supplies.
Provide, perform, and complete, in the manner
specified and described in this Contract, all
necessary work, labor, services, transportation,
equipment, materials, supplies, information, data,
and other means and items necessary for the Guard
Rail Installation Project, as specified in Exhibit A
attached hereto, in Oak Brook, Illinois 60523
("Work Site");
2. Permits. The Village will furnish all permits,
licenses, and other governmental approvals and
authorizations necessary in connection therewith;
3. Insurance. Procure and furnish insurance
certificates specified in this Contract;
4. Taxes. Pay all applicable federal, state, and local
taxes;
5. Miscellaneous. Do all other things required of
Contractor 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, and first
quality equipment, materials, and supplies.
B. Performance Standards. Contractor acknowledges and
agrees that all Work shall be fully provided, performed, and
completed in accordance with the proposal dated August 28,
2017, attached hereto as Exhibit A.
C. Responsibility for Damage or Loss. Contractor
proposes, and agrees, that Contractor shall be responsible and
liable for, and shall promptly and without charge to Village repair
or replace, any damage done to, and any loss or injury suffered
by, the Village, the Work, the Work Site, or other property or
persons as a result of the Work.
D. Inspection/TestinWRejection. Village shall have the
right to inspect all or any part of the Work and to reject all or any
part of the Work that is, in Village's judgment, defective or
damaged or that in any way fails to conform strictly to the
requirements of this Contract and the Village, without limiting its
other rights or remedies, may require correction or replacement at
Contractor's cost, perform or have performed all Work necessary
to complete or correct 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 this Contract. Work so rejected may be returned or
held at Contractor's expense and risk.
2. Contract Price
Contractor acknowledges and agrees that Contractor shall
take in full payment for all Work and other matters set forth under
Section I above, including overhead and profit; taxes,
contributions, and premiums; and compensation to all
subcontractors and suppliers, the compensation set forth below.
A. SCHEDULE OF PRICES
For providing, performing, and completing all Work, the
total Contract Price of $1,961.00
TOTAL CONTRACT PRICE (in writing):
One Thousand Nine Hundred and Sixty One Dollars
B. BASIS FOR DETERMINING PRICES
It is expressly understood and agreed that:
1. All prices stated in the Schedule of Prices are firm
and shall not be subject to escalation or change;
2. The Village is not subject to state or local sales,
use, and excise taxes, that no such taxes are
included in the Schedule of Prices, and that all
claim or right to claim any additional compensation
by reason of the payment of any such tax is hereby
waived and released;
3. All other applicable federal, state, and local taxes of
every kind and nature applicable to the Work are
included in the Schedule of Prices.
C. TIME OF PAYMENT
It is expressly understood and agreed that all payments
shall be made upon completion of the work and final
approval by the Village.
All payments may be subject to deduction or setoff by
reason of any failure of Contractor to perform under this
Contract. Each payment shall include Contractor's
certification of the value of, and partial or final waivers
of lien covering, all Work for which payment is then
requested and Contractor's certification that all prior
payments have been properly applied to the payment or
reimbursement of the costs with respect to which they
were paid.
3. Contract Time
Contractor acknowledges and agrees that Contractor shall
commence the Work within 15 days following the Village's
acceptance of this Contract provided Contractor shall have
furnished to the Village all bonds and all insurance certificates
specified in this Contract ("Commencement Date"). Contractor
further acknowledges and agrees that Contractor shall perform the
Work diligently and continuously and shall complete the Work
not later than December 31, 2017 ("Time of Performance"). The
Village may modify the Time of Performance at any time upon 15
days prior written notice to the Contractor. Delays caused by the
Village shall extend the Time of Performance; provided,
however, that Contractor shall be responsible for completion of
all Work within the Time of Performance, notwithstanding any
strike or other work stoppage by employees of either Contractor
or of the Village.
4. Financial Assurance
A. Insurance. Contractor acknowledges and agrees that
Contractor shall provide certificates of insurance evidencing the
minimum insurance coverages and limits set forth in Exhibit B
within 10 days following the Village's acceptance of this
Contract. Such policies shall be in form, and from companies,
acceptable to the Village. The insurance coverages and limits set
forth Exhibit B shall be deemed to be minimum coverages and
limits and shall not be construed in any way as a limitation on
Contractor's duty to carry adequate insurance or on Contractor's
liability for losses or damages under this Contract. The minimum
insurance coverages and limits that shall be maintained at all
times while providing, performing, or completing the Work are as
set forth in Exhibit B.
