B&T Tennis Club Pool Reno Repairs Project VILLAGE OF OAK BROOK
CONTRACT FOR THE
BATH &TENNIS CLUB POOL RENOVATION REPAIRS PROJECT
Full Name of Contractor: Schaefges Brothers, Inc. ("Contractor")
Principal Office Address: 851 Seton Court, Suite 2A, Wheeling, Illinois 60090-5790
Contact Person: Kenneth Schaefges, President 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. Quality. 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 Pool Renovation Repairs 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 March 18, 2022, 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.
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D. Inspection/Testing/Resection. 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 Contract ("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 30, 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
$135,000.00. 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.
One Hundred and Thirty Five Thousand 4. Financial Assurance
Dollars Only
A. Bonds. If the total contract cost is $20,000 or
B. BASIS FOR DETERMINING PRICES more, the Contractor acknowledges and agrees
that Contractor shall provide a Performance
It is expressly understood and agreed that: Bond, on forms provided by, or otherwise
acceptable to, the Village, from a surety
1. All prices stated in the Schedule of Prices company acceptable to the Village, each in the
are firm and shall not be subject to penal sum of the Contract Price, within 10 days
escalation or change; following the Village's acceptance of this
Contract.
2. The Village is not subject to state or local
sales, use, and excise taxes, that no such B. Insurance. Contractor acknowledges and agrees
taxes are included in the Schedule of Prices, that Contractor shall provide certificates of
and that all claim or right to claim any insurance evidencing the minimum insurance
additional compensation by reason of the coverages and limits set forth in Exhibit B
payment of any such tax is hereby waived within 10 days following the Village's acceptance
and released; of this Contract. Such policies shall be in form,
and from companies, acceptable to the Village.
3. All other applicable federal, state, and local The insurance coverages and limits set forth
taxes of every kind and nature applicable to Exhibit B shall be deemed minimum coverages
the Work are included in the Schedule of and limits and shall not be construed in any way
Prices. as a limitation on Contractor's duty to carry
adequate insurance or on Contractor's liability
C. TIME OF PAYMENT for losses or damages under this Contract. The
minimum insurance coverages and limits that
It is expressly understood and agreed that final shall be maintained at all times while providing,
payment shall be made upon completion of the performing, or completing the Work are as set
work and final approval by the Village. forth in Exhibit B.
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B. Indemnification. Contractor acknowledges and delinquency in the payment of any tax administered by
agrees that Contractor shall indemnify and save the Illinois Department of Revenue unless Contractor is
harmless the Village its officers, officials, employees and contesting, in accordance with the procedures
volunteers, against all damages, liability, claims, losses, established by the appropriate Revenue Act, its liability
and expenses (including attorneys' fee)that may arise, or for the tax or the amount of tax, as set forth in 65 ILCS
be alleged to have arisen, out of or in connection with 5/11-42.1-1; or (ii) a violation of either Section 33E-3 or
Contractor's performance of, or failure to perform, the Section 33E-4 of Article 33 of the Criminal Code of 1961,
Work or any part thereof, or any failure to meet the 720 ILCS 5/33E-1 et seq.
representations and warranties set forth in Section 6 of
this Contract. D. Qualified. Contractor has the requisite
experience, ability, capital, facilities, plant, organization,
C. Penalties. Contractor acknowledges and agrees and staff to enable Contractor to perform the Work
that Contractor shall be solely liable for any fines or civil successfully and promptly and to commence and
penalties that are imposed by any governmental or complete the Work within the Contract Price and
quasi-governmental agency or body that may arise, or be Contract Time set forth above.
alleged to have arisen, out of or in connection with
Contractor's performance of, or failure to perform, the 7. Acknowledgements
Work or any part thereof.
In submitting this Contract, Contractor
5. Firm Proposal acknowledges and agrees that:
All prices and other terms stated in this Contract are A. Reliance. The Village is relying on all
firm and shall not be subject to withdrawal, escalation, warranties, representations, and statements made by
or change. Contractor in this Contract.
