Golf Maintenance Garage Door Installation Project VILLAGE OF OAK BROOK
CONTRACT FOR THE
OAK BROOK GOLF COURSE MAINTENANCE GARAGE DOOR INSTALLATION PROJECT
Full Name of Contractor: O'Connor Garage Door Service ("Contractor")
Principal Office Address: P.O. Box 542, Elmhurst, Illinois 60126
Contact Person:Jim O'Connor Telephone Number: (800)488-6788
TO: Village of Oak Brook("Village")
1200 Oak Brook Road
Oak Brook, Illinois
Attention: Sean Creed, Golf Club Manager/Superintendent
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 5. Miscellaneous. Do all other things required
expense, provide, perform, and complete, in the manner of Contractor by this Contract; and
specified and described, and upon the terms and
conditions set forth, in this Contract, all of the following, 6. Qualit . Provide, perform, and complete all
all of which is herein referred to as the"Work": of the foregoing in a proper and workmanlike
manner, consistent with the standards of
1. Labor, Equipment, Materials, and Supplies. recognized professional firms in performing
Provide, perform, and complete, in the Work of a similar nature, in full compliance
manner specified and described in this with, and as required by or pursuant, to this
Contract, all necessary work, labor, services, Contract, and with the greatest economy,
transportation, equipment, materials, efficiency, and expedition consistent
supplies, information, data, and other means therewith, with only new, undamaged, and
and items necessary for the Oak Brook Golf first quality equipment, materials, and
Maintenance Garage Door Installation supplies.
Project, as specified in Exhibit A attached
hereto, at 810 Oak Brook Road, Brook Road, B. Performance Standards. Contractor
Oak Brook, Illinois 60523("Work Site"); acknowledges and agrees that all Work shall be fully
provided, performed, and completed in accordance with
2. Permits. The Village will furnish all the proposal date September 5, 2019, attached hereto as
permits, licenses, and other governmental Exhibit A.
approvals and authorizations necessary in
connection therewith; C. Responsibility for Damage or Loss. Contractor
proposes, and agrees, that Contractor shall be
3. Insurance. Procure and furnish insurance responsible and liable for, and shall promptly and
certificates specified in this Contract; without charge to Village repair or replace, any damage
done to, and any loss or injury suffered by, the Village,
4. Taxes. Pay all applicable federal, state, and the Work, the Work Site, or other property or persons as
local taxes; a result of the Work.
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D. Inspection/Testing/Rejection. Village shall have
the right to inspect all or any part of the Work and to
reject all or any part of the Work that is, in Village's All payments may be subject to deduction or
judgment, defective or damaged or that in any way fails setoff by reason of any failure of Contractor to
to conform strictly to the requirements of this Contract perform under this Contract. Each payment
and the Village, without limiting its other rights or shall include Contractor's certification of the
remedies, may require correction or replacement at value of, and partial or final waivers of lien
Contractor's cost, perform or have performed all Work covering, all Work for which payment is then
necessary to complete or correct all or any part of the requested and Contractor's certification that all
Work that is defective, damaged, or nonconforming and prior payments have been properly applied to
charge Contractor with any excess cost incurred thereby, the payment or reimbursement of the costs with
or cancel all or any part of any order or this Contract. respect to which they were paid.
Work so rejected may be returned or held at Contractor's
expense and risk. 3. Contract Time
2. Contract Price Contractor acknowledges and agrees that Contractor
shall commence the Work within 15 days (weather
Contractor acknowledges and agrees that Contractor permitting) following the Village's acceptance of this
shall take in full payment for all Work and other matters Contract provided Contractor shall have furnished to the
set forth under Section 1 above, including overhead and Village all bonds and all insurance certificates specified
profit; taxes, contributions, and premiums; and in this Contract ("Commencement Date"). Contractor
compensation to all subcontractors and suppliers, the further acknowledges and agrees that Contractor shall
compensation set forth below. perform the Work diligently and continuously and shall
complete the Work not later than October 31, 2019
A. SCHEDULE OF PRICES ("Time of Performance"). The Village may modify the
Time of Performance at any time upon 15 days prior
For providing, performing, and completing all written notice to the Contractor. Delays caused by the
Work, the total Contract Price of$1,725.00 Village shall extend the Time of Performance; provided,
however, that Contractor shall be responsible for
TOTAL CONTRACT PRICE (in writing): completion of all Work within the Time of Performance,
notwithstanding any strike or other work stoppage by
One Thousand Seven Hundred and Twenty-Five employees of either Contractor or of the Village.