B. Indemnification. Contractor acknowledges and agrees
that Contractor shall indemnify and save harmless the Village
against all damages, liability, claims, losses, and expenses
(including attorneys' fee) that may arise, or be alleged to have
arisen, out of or in connection with Contractor's performance of,
or failure to perform, the Work or any part thereof, or any failure
to meet the representations and warranties set forth in Section 6 of
this Contract.
D. Penalties. Contractor acknowledges and agrees that
Contractor shall be solely liable for any fines or civil penalties
that are imposed by any governmental or quasi -governmental
agency or body that may arise, or be alleged to have arisen, out of
or in connection with Contractor's performance of, or failure to
perform, the Work or any part thereof.
5. Firm Proposal
All prices and other terns stated in this Contract are firth and
shall not be subject to withdrawal, escalation, or change.
6. Contractor's Representations and Warranties
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 this Contract, including,
without limitation, the performance standards set forth in
Subsection 1B of this Contract; and shall be fit, sufficient, and
suitable for the purposes expressed in, or reasonably inferred
from, this Contract and the warranties expressed herein shall be in
addition to any other warranties expressed or implied by law,
which are hereby reserved unto the Village.
B. Compliance with Laws. The Work, and all of its
components, shall be provided, performed, and completed in
compliance with, and Contractor agrees to be bound by, all
applicable federal, state, and local laws, orders, rules, and
regulations, as they may be modified or amended from time to
time, including without limitation the Prevailing Wage Act, 820
ILCS 130/0.01 et sent. (in furtherance of which, a copy of
Village's ordinance ascertaining the prevailing rate of wages, in
effect as of the date of this Contract, has been attached as an
Appendix to this Contract; if the Illinois Department of Labor
revises the prevailing rate of hourly wages to be paid, the revised
rate shall apply to this Contract); any other prevailing wage laws;
any statutes requiring preference to laborers of specified classes;
any statutes prohibiting discrimination because of, or requiring
affirmative action based on, race, creed, color, national origin,
age, sex, or other prohibited classification; and any statutes
regarding safety or the performance of the Work. Further,
Contractor shall have a written sexual harassment policy in
compliance with Section 2-105 of the Illinois Human Rights Act
during the course of the work.
C. Not Barred. Contractor is not barred by law from
contracting with the Village or with any other unit of state or
local government as a result of (i) a delinquency in the payment
of any tax administered by the Illinois Department of Revenue
unless Contractor is contesting, in accordance with the procedures
established by the appropriate Revenue Act, its liability for the
tax or the amount of tax, as set forth in 65 ILCS 5/11-42.1-I; or
(ii) a violation of either Section 33E-3 or Section 33E-4 of Article
33 of the Criminal Code of 1961, 720 ILCS 5/33E -I et L.
D. Qualified. Contractor has the requisite experience,
ability, capital, facilities, plant, organization, and staff to enable
Contractor to perform the Work successfully and promptly and to
commence and complete the Work within the Contract Price and
Contract Time set forth above.
7. Acknowledeements
In submitting this Contract, Contractor acknowledges and
agrees that:
A. Reliance. The Village is relying on all warranties,
representations, and statements made by Contractor 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.
D. Remedies. Each of the rights and remedies reserved to
the Village in this Contract shall be cumulative and additional to
any other or further remedies provided in law or equity or in this
Contract.
E. Time. Time is of the essence in the performance of all
terns and provisions of this Contract and, except where stated
otherwise references in this Contract to days shall be construed to
refer to calendar days and time.
F. No Waiver. No examination, inspection, investigation,
test, measurement, review, determination, decision, certificate, or
approval by the Village, whether before or after the Village's
acceptance of this Contract; nor any information or data supplied
by the Village, whether before or after the Village's acceptance of
this Contract; nor any order by the Village for the payment of
money; nor any payment for, or use, possession, or acceptance of,
the whole or any part of the Work by the Village; nor any
extension of time granted by the Village; nor any delay by the
Village in exercising any right under this Contract; nor any other
act or omission of the Village shall constitute or be deemed to be
an acceptance of any defective, damaged, or nonconforming
Work, nor operate to waive or otherwise diminish the effect of
any representation or warranty made by Contractor; or of any
requirement or provision of this Contract; or of any remedy,
power, or right of the Village.
