R-1870 - 04/14/2020 - CONTRACTS - Resolutions Supporting DocumentsK
REVIEW OF CONTRACTS
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Three (3) Originals signed by other party Date/Initials 1
Original provided to staff member for other party Date/Initials 1
Original provided to Official Files Date/Initials WW1 OQO 4SF
Village of Oak Brook I Approved by Board of Trustees- Date/Initials:
VILLAGE OF OAK BROOK
CONTRACT FOR THE
2020-2024 FIRE HYDRANT PAINTING SERVICES
Full Name of Contractor: Cryder Enterprises, Inc. ("Contractor")
Principal Office Address: 17160 Brisbin Road, Minooka, Illinois 60447
Local Office Address:
Contact Person: Scott Cryder, Owner Telephone Number: 815-405-6744
TO: Village of Oak Brook("Village")
1200 Oak Brook Road
Oak Brook, Illinois
Attention: Doug Patchin, Public Works Director
Contractor warrants and represents that Contractor has
carefully examined the Work Site described below and
has reviewed and understood all documents included,
referred to, or mentioned in this bound set of documents,
including Addenda Nos. NONE, which are securely
stapled to the end of this Contract.
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 Fire Hydrant first quality equipment, materials, and
Painting Services, as is more fully supplies.
specified in Exhibit A, attached hereto,
located within the Village of Oak Brook B. Performance Standards. Contractor
Work Site");acknowledges and agrees that all Work shall be fully
provided, performed, and completed in accordance with
2. Permits. Procure and furnish all permits, the specifications and description of Work in the
licenses, and other governmental approvals attached quote dated January 29, 2020, hereto as
and authorizations necessary in connection Exhibit A.
therewith;
C. Responsibility for Damage or Loss. Contractor
3. Bonds and Insurance. Procure and furnish proposes, and agrees, that Contractor shall be
all bonds and all insurance certificates and responsible and liable for, and shall promptly and
policies of insurance specified in this without charge to Village repair or replace, any damage
Contract; done to, and any loss or injury suffered by, the Village,
the Work, the Work Site, or other property or persons as
4. Taxes. Pay all applicable federal, state, and a result of the Work.
local taxes;
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D. Insnection/Testing/Reiection. Village shall have the Work are included in the Schedule of
the right to inspect all or any part of the Work and to Prices.
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 C. TIME OF PAYMENT
and the Village, without limiting its other rights or
remedies, may require correction or replacement at It is expressly understood and agreed that all
Contractor's cost, perform or have performed all Work payments shall be made in accordance with the
necessary to complete or correct all or any part of the following schedule:
Work that is defective, damaged, or nonconforming and
charge Contractor with any excess cost incurred thereby, Payment is due upon request by
or cancel all or any part of any order or this Contract. Contractor and approval of work by
Work so rejected may be returned or held at Contractor's the Village.
expense and risk.
All payments may be subject to deduction or
2. Contract Price setoff by reason of any failure of Contractor to
perform under this Contract. Each payment
Contractor acknowledges and agrees that Contractor shall include Contractor's certification of the
shall take in full payment for all Work and other matters value of, and partial or final waivers of lien
set forth under Section 1 above, including overhead and covering, all Work for which payment is then
profit; taxes, contributions, and premiums; and requested and Contractor's certification that all
compensation to all subcontractors and suppliers, the prior payments have been properly applied to
compensation set forth below. the payment or reimbursement of the costs with
respect to which they were paid.
A. SCHEDULE OF PRICES
3. Contract Time
For providing, performing, and completing all
Work, the total contract price of$100,000.00 Contractor acknowledges and agrees that Contractor
shall commence the Work within 30 days (weather
20,000.00 per year 2020—2024) permitting) following the Village's acceptance of this
Contract provided Contractor shall have furnished to the
TOTAL CONTRACT PRICE (in writing): Village insurance certificates specified in this Contract
Commencement Date").Contractor further
One Hundred Thousand Dollars acknowledges and agrees that Contractor shall perform
Twenty Thousand per year 2020—2024) the Work diligently and continuously and shall complete
the Work not later than December 31 of 2020, 2021,
2022, 2023, and 2024 ("Time of Performance"). The
B. BASIS FOR DETERMINING PRICES Village may modify the Time of Performance at any time
upon 15 days prior written notice to the Contractor.
It is expressly understood and agreed that: Delays caused by the Village shall extend the Time of
Performance; provided, however, that Contractor shall
1. All prices stated in the Schedule of Prices be responsible for completion of all Work within the
are firm and shall not be subject to Time of Performance, notwithstanding any strike or
escalation or change;other work stoppage by employees of either Contractor or
of the Village.
