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B&T High Dive Stand Repair Project VILLAGE OF OAK BROOK CONTRACT FOR THE BATH &TENNIS CLUB HIGH DIVE STAND REPAIR PROJECT Full Name of Contractor: Schaefges Brothers, Inc. ("Contractor") Principal Office Address: 851 Seton Court, Suite 2A, Wheeling, Illinois 60090-5790 Contact Person: Chad Karecki, Project Manager Telephone Number: (847)537-3330 TO: Village of Oak Brook("Village") 1200 Oak Brook Road Oak Brook, Illinois Attention: Rick Valent, 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. 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 5. Miscellaneous. Do all other things required specified and described, and upon the terms and of Contractor by this Contract; and conditions set forth, in this Contract, all of the following, all of which is herein referred to as the"Work": 6. Qualit . Provide, perform, and complete all of the foregoing in a proper and workmanlike 1. Labor, Equipment. Materials and Supplies. manner, consistent with the standards of Provide, perform, and complete, in the recognized professional firms in performing manner specified and described in this Work of a similar nature, in full compliance Contract, all necessary work, labor, services, with, and as required by or pursuant, to this transportation, equipment, materials, Contract, and with the greatest economy, supplies, information, data, and other means efficiency, and expedition consistent and items necessary for the Bath & Tennis therewith, with only new, undamaged, and Club High Dive Stand Repair Project, as first quality equipment, materials, and specified in Exhibit A attached hereto, at supplies. 800 Oak Brook Road, Oak Brook, Illinois 60523 ("Work Site"); B. Performance Standards. Contractor acknowledges and agrees that all Work shall be fully 2. Permits. The Village will furnish all provided, performed, and completed in accordance with permits, licenses, and other governmental Proposal dated October 1, 2021, attached hereto as approvals and authorizations necessary in Exhibit A. connection therewith; C. Responsibility for Damage or Loss. Contractor 3. Insurance. Procure and furnish insurance proposes, and agrees, that Contractor shall be certificates specified in this Contract; responsible and liable for, and shall promptly and without charge to Village repair or replace, any damage 4. Taxes. Pay all applicable federal, state, and done to, and any loss or injury suffered by, the Village, local taxes; the Work, the Work Site, or other property or persons as a result of the Work. 1 D. Inspection/Testing/Rejection. Village shall have the right to inspect all or any part of the Work and to All payments may be subject to deduction or reject all or any part of the Work that is, in Village's setoff by reason of any failure of Contractor to judgment, defective or damaged or that in any way fails perform under this Contract. Each payment to conform strictly to the requirements of this Contract shall include Contractor's certification of the and the Village, without limiting its other rights or value of, and partial or final waivers of lien remedies, may require correction or replacement at covering, all Work for which payment is then Contractor's cost, perform or have performed all Work requested and Contractor's certification that all necessary to complete or correct all or any part of the prior payments have been properly applied to Work that is defective, damaged, or nonconforming and the payment or reimbursement of the costs with charge Contractor with any excess cost incurred thereby, respect to which they were paid. or cancel all or any part of any order or this Contract. Work so rejected may be returned or held at Contractor's 3. Contract Time expense and risk. Contractor acknowledges and agrees that Contractor 2. Contract Price shall commence the Work within 15 days (weather permitting) following the Village's acceptance of this Contractor acknowledges and agrees that Contractor Contract provided Contractor shall have furnished to the shall take in full payment for all Work and other matters Village all bonds and all insurance certificates specified set forth under Section 1 above, including overhead and in this Confract ("Commencement Date"). Contractor profit; taxes, contributions, and premiums; and further acknowledges and agrees that Contractor shall compensation to all subcontractors and suppliers, the perform the Work diligently and continuously and shall compensation set forth below. complete the Work not later than April 1, 2022 ("Time of Performance"). The Village may modify the Time of A. SCHEDULE OF PRICES Performance at any time upon 15 days prior written notice to the Contractor. Delays caused by the Village For providing, performing, and completing all shall extend the Time of Performance; provided, Work, the