G. Severability. It is hereby expressed to be the intent of
the parties to this Contract that should any provision, covenant,
agreement, or portion of this Contract or its application to any
Person or property be held invalid by a court of competent
jurisdiction, the remaining provisions of this Contract and the
validity, enforceability, and application to any Person or property
shall not be impaired thereby, but the remaining provisions shall
be interpreted, applied, and enforced so as to achieve, as near as
may be, the purpose and intent of this Contract to the greatest
extent permitted by applicable law.
H. Amendments and Modifications. No amendment or
modification to this Contract shall be effective until it is reduced
to writing and approved and executed by the corporate authorities
of the parties in accordance with all applicable statutory
procedures.
1. Assignment. Neither this Contract, nor any interest
herein, shall be assigned or subcontracted, in whole or in part, by
Contractor except upon the prior written consent of the Village.
J. 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,
K. Certified Payrolls. 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. The
certified payroll shall consist of a complete copy of those records
required to be made and kept by the Prevailing Wage Act. The
certified payroll shall be accompanied by a statement signed by
the Contractor or subcontractor which certifies that: (1) such
records are true and accurate; (2) the hourly rate paid is not less
than the general prevailing rate of hourly wages required by the
Prevailing Wage Act; and (3) 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 certification of a lower tier subcontractor, 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 agenti;
and (ii) at all reasonable hours at a location within this State.
L. Conflicts of Interest. Contractor represents and ecrti Ics
that, to the best of its knowledge, (1) no elected or appointed
Village official. employee or agent has a personal 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.
M. Exhibits If any conflict exists between this Contract and
any exhibit attached hereto, the terms of this Contract shall
prevail. Any conflict that exists between Exhibit A and Exhibit
B, the terns of Exhibit B shall prevail.
IN WITNESS WHEREOF the parties hereto have VILLAGE OF OAK BROOK, an Illinois municipal
caused this Agreement to be executed, effective on corporation
--.2017.
ATI FST:
By B
Charlotte " 'ler JRccrldor. Wm,,.t,
ATTEST:
By
1110MW
PEERLES F
By.
Its 9d. s
EXHIBIT A
(PROPOSAL DATED OCTOBER 11, 2017)
PEERLESS FENCE
A Division of Peerless Enterprises, /tic.
33 W 401 Roosevelt Road • West Cl IL 60185
(630) 584-7710' Fax (630) 584-7746
Attn: Lee Hammer
Page I of I
FP"
OPOSAL ANCEPTANCE
Proposal submitted to: Village of Oak Brook Public Works
Phone:
Date: 10-11-17
630-368-5278
Street: 1200 Oak Brook Rd
Fax:
Job Phone:
630-660-9350
City, State and Zip Code: Oak Brook IL 60523
Job Name:
Architect Date of Plans
Wah-A..�..A.-.:.--....:r__.:______�__._.__-__.
Job Location: St. Pascals Dr. & 35th
.. .-..... J...-v,.r. uYcc J,cwfVlU VIfM
Remove and replace
I- type 1 cable panel
I- wood posts
Price $1,961.00
Add for traffic control if not provided by others Add $1100.00
Proposal Based on:
Full day mobilizations, Spoils spread along fence line, Normal digging conditions
Peerless standard safety requirements, Peerless standard insurance
Specifications & Quantities above, Able to access fence line with digging equipment & cement truck
Fence line established by others, Private utilities located by others
Prices good for 30 days
Quoted price is based on the current market conditions. We reserve the right to adjust this quote based on market conditions at the time
material is ordered and delivered to the job site.
Exclusions: Bonds, permits, licenses, and fees
Work performed on a regular time basis per our current certificate of insurance
Payment to be made as follows: net 30 days on completion, upon credit approval.