2. The Village is not subject to state or local
sales, use, and excise taxes, that no such 4. Financial Assurance
taxes are included in the Schedule of Prices,
and that all claim or right to claim any A. Insurance. Contractor acknowledges and agrees
additional compensation by reason of the that Contractor shall provide certificates of insurance
payment of any such tax is hereby waived evidencing the minimum insurance coverages and limits
and released; set forth in Exhibit B within 10 days following the
Village's acceptance of this Contract. Such policies shall
3. All other applicable federal, state, and local be in form, and from companies, acceptable to the
taxes of every kind and nature applicable to Village. The insurance coverages and limits set forth
Exhibit B shall be deemed to be minimum coverages and
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limits and shall not be construed in any way as a the date of this Contract, has been attached as an
limitation on Contractor's duty to carry adequate Appendix to this Contract; if the Illinois Department of
insurance or on Contractor's liability for losses or Labor revises the prevailing rate of hourly wages to be
damages under this Contract. The minimum insurance paid, the revised rate shall apply to this Contract); any
coverages and limits that shall be maintained at all other prevailing wage laws; any statutes requiring
times while providing, performing, or completing the preference to laborers of specified classes; any statutes
Work are as set forth in Exhibit B. prohibiting discrimination because of, or requiring
affirmative action based on, race, creed, color, national
B. Indemnification. Contractor acknowledges and origin, age, sex, or other prohibited classification; and
agrees that Contractor shall indemnify and save any statutes regarding safety or the performance of the
harmless the Village against all damages, liability, Work. Further, Contractor shall have a written sexual
claims, losses, and expenses (including attorneys' fee) harassment policy in compliance with Section 2-105 of
that may arise, or be alleged to have arisen, out of or in the Illinois Human Rights Act during the course of the
connection with Contractor's performance of, or failure to work.
perform, the Work or any part thereof, or any failure to
meet the representations and warranties set forth in C. Not Barred. Contractor is not barred by law
Section 6 of this Contract. from contracting with the Village or with any other unit
of state or local government as a result of (i) a
C. Penalties. Contractor acknowledges and agrees delinquency in the payment of any tax administered by
that Contractor shall be solely liable for any fines or civil the Illinois Department of Revenue unless Contractor is
penalties that are imposed by any governmental or contesting, in accordance with the procedures
quasi-governmental agency or body that may arise, or be established by the appropriate Revenue Act, its liability
alleged to have arisen, out of or in connection with for the tax or the amount of tax, as set forth in 65 ILCS
Contractor's performance of, or failure to perform, the 5/11-42.1-1; or (ii) a violation of either Section 33E-3 or
Work or any part thereof. Section 33E-4 of Article 33 of the Criminal Code of 1961,
720 ILCS 5/33E-1 et sea.
5. Firm Proposal
D. Qualified. Contractor has the requisite
All prices and other terms stated in this Contract are experience, ability, capital, facilities, plant, organization,
firm and shall not be subject to withdrawal, escalation, and staff to enable Contractor to perform the Work
or change. successfully and promptly and to commence and
complete the Work within the Contract Price and
6. Contractor's Representations and Warranties Contract Time set forth above.
In order to induce the Village to accept this Contract, 7. Acknowledgements
Contractor hereby represents and warrants as follows:
In submitting this Contract, Contractor
A. The Work. The Work, and all of its components, acknowledges and agrees that:
shall strictly conform to the requirements of this
Contract, including, without limitation, the performance A. Reliance. The Village is relying on all
standards set forth in Subsection 1B of this Contract; warranties, representations, and statements made by
and shall be fit, sufficient, and suitable for the purposes Contractor in this Contract.
expressed in, or reasonably inferred from, this Contract
and the warranties expressed herein shall be in addition B. Acceptance. If this Contract is accepted,
to any other warranties expressed or implied by law, Contractor shall be bound by each and every term,
which are hereby reserved unto the Village. condition, or provision contained in this Contract.
B. Compliance with Laws. The Work, and all of its C. Remedies. Each of the rights and remedies
components, shall be provided,performed, and completed reserved to the Village in this Contract shall be
in compliance with, and Contractor agrees to be bound cumulative and additional to any other or further
by, all applicable federal, state, and local laws, orders, remedies provided in law or equity or in this Contract.