Dollars Only
4. Financial Assurance
B. BASIS FOR DETERMINING PRICES
A. Insurance. Contractor acknowledges and agrees
It is expressly understood and agreed that: that Contractor shall provide certificates of insurance
evidencing the minimum insurance coverages and limits
1. All prices stated in the Schedule of Prices set forth in Exhibit B within 10 days following the
are firm and shall not be subject to Village's acceptance of this Contract. Such policies shall
escalation or change; be in form, and from companies, acceptable to the
Village. The insurance coverages and limits set forth
2. The Village is not subject to state or local Exhibit B shall be deemed to be minimum coverages and
sales, use, and excise taxes, that no such limits and shall not be construed in any way as a
taxes are included in the Schedule of Prices, limitation on Contractor's duty to carry adequate
and that all claim or right to claim any insurance or on Contractor's liability for losses or
additional compensation by reason of the damages under this Contract. The minimum insurance
payment of any such tax is hereby waived coverages and limits that shall be maintained at all
and released; times while providing, performing, or completing the
Work are as set forth in Exhibit B.
3. All other applicable federal, state, and local
taxes of every kind and nature applicable to
the Work are included in the Schedule of B. Indemnification. Contractor acknowledges and
Prices. agrees that Contractor shall indemnify and save
harmless the Village its officers, officials, employees and
C. TIME OF PAYMENT volunteers, against all damages, liability, claims, losses,
and expenses (including attorneys'fee)that may arise, or
50% deposit is required with door order. It is be alleged to have arisen, out of or in connection with
expressly understood and agreed that final Contractor's performance of, or failure to perform, the
payment shall be made upon completion of the Work or any part thereof, or any failure to meet the
work and final approval by the Village.
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representations and warranties set forth in Section 6 of D. Qualified. Contractor has the requisite
this Contract. experience, ability, capital, facilities, plant, organization,
and staff to enable Contractor to perform the Work
D. Penalties. Contractor acknowledges and agrees successfully and promptly and to commence and
that Contractor shall be solely liable for any fines or civil complete the Work within the Contract Price and
penalties that are imposed by any governmental or Contract Time set forth above.
quasi-governmental agency or body that may arise, or be
alleged to have arisen, out of or in connection with 7. Acknowledgements
Contractor's performance of, or failure to perform, the
Work or any part thereof. In submitting this Contract, Contractor
acknowledges and agrees that:
5. Firm Proposal
A. Reliance. The Village is relying on all
All prices and other terms stated in this Contract are warranties, representations, and statements made by
firm and shall not be subject to withdrawal, escalation, Contractor in this Contract.
or change.
B. Acceptance. If this Contract is accepted,
6. Contractor's Representations and Warranties Contractor shall be bound by each and every term,
condition, or provision contained in this Contract.
In order to induce the Village to accept this Contract,
Contractor hereby represents and warrants as follows: C. Remedies. Each of the rights and remedies
reserved to the Village in this Contract shall be
A. The Work. The Work, and all of its components, cumulative and additional to any other or further
shall strictly conform to the requirements of this remedies provided in law or equity or in this Contract.
Contract, including, without limitation, the performance
standards set forth in Subsection 1B of this Contract; D. Time. Time is of the essence in the performance
and shall be fit, sufficient, and suitable for the purposes of all terms and provisions of this Contract and, except
expressed in, or reasonably inferred from, this Contract where stated otherwise references in this Contract to
and the warranties expressed herein shall be in addition days shall be construed to refer to calendar days and
to any other warranties expressed or implied by law, time.
which are hereby reserved unto the Village.