Not-To-Exceed Contract Price of however, that Contractor shall be responsible for $19,750.00 completion of all Work within the Time of Performance, notwithstanding any strike or other work stoppage by TOTAL CONTRACT PRICE(in writing): employees of either Contractor or of the Village. Nineteen Thousand Seven Hundred and 4. Financial Assurance Fifty Dollars Only A. Insurance. Contractor acknowledges and agrees B. BASIS FOR DETERMINING PRICES that Contractor shall provide certificates of insurance evidencing the minimum insurance It is expressly understood and agreed that: coverages and limits set forth in Exhibit B within 10 days following the Village's acceptance 1. All prices stated in the Schedule of Prices of this Contract. Such policies shall be in form, are firm and shall not be subject to and from companies, acceptable to the Village. escalation or change; The insurance coverages and limits set forth Exhibit B shall be deemed minimum coverages 2. The Village is not subject to state or local and limits and shall not be construed in any way sales, use, and excise taxes, that no such as a limitation on Contractor's duty to carry taxes are included in the Schedule of Prices, adequate insurance or on Contractor's liability and that all claim or right to claim any for losses or damages under this Contract. The additional compensation by reason of the minimum insurance coverages and limits that payment of any such tax is hereby waived shall be maintained at all times while providing, and released; 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 B. Indemnification. Contractor acknowledges and the Work are included in the Schedule of agrees that Contractor shall indemnify and save Prices. harmless the Village its officers, officials, employees and volunteers, against all damages, liability, claims, losses, C. TIME OF PAYMENT and expenses (including attorneys' fee)that may arise, or be alleged to have arisen, out of or in connection with It is 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. 2 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 C. 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 performance of the Work. Further, Contractor shall have a written sexual harassment policy in compliance Work, nor operate to waive or otherwise diminish the with Section 2-105 of the Illinois Human Rights Act effect of any representation or warranty made by during the course of the work. Contractor; or of any requirement or provision of this Contract;or of any remedy, power, or right of the Village. C. Not Barred. Contractor is not barred by law from contracting with the Village or with any other unit F. Severability. It is hereby expressed to be the of state or local government as a result of (i) a intent of the parties to this Contract that should any delinquency in the payment of any tax administered by provision, covenant, agreement, or portion of this the Illinois Department of Revenue unless Contractor is Contract or its application to any Person or property be contesting, in accordance with the procedures held invalid by a court of competent jurisdiction, the established by the appropriate Revenue Act, its liability remaining provisions of this Contract and the validity, for the tax or the amount of tax, as set forth in 65 ILCS enforceability, and application to any Person or property 5/11-42.1-1; or (ii) a violation of either Section 33E-3 or shall not be impaired thereby, but the remaining Section 33E-4 of Article 33 of the Criminal Code of 1961, provisions shall be interpreted, applied, and enforced so 720 ILCS 5/33E-1 et sea. as to achieve, as near as may be, the purpose and intent 3 of this Contract to the greatest extent permitted by any subcontractor under him, to pay not less than the applicable law. specified rates to all laborers, workers and mechanics employed by them in the execution of this contract. G. Amendments and Modifications. No amendment or modification to this Contract shall be effective until it L. Conflicts of Interest. Contractor represents and is reduced to writing and approved and executed by the certifies that, to the best of its knowledge, (1) no elected corporate authorities of the parties in accordance with all or appointed Village official, employee or agent has a applicable statutory procedures. personal financial interest in the business of the Contractor or in this Agreement, or has personally H. Assignment. Neither this Contract, nor any received payment or other consideration for this interest herein, shall be assigned or subcontracted, in Agreement; (2) as of the date of this Agreement, neither whole or in part, by Contractor except upon the prior Contractor nor any person employed or associated with written consent of the Village. Contractor has any interest that would conflict in any manner or degree with the performance of the