rules, and regulations, as they may be modified or
amended from time to time, including without limitation D. Time. Time is of the essence in the performance
the Prevailing Wage Act, 820 ILCS 130/0.01 et 8eMc. (in of all terms and provisions of this Contract and, except
furtherance of which, a copy of Village's ordinance where stated otherwise references in this Contract to
ascertaining the prevailing rate of wages, in effect as of
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days shall be construed to refer to calendar days and basis, a certified payroll. The certified payroll shall
time. consist of a complete copy of those records required to be
made and kept by the Prevailing Wage Act. The certified
E. No Waiver. No examination, inspection, payroll shall be accompanied by a statement signed by
investigation, test, measurement, review, determination, the Contractor or subcontractor which certifies that: (1)
decision, certificate, or approval by the Village, whether such records are true and accurate; (2) the hourly rate
before or after the Village's acceptance of this Contract; paid is not less than the general prevailing rate of hourly
nor any information or data supplied by the Village, wages required by the Prevailing Wage Act; and (3)
whether before or after the Village's acceptance of this Contractor or subcontractor is aware that filing a
Contract; nor any order by the Village for the payment of certified payroll that he or she knows to be false is a
money; nor any payment for, or use, possession, or Class B misdemeanor. A general contractor may rely
acceptance of, the whole or any part of the Work by the upon the certification of a lower tier subcontractor,
Village; nor any extension of time granted by the Village; provided that the general contractor does not knowingly
nor any delay by the Village in exercising any right rely upon a subcontractor's false certification. Upon two
under this Contract; nor any other act or omission of the business days' notice, Contractor and each subcontractor
Village shall constitute or be deemed to be an acceptance shall make available for inspection the records required
of any defective, damaged, or nonconforming Work, nor to be made and kept by the Act: (i) to the Village, its
operate to waive or otherwise diminish the effect of any officers and agents, and to the Director of the Illinois
representation or warranty made by Contractor; or of Department of Labor and his or hers deputies and
any requirement or provision of this Contract; or of any agents; and (ii) at all reasonable hours at a location
remedy,power,or right of the Village. within this State.
F. Severability. It is hereby expressed to be the K. Conflicts of Interest. Contractor represents and
intent of the parties to this Contract that should any certifies that, to the best of its knowledge, (1) no elected
provision, covenant, agreement, or portion of this or appointed Village official, employee or agent has a
Contract or its application to any Person or property be personal financial interest in the business of the
held invalid by a court of competent jurisdiction, the Contractor or in this Agreement, or has personally
remaining provisions of this Contract and the validity, received payment or other consideration for this
enforceability, and application to any Person or property Agreement; (2) as of the date of this Agreement, neither
shall not be impaired thereby, but the remaining Contractor nor any person employed or associated with
provisions shall be interpreted, applied, and enforced so Contractor has any interest that would conflict in any
as to achieve, as near as may be, the purpose and intent manner or degree with the performance of the
of this Contract to the greatest extent permitted by obligations under this Agreement; and (3) neither
applicable law. Contractor nor any person employed by or associated
with Contractor shall at any time during the term of this
G. Amendments and Modifications. No amendment Agreement obtain or acquire any interest that would
or modification to this Contract shall be effective until it conflict in any manner or degree with the performance of
is reduced to writing and approved and executed by the the obligations under this Agreement.
corporate authorities of the parties in accordance with all
applicable statutory procedures. L. Exhibits and Other Agreements. If any conflict
exists between this Agreement and any exhibit attached
H. Assignment. Neither this Contract, nor any hereto or any other Agreement between the parties
interest herein, shall be assigned or subcontracted, in relating to this transaction, the terms of this Agreement
whole or in part, by Contractor except upon the prior shall prevail.
written consent of the Village.
M. No Disclosure of Confidential Information by the
I. Governing Law; Venue. This Contract shall be Consultant. The Consultant acknowledges that it
governed by, construed and enforced in accordance with shall, in performing the Services for the Village under
the internal laws, but not the conflicts of laws rules, of this Agreement, have access, or be directly or
the State of Illinois. Venue for any action arising out of indirectly exposed, to Confidential Information. The
or due to this Contract shall be in the Circuit Court for Consultant shall hold confidential all Confidential
DuPage County, Illinois.
Information and shall not disclose or use such
J. Certified Payrolls. Contractor shall, in Confidential Information without the express prior
accordance with Section 5 of the Illinois Prevailing Wage written consent of the Village. The Consultant shall
Act, 820 ILCS 130/5, submit to the Village, on a monthly use reasonable measures at least as strict as those the
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Consultant uses to protect its own confidential the Consultant to execute a nondisclosure agreement
information. Such measures shall include, without before obtaining access to Confidential Information.
limitation, requiring employees and subcontractors of
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed, effective on
Apf /J `2020.
ATTEST: VILLAGE OF OAK BRO an Illinois
municipa orporation /
r
By: Bv:
Village Clerk Village Manager
ATTEST: CRYDER ENTERPRISES,INC.
By:r` By:
Its: Its:, L"S r db
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EXHIBIT A
Proposal Dated January 29, 2020)
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CRYDER ENTERPRISES, INC.
17160 Brisbin Rd.
Minooka, IL 60447
Cell (815)405-6744
Fax (815)467-1820
TO: Village of Oak Brook
Public Works — Attn: Pat Toland
3003 Jorie Blvd.
Oak Brook, IL 60523
FAX: 630-368-5295
DATE: January 29, 2020
MOTE:
RE: Fire Hydrants-2020, 2021, 2022, 2023, 2024
The cost to sandblast, prime, paint, including labor is $80.00 per hydrant. Paint
color is green.
This is a five year agreement.
All paint is lead-free and by PPG.
Let me know if we may schedule this work.
Thank you.
Scott Cryder
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,
volunteers and agents for losses arising from work performed by the insured for the Village.
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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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