6. Contractor's Representations and Warranties B. Acceptance. If this Contract is accepted,
Contractor shall be bound by each and every term,
In order to induce the Village to accept this Contract, condition, or provision contained in this Contract.
Contractor hereby represents and warrants as follows:
C. Remedies. Each of the rights and remedies
A. The Work. The Work, and all of its components, reserved to the Village in this Contract shall be
shall strictly conform to the requirements of this cumulative and additional to any other or further
Contract, including, without limitation, the performance remedies provided in law or equity or in this Contract.
standards set forth in Subsection 113 of this Contract;
and shall be fit, sufficient, and suitable for the purposes D. Time. Time is of the essence in the performance
expressed in, or reasonably inferred from, this Contract of all terms and provisions of this Contract and, except
and the warranties expressed herein shall be in addition where stated otherwise references in this Contract to
to any other warranties expressed or implied by law, days shall be construed to refer to calendar days and
which are hereby reserved unto the Village. time.
B. Compliance with Laws. The Work, and all of its E. No Waiver. No examination, inspection,
components, shall be provided,performed, and completed investigation, test, measurement, review, determination,
in compliance with, and Contractor agrees to be bound decision, certificate, or approval by the Village, whether
by, all applicable federal, state, and local laws, orders, before or after the Village's acceptance of this Contract;
rules, and regulations, as they may be modified or nor any information or data supplied by the Village,
amended from time to time, including without limitation, whether before or after the Village's acceptance of this
if applicable, the Prevailing Wage Act, 820 ILCS Contract; nor any order by the Village for the payment of
130/0.01 et seq.; any other prevailing wage laws; any money; nor any payment for, or use, possession, or
statutes requiring preference to laborers of specified acceptance of, the whole or any part of the Work by the
classes; any statutes prohibiting discrimination because Village; nor any extension of time granted by the Village;
of, or requiring affirmative action based on, race, creed, nor any delay by the Village in exercising any right
color, national origin, age, sex, or other prohibited under this Contract; nor any other act or omission of the
classification; and any statutes regarding safety or the Village shall constitute or be deemed to be an acceptance
performance of the Work. Further, Contractor shall of any defective, damaged, or nonconforming Work, nor
have a written sexual harassment policy in compliance operate to waive or otherwise diminish the effect of any ,
with Section 2-105 of the Illinois Human Rights Act representation or warranty made by Contractor; or of
during the course of the work. 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
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provision, covenant, agreement, or portion of this available on the Department's Official website, or
Contract or its application to any Person or property be determined by the court on review, shall be paid for each
held invalid by a court of competent jurisdiction, the craft or type of worker needed to execute this contract or
remaining provisions of this Contract and the validity, to perform such work, and it shall be mandatory upon
enforceability, and application to any Person or property the contractor to whom the contract is awarded and upon
shall not be impaired thereby, but the remaining any subcontractor under him, to pay not less than the
provisions shall be interpreted, applied, and enforced so specified rates to all laborers, workers and mechanics
as to achieve, as near as may be, the purpose and intent employed by them in the execution of this contract.
of this Contract to the greatest extent permitted by
applicable law. L. Conflicts of Interest. Contractor represents and
certifies that, to the best of its knowledge, (1) no elected
G. Amendments and Modifications. No amendment or appointed Village official, employee or agent has a
or modification to this Contract shall be effective until it personal financial interest in the business of the
is reduced to writing and approved and executed by the Contractor or in this Agreement, or has personally
corporate authorities of the parties in accordance with all received payment or other consideration for this
applicable statutory procedures. Agreement; (2) as of the date of this Agreement, neither
Contractor nor any person employed or associated with
H. Assignment. Neither this Contract, nor any Contractor has any interest that would conflict in any
interest herein, shall be assigned or subcontracted, in manner or degree with the performance of the
whole or in part, by Contractor except upon the prior obligations under this Agreement; and (3) neither
written consent of the Village. Contractor nor any person employed by or associated
with Contractor shall at any time during the term of this
I. Governing Law; Venue. This Contract shall be Agreement obtain or acquire any interest that would
governed by, construed and enforced in accordance with conflict in any manner or degree with the performance of
the internal laws, but not the conflicts of laws rules, of the obligations under this Agreement.