E. No Waiver. No examination, inspection,
B. Compliance with Laws. The Work, and all of its investigation, test, measurement, review, determination,
components, shall be provided,performed, and completed decision, certificate, or approval by the Village, whether
in compliance with, and Contractor agrees to be bound before or after the Village's acceptance of this Contract;
by, all applicable federal, state, and local laws, orders, nor any information or data supplied by the Village,
rules, and regulations, as they may be modified or whether before or after the Village's acceptance of this
amended from time to time, including without limitation, Contract; nor any order by the Village for the payment of
if applicable, the Prevailing Wage Act, 820 ILCS money; nor any payment for, or use, possession, or
130/0.01 et seq.; any other prevailing wage laws; any acceptance of, the whole or any part of the Work by the
statutes requiring preference to laborers of specified Village; nor any extension of time granted by the Village;
classes; any statutes prohibiting discrimination because nor any delay by the Village in exercising any right
of, or requiring affirmative action based on, race, creed, under this Contract; nor any other act or omission of the
color, national origin, age, sex, or other prohibited Village shall constitute or be deemed to be an acceptance
classification; and any statutes regarding safety or the of any defective, damaged, or nonconforming Work, nor
performance of the Work. Further, Contractor shall operate to waive or otherwise diminish the effect of any
have a written sexual harassment policy in compliance representation or warranty made by Contractor; or of
with Section 2-105 of the Illinois Human Rights Act any requirement or provision of this Contract; or of any
during the course of the work. remedy,power, or right of the Village.
C. Not Barred. Contractor is not barred by law F. Severability. It is hereby expressed to be the
from contracting with the Village or with any other unit intent of the parties to this Contract that should any
of state or local government as a result of (i) a provision, covenant, agreement, or portion of this
delinquency in the payment of any tax administered by Contract or its application to any Person or property be
the Illinois Department of Revenue unless Contractor is held invalid by a court of competent jurisdiction, the
contesting, in accordance with the procedures remaining provisions of this Contract and the validity,
established by the appropriate Revenue Act, its liability enforceability, and application to any Person or property
for the tax or the amount of tax, as set forth in 65 ILCS shall not be impaired thereby, but the remaining
5/11-42.1-1; or (ii) a violation of either Section 33E-3 or provisions shall be interpreted, applied, and enforced so
Section 33E-4 of Article 33 of the Criminal Code of 1961, as to achieve, as near as may be, the purpose and intent
720 ILCS 5/33E-1 et seq.
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of this Contract to the greatest extent permitted by Department of Labor and his or hers deputies and
applicable lawagents: and (ii) at all reasonable hours at a location
-ovithin this State.
(;, AiLiendnients and Modifications. No <amcndrnent
or ruodification to this Contract shall be effective until it K. Conflicts of Interest. Contractor represents and
is reduced to writing and approved and executed by the certifies that, to the best,of its knowledge, (I) no elected
corporate alathorities of the parties in accordance with all or appointed Village official, offiic:er, employee, or agent.
applicable statutory procedures- has a personal financial interest in the business of t-lie
Contractor or in this Agreement, or has personally
1-1. Assignment. Neither this Contract nor a v received payment or other consideration for this
interest herein, ,hall be assigned or subcontracted. in Agreement: (2) as of the date of this 'agreement neither
whole or in part. by Contract.()'- except, upon the prior Contractor not, any person employed or associated with
Na ritten consent of the Village. Contractor has any interest that would conflict in any
manner or degree with the performance of the
1. Governing L.aw Venue. This Contract shall be obligations under this Agreement; and (3) neithrl
governed by. construed and enforced in accordance .with Contractor nor any person employed by or associated
the internal laws, haul not file conflicts of laws rule,. of vv,ith Contractor shall at any time during the term ofthis
tho State of Illinois, Venue for any action arising out of Agreement obtain or acquire any interest. that would
or due to this Contract shall be in the Circuit Coast fetr conflict, in any manner or degree with the performance of
l)uPage Count}. Illinois. the obligations under this.Agreement.
1. Certified ., Ya Isl-lls- Contractor shalt, ill L. l:xhibit8_It1 Utlier Agreenients. If any conflict exists
accrrrdance with Section h of the Illinois Prevailing ��`age between this Agrcmnent and any exhibit attached hereto
1,•+- R20 iLCS 430/5. submit to the Village, on a mout.lily or any other Agroenient between the parties relating to
ba i a certified payroll. if applicable. 1'he' ccrtitie'cl this transaction. the terms of this :agreement shrill
patroll shall consist of a complete copy of thu,e records prevail.