OWNER MUST OBTAIN ALL PERMITS.
nu mamma, is guaranreea to Dc m speanM. All work to be completed in a workmanlike manner, on a regular Authorized Signature:
time basis according to standard practices. Any alternation or deviation from above specifications involving
extra costs will be executed only upon written orders, and will become an extra charge over and above the
estimate. All agreements contingenl upon strikes, accidents or delays beyond our control. Owner to carry fire,
tomado and other necessary insurance. Our workers me fully covered by Workmen's Compensation Insurance. Tim Ford, Commercial
Customer here by assumes full responsibility for the location of the line upon which fence materials are to be
installed and locate any and all private cable to include sprinkler systems, electric, septic fields, gas lines, grills,
lighting, etc. Peerless Fence to Call 1.U.L.I.E. PEERLESS FENCE
Note: We may withdraw this proposal if not
1, THE UNDERSIGNED, ID:RREBY AGREE THAT IN T EVENT OFDEFAULT M THE PAYMENT OF ANY AMOUNT DUE,ANO D'TIaS ACCOUNT I. PLACED D!TIR:FNN�i OFAN AGENCY OR
ATTORNEY FOR C4 ECTIONOR LEGALACNON,TO PAY AN ADDITIONAL CHARGE EQUALTOTHECOSTOFCOLLECTIONS aICLUDMG AGENCY AND AfTORNEYFEES AND COURT COM
mCLRRED AND PERMnItD BY UM CAYERNDIGTHESETRANSAMONS. ALL PAST DUE ACCOt MU BE CHAROED AT THE RATE OF I.ss:ON UNPAID MON ME ANO COE.
ACCEPTANCE OF PROPOSAL. The above lines, specifications and conditions are
satisfactory and are hereby accepted. You are authorized to do the work as specified. Signature
Payment will be made as outlined above. Signature
nate of A—I.—
EXHIBIT B
(INSURANCE REQUIREMENTS)
Certificates of Insurance shall be presented to the Village upon execution of this contract and vendor shall not commence work until it
provides and receives acceptance of insurance certificates from the Village as required by this exhibit.
Each contractor performing any work pursuant to a contract with the Village of Oak Brook and each permittee working under a permit as
required pursuant to the provisions of Title 1 of Chapter 8 of the Code of Ordinances of the Village of Oak Brook (hereinafter referred to as
"Insured") shall be required to carry such insurance as specified herein. Such contractor and permittee shall procure and maintain for the
duration of the contract or permit insurance against claims for injuries to persons or damages to property which may arise from or in
connection with the performance of the work under the contract or permit, 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 injury, personal injury and property damage;
B. Automobile Liability (if applicable) - $1,000,000 combined single limit per accident for bodily injury and property damage;
C. Worker's Compensation and Employer's Liability - Worker's Compensation limits as required by the Labor Code of the State of
Illinois and Employer's Liability limits of $1,000,000 per accident.
Any deductibles or self-insured retention must be declared to and approved by the Village. At the option of the Village, either the insurer
shall reduce or eliminate such deductible or self-insured retention as respects the Village, its officers, officials, employees and volunteers;
or the Insured shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses to
the extent of such deductible or self-insured retention.
The policies shall contain, or be endorsed to contain, the following provisions:
D. General Liability and Automobile Liability Coverage -
(])The Village, its officers, officials, employees and volunteers are to be covered as additional insureds as respects: liability
arising out of activities performed by or on behalf of the Insured; premises owned, occupied or used by the Insured. The
coverage shall contain no special limitations on the scope of protection afforded to the Village, its officers, officials,
employees, volunteers, or agents.
(2)The Insured's insurance coverage shall be primary insurance as respects the Village, its officers, officials, employees, volunteers
and agents. Any insurance or self-insurance maintained by the Village, its officers, officials, employees, volunteers or
agents shall be in excess of the Insured's insurance and shall not contribute with it.
(3)Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Village, its officers,
officials, employees, volunteers or agents.
(4) The Insured's insurance shall apply separately to each covered party against whom claim is made or suit is brought except with
respect to the limits of the insurers liability.
E. Worker's Compensation and Employer's Liability Coverage
The policy shall waive all rights of subrogation against the Village, its officers, officials, employees, volunteers and agents
for losses arising from work performed by the insured for the Village.
Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in
coverage or in limits except after thirty (30) days prior written notice by certified mail has been given to the Village. Each insurance
policy shall name the Village, its officers, officials and employees, volunteers and agents as additional Insureds. Insurance is to be placed
with insurers with a Best's rating of no less than A: VII.
Each Insured shall furnish the Village with certificates of insurance and with original endorsements effecting coverage required by this
provision. The certificate and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind
coverage on its behalf The certificates and endorsements are to be on forms approved by the Village and shall be subject to approval by
the Village Attorney before work commences. The Village reserves the right to require complete, certified copies of all required
insurance policies, at any time.
Each insured shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
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