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B and T Wading Pool Fence InstallationVILLAGE OF OAK BROOK CONTRACT FOR THE OAK BROOK BATH & TENNIS CLUB WADING POOL FENCE INSTALLATION PROJECT Full Name of Contractor: First Fence, Inc. ("Contractor") Principal Office Address: 10 N. Elm Street, Hillside, Illinois 60162 Contact Person: Ken Kolar Telephone Number ( 708) 547.7555 TO Village of Oak Brook ("Vrllagd') 1200 Oak Brook Road Oak Brook, Illinois Attention: Chris Thomas, Bath & Tennis Club Manager 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 ofdocuments. 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 Eauiament 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 Oak Brook Bath & Tennis Club Wading Pool Fence Installation Project as specified in Exhibit A attached hereto, at the Oak Brook Bath & Tennis Club 800 Oak Brook Road, Oak Brook, Illinois 60523 ("WorkSitd'); 2. Permits, The Village wil permits, licenses, and other approvals and authorizations connection therewith; 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. furnish all B. Performance Standards. Contractor governmental acknowledges and agrees that all Work shall be fully necessary in provided, performed, and completed in accordance with the proposal dated April S, 2016, attached hereto as Exhibit A. 3. Insurance. Procure and furnish insurance certificates specified in this Contract; 4. Taxes. Pay all applicable federal, state, and local taxes; 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. Inanection/Testing/Reiection. 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 1 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 $3,675.00 TOTAL CONTRACT PRICE (in writing): Three Thousand Six Hundred and Seventy Five Dollars B, BASIS FOR DETERMINING PRICES It is expressly understood and agreed that: 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 16 days (weather permitting) 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 Datd'). Contractor further acknowledges and agrees that Contractor shall perform the Work diligently and continuously and shall complete the Work not later than November 30, 2016 ("Time of Performancd'). 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 its officers, officials, employees and volunteers, 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 terms stated in this Contract are firm 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, if applicable, the Prevailing Wage Act, 820 ILCS 130/0.01 et sem.; 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 2105 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 5/11-42.1-1; 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-1 et seg. 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 terms 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. I. 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, 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 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, if applicable, 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 IN WITNESS WHEREOF the parties hereto have caused this Agreem " t to be executed, effective ondeftb9;r 1 , 2016. ATTEST By. Charlotte Pruss, Village Clerk 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 agents; and (ii) at all reasonable hours at a location within this State. L. Conflicts of Interest. Contractor represents and certifies 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 and Other Agreements. If any conflict exists between this Agreement and any exhibit attached hereto or any other Agreement between the parties relating to this transaction, the terms of this Agreement shall prevail. VILLAGE OF OAK BROOK, an Illinois municipal corporation ATTEST: FIRST FENCE, INC. By i By: Its: �✓ f EXHIBIT A (PROPOSAL DATED APRIL B, 2016) Pool{ risen 4 31 s00 d5t+, cC T1,2 -7 Z WOXIIN3 Roliali T t;i First Fence Inc. Family owned and operated since 1989 10 N. Elm St. Hillside IL. 60162 708 547-7555 Fax 708 547.7580 Attn: Michelle Hrody Email: mhrody@oak-brook.org PROPOSAL SUBMITTED TO: Telephone: Proposal Date: 04-08-2016 Village of Oak brook 630 368-6424 STREET Cell Fax: (630) 368-6426 800 Oak Brook Road CITY, STATE, AND ZIP CODE Job Name Job Location: Oak Brook, IL. 60523-2255 Same: Oak Brook Bath & Tennis Club Total Footage We propose to install a five foot tall ornamental Iron ool fence. Match existing. Height, Style & Color 5' tall. Black. style. New panels are 8' Picket/ Wire Size: Spacing 314". wide. Top Finish Flat rail Number of rails and size Three rails. Gates One sw[rlgjqate with self closing hinges and a magna latch. Terminal Post Sizes 2112" posts. Line Post Sizes 21/2" posts. Work to be done see below. Existing brick pavers removed by others. Not responsible for any damaged Haul Away to existing water sprinkler line. These lines marked by others. Take Down Hook on to Haul Away Dirt YES existing post. Pull Post Butts 36" Core Drill YES F"atio Wall. Asphalt Breaks Concrete Breaks Post set in a 36" deep concrete 108 Follow curve With straight panels filled footing. YES using swivel brackets. Curve is approx. 50' radius curve. Unforeseen buried obstructions such as rough fill, concrete, brick ect. that add time will be a additional charge. We Propose, hereby, to furnish material and labor in accordance with above specifications, for the sum of >>> PAYMENT TO BE MADE AS FOLLOWS: Net 30 Days Job is tax exempt. We will need current state tax letter. Cost = $ 3,675.00 ALL PERMITS MUST BE OBTAINED BY OWNER tonaasspecified. NI11be Istobecomplelad accordinga sebecapractices. Myentsours ori,gentn cnarnaed itobdaregularTimebasis firmaribualmaterialisguaranteed Upon Wn NI eyondoadda unitedrs antlherinsuran eXgaellalgQmams nor end ebOnar iide is 10 tornado, dby ironer Compensation open slakes, acclUBnls, o! delays beyond Ou! ConlNl. (TMe! Ia 10 Guy IIR, (elnado, an0 aloe! IneVlanU. UVfxarkQla d!B lUlly covered by Wotkmen'a lAmpensalMn InbURnce. .,h.trV05pOcidellonarnelays our cannot AUTHORIZED FIRST FENCE INC. SIGNATURE: 4Cue W>!ac ( Ken Kolar) Note: this proposal may be withdrawn by us if not accepted within ( 24 ) days of the above Proposal Date. Customer hereby assumes full responsibility for the location of the line upon erich said materials are to be installed and veil locate any fall Fried cables, Io include sprinkler systemo. electric, septic Gelds, gas lines, grills, lighting, site FIRST FENCE INC. to calf JUNE of DIGGER as needed. Unforeseen buried obstructions such as rough fill, concrete, brick act. that add time will be an a additional charge. I the unarrsyned, hereby agree that in the ewat of defo mthe payment of.,amount due, and if the...dl is piacad in the hands of an agency oinflomey for collection rregal aeimn, "pay an aaohn"d cantoequal to me wean obaomnmuoemgagenryariaanomey reelaria co on costs Incunea amo pbad a. .,and,.. gmamin, mese transactions. At past due accounts W11 be charged at the rate of 1.5% of the unpaid monthly balance. Acceptance of Proposal Date: Signature: The above prices,specifnstions, and conditions are salisfn,toryandare herebyacoepled. Youereau i.ifted to do the eark as spanGed.Payment sill be made as outlined show. 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. WAny failure to comply with reporting provisions of the policies shall not affect coverage provided to the Village, its officers, officials, employees, volunteers or agents. WThe 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, 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.