required to be trinde and kept, by the Prevailing Wage
-pct. I lw certified payroll shall be accompanied by a M. No Disclosure of Confidential Information by the
statemcut signed b-, the Contractor or subcontractor Con,,ultant. The Consultant acknowledges that it
�k-l1ic°h ce rtifiesshall, in performing the Services for the Village under
that: (1) such records are true and
„accurate; (2) the hourly rate paid is not les-, it this Agreement. have acre'>s, or be directly or
applicablo, than the general prevailing rate of hourly indirectly exposed, to Confidential Information. The
re•cluired b}• the Prevailing 'Nage Act: and rat C'cnsultont shall Bold confidential all Confidential
t',onu-<ictor or subcontractor is as°are that filing to
Information and shall not disclose or use such
c{ ilrfred pavroll that he or she know, to be false= 1s a Confidential Information without the express prior
Class Lt misdemeanor. A general contractor may rely written consent of the Village. The Consultant shall
upon Ilii certifwat,ion of a lower tier subcontractor.
provided that the general contractor does not knowingly use reasonable treasures at least as strict as those the
rely up<m a subcont.ractor's false certification. Llpon two Con,ultalit, usc•a to protect its own confidential
bii..nes:: dans' notice. Contractor and each subcontractor information. Such me aures shall include, without
-hall make available for inspection the record:: required limitation, requiring employees and .�uhcontractors of
it) be niade and kept by the Act: (i) to 111e Village. its thr� Consultant to execute a nondisclosure agreement
fiice�r= ;uui at*clnfs, raid to the Director of the Illinois before obtaining cacce s to C'onfident'ial Information.
iN WITNESS WHEREOF the parties hereto VILLAGE OF OAK BROOK, an Illinois
111vcavonienj to be execulvd, municipal corporation
e flerctivt e11) 2019.
Villtlat Clerk Villa Manager
A"l,-Pl#XP:
,,
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EXHIBIT A
(PROPOSAL DATED SEPTEMBER 5, 2019)
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O'CONNOR GARAGE DOOR SERVICE
Accounting&Secretarial Office
P.O. Box 542
Elmhurst, IL 60126
1-800-488-6788
OAK BROOK GOLF COURSE MAINTENANCE 9/5/2019
ATTN: SEAN CREED
2606 YORK ROAD
OAK BROOK, IL 60523
QUOTATION
WE PROPOSE THE FOLLOWING:
Take down existing door and hardware, haul old material off job site.
Deliver and Install:
New WAYNE DALTON 8300 12'2" x 8'6" sandwich insulated, raised steel FLUSH panel 1,725.00
garage door pre painted WHITE. Equipped with DOUBLE TRACK LOW HEADROOM
hardware, torsion spring counterbalance, lift cables, vertical and horizontal tracks,
reinforcing struts, lift arm bracket,perimeter weatherseal, and bottom weatherseal.
NOTE:New door is to be installed level, however,we can assume no guarantee against
possible gaps under new door due to floor condition.
NOTE: PRICES ARE FIRM FOR(30) THIRTY DAYS.
TERMS: 50%DEPOSIT IS REQUIRED WITH DOOR ORDER, BALANCE DUE UPON
COMPLETION. DEPOSITS ARE NOT REFUNDABLE.
PLEASE SIG BE
ORDERED
VERY TRULY YOURS,
O'CONNOR GARAGE DOOR SERVICE
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-
(1)The Village,its officers,officials, employees and volunteers are to be covered as additional insureds as
respects: liability arising out of activities performed by or on behalf of the Insured;premises owned,
occupied or used by the Insured. The coverage shall contain no special limitations on the scope of
protection afforded to the Village,its officers,officials, employees,volunteers,or agents.
(2)The Insured's insurance coverage shall be primary insurance as respects the Village, its officers,
officials, employees, volunteers and agents. Any insurance or self-insurance maintained by the
Village, its officers, officials, employees, volunteers or agents shall be in excess of the Insured's
insurance and shall not contribute with it.
(3)Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the
Village,its officers,officials,employees,volunteers or agents.
(4)The Insured's insurance shall apply separately to each covered party against whom claim is made or
suit is brought except with respect to the limits of the insurer's liability.
E. Worker's Compensation and Employer's Liability Coverage
The policy shall waive all rights of subrogation against the Village, its officers, officials, employees,
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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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