the State of Illinois. Venue for any action arising out of
or due to this Contract shall be in the Circuit Court for M. Exhibits and Other Agreements. If any conflict
DuPage County, Illinois. exists between this Agreement and any exhibit attached
hereto or any other Agreement between the parties
J. Certified Payrolls. Contractor shall, in relating to this transaction, the terms of this Agreement
accordance with Section 5 of the Illinois Prevailing Wage shall prevail.
Act, 820 ILLS 130/5, submit to the Village, and upon
activation of the database provided by 820 ILCS 130/5.1 N. No Disclosure of Confidential Information by
to the Department of Labor, on a monthly basis, a the Consultant. The Consultant acknowledges that it
certified payroll. The certified payroll shall consist of a shall, in performing the Services for the Village under
complete copy of those records required to be made and this Agreement, have access, or be directly or
kept by the Prevailing Wage Act. The certified payroll
indirectly exposed, to Confidential Information. The
shall be accompanied by a statement signed by the
Contractor or subcontractor which certifies that: (1) such Consultant shall hold confidential all Confidential
records are true and accurate; (2) the hourly rate paid is Information and shall not disclose or use such
not less than the general prevailing rate of hourly wages Confidential Information without the express prior
required by the Prevailing Wage Act; and (3) Contractor written consent of the Village. The Consultant shall
or subcontractor is aware that filing a certified payroll use reasonable measures at least as strict as those the
that he or she knows to be false is a Class A Consultant uses to protect its own confidential
misdemeanor. A general contractor may rely upon the information. Such measures shall include, without
certification of a lower tier subcontractor, provided that limitation, requiring employees and subcontractors of
the general contractor does not knowingly rely upon a the Consultant to execute a non-disclosure agreement
subcontractor's false certification. Upon seven business before obtaining access to Confidential Information.
days' notice, Contractor and each subcontractor shall
make available for inspection and copying at a location
within this State during reasonable hours, the records
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
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IN WITNESS WHEREOF the parties hereto VILLAGE OF O.AK BROOK, an Illinois
have cauaee this lgref?ment to be executed, municipal corporation
effective on ( _7 . 2022.
ATTE'
By:
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Village Clerk
By: By:
—4usan arec i-
Its: Corporate Secretary mitts: /' i51�G Nl-
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EXHIBIT A
(PROPOSAL DATED MARCH 18, 2022)
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S
ral Contractors
Schaef9es Brothers,Inc.;851 Seton Court,Suite 2A,Wheeling,Illinois 60090-5790
Tel(847)537-3330•Fax(847)537-7439•w-Av.sbigc.com
March 18,2022
Rick Valent
Village of Oak Brook
3003 Jorie Blvd
Oak Brook,IL 60523
Re: Oakbrook Tennis and Bath Club Renovation-REVISED
Gentlemen,
As requested,we have reviewed W.T.Group's correspondence dated 02/24/22 and drawings
SP-1—SP-14 to develop this proposal. Our specific scope is as follows.
1. Drawing SP-1 option#1 -break up and remove concrete deck,excavate 6"and remove and
install 6"of topsoil
2. Drawing SP-8 Item#12
3. Drawing SP-9 Items#13 -#27
4. Drawing SP-11 Items#30 and#31
$75,000.00
Furnish and install starting platforms: $35,000.00
Unforeseen contingency allowance: $25,000.00
TOTAL COST: $135,000.00
Exclusions
1. Bonds,permits or fees of any kind
2. Protection of existing surfaces
3. Cleaning
4. Startup of systems
5. Electrical work
-' 6. Painting or finishes of any kind
If you have any question or require additional pricing,please contact us at your convenience.
Kenneth Schaefges
President
KS/js
VILLAGE OF OAKBROOK TENNIS AND BATH CLUB RENO PROP 031822
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.
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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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