I. Governing Law; Venue. This Contract shall be obligations under this Agreement; and (3) neither governed by, construed and enforced in accordance with Contractor nor any person employed by or associated the internal laws, but not the conflicts of laws rules, of with Contractor shall at any time during the term of this the 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 Court for conflict in any manner or degree with the performance of DuPage County, Illinois. the obligations under this Agreement. J. Certified Payrolls. Contractor shall, in M. Exhibits and Other Agreements. If any conflict accordance with Section 5 of the Illinois Prevailing Wage exists between this Agreement and any exhibit attached Act, 820 ILCS 130/5, submit to the Village, and upon hereto or any other Agreement between the parties activation of the database provided by 820 ILCS 130/5.1 relating to this transaction, the terms of this Agreement to the Department of Labor, on a monthly basis, a shall prevail. certified payroll. The certified payroll shall consist of a complete copy of those records required to be made and N. No Disclosure of Confidential Information by kept by the Prevailing Wage Act. The certified payroll shall be accompanied by a statement signed by the the Consultant. The Consultant acknowledges that it shall, in performing the Services for the Village under Contractor or subcontractor which certifies that: (1) such records are true and accurate; (2) the hourly rate paid is this Agreement, have access, or be directly or not less than the general prevailing rate of hourly wages indirectly exposed, to Confidential Information. The required by the Prevailing Wage Act; and (3) Contractor Consultant shall hold confidential all Confidential or subcontractor is aware that filing a certified payroll Information and shall not disclose or use such that he or she knows to be false is a Class A Confidential Information without the express prior misdemeanor. A general contractor may rely upon the written consent of the Village. The Consultant shall certification of a lower tier subcontractor, provided that use reasonable measures at least as strict as those the the general contractor does not knowingly rely upon a Consultant uses to protect its own confidential subcontractor's false certification. Upon seven business information. Such measures shall include, without days' notice, Contractor and each subcontractor shall limitation, requiring employees and subcontractors of make available for inspection and copying at a location the Consultant to execute a nondisclosure agreement within this State during reasonable hours, the records before obtaining access to Confidential Information. required to be made and kept by the Act to: (i) the Village, its officers and agents; (ii) the Director of Labor and his deputies and agents; and (iii)to federal, State, or local law enforcement agencies and prosecutors. K. Prevailing Wage. Pursuant to Section 4 of the Illinois Prevailing Wage Act, 820 ILCS 130/4, Contractor agrees and acknowledges that not less than the applicable rate of prevailing of wages, as found or ascertained by the Department of Labor and made available on the Department's Official website, or determined by the court on review, shall be paid for each craft or type of worker needed to execute this contract or to perform such work, and it shall be mandatory upon the contractor to whom the contract is awarded and upon 4 IN �iTTNESS WHEREOF the parties hereto VILLAGE OF OAK BROOK, an Illinois havn causn.4L.,ttir Agvvenwn't�to be executed, municipal corpnration c ffPrtite on 2021. RY 'i -- Its: (2 /Z�z� Its: 5 EXHIBIT A (PROPOSAL DATED OCTOBER 1, 2021) 6 BIN General Contractors Schadges Brothers, Inc. /851 Seton Cour„Suite 2A,Wheeling,Illinois 60090-5790 Tel(847)537-3330•Fax(847)537-7439 www.sbigc.com October 1,2021 Mr. Doug Hrboa, Village of Oak Brook 1200 Oak Brook Road Oak Brook,IL 60523 Re: Proposal—Oak Brook Bath and Tennis Club High Dive Stand Replacement Mr.Hroba, As requested,we have developed this proposal for the replacing the high dive Duraftim short stand.Our specific scope is as follows. I. Demolish and the existing failing concrete,anchors,and stand on the high dive. 2. Install dowels into the existing high dive concrete stand 3. Cast in new Durafirm anchors in concrete repair mortar 4. Supply&install a new Durafirm short stand on the new anchors 5. Install existing diving board on the new stand Total: $19,750.00 Exclusions/Qualifications 1. Permits or bonds of any kind 2. Painting 3. Plumbing Respectfully Submitted, Chad Karecki Project manager OAK BROOK BATH AND TENNIS CLUB HIGH DIVE REPLACEMENT 100121 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, by either 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. 7 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. 8