Soccer Building Window Replacement Project VILLAGE OF OAK BROOK
CONTRACT FOR THE
SOCCER BUILDING WINDOW REPLACEMENT PROJECT
Full Name of Contractor: Gilkey Window Company("Contractor'')
Principal Office Address: 10160 Virginia Avenue, Chicago Ridge, Illinois 60415
Contact Person:Neil Lazarski Telephone Number:(708)368-1361
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.
1. Work
A. Contract and Work. Contractor acknowledges,
and agrees, that Contractor shall, at its sole cost and 5. Miscellaneous. Do all other thi
expense, provide, perform, and complete, in the manner nrequired
specified and described, and upon the terms and of Contractor by this Contract;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 g ng in a proper and workmanlike
1. Labor Eauinment Materials and Su nli s. manner, consistent with the standards of
Provide D— recognized professional firms in performing
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
transportation, equipment, materials, efficiency, greatest economy,
and expedition consistent
supplies, information, data, and other means therewith, with only new, undamaged, and
and items necessary for the Soccer Building first quality equipment, materials, and
Window Installation Project, as specified in supplies.
Exhibit A attached hereto, at 700 Oak Brook
Road, Brook Road, Oak Brook, Illinois 60523 B. Performance Standards. Contractor
("Work Site"); acknowledges and agrees that all Work shall be fully
provided, performed, and completed in accordance with
2. Permits. The Village will furnish all the proposal date September 6, 2019, attached hereto as
permits, licenses, and other governmental Exhibit A.
approvals and authorizations necessary in
connection therewith; C. Responsibility for Damage or Loss. Contractor
proposes, and agrees, that Contractor shall be
3. Insurance. Procure and furnish insurance responsible and liable for, and shall promptly and
certificates specified in this Contract; without charge to Village repair or replace, any damage
done to, and any loss or injury suffered by, the Village,
4. Taxes. Pay all applicable federal, state, and the Work, the Work Site, or other property or persons as
local taxes; a result of the Work.
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D. Insnection/Testine/R kdion. Village shall have
the right to inspect all or any part of the Work and to
reject all or any part of the Work that is, in Village's All Payments may be subject to deduction or
setoff by reason of any failure of Contractor to
judgment, defective or damaged or that in any way fails perform under this Contract. Each
to conform strictly to the requirements of this Contract payment
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 coat
perform or have performed all Work requested and Contractor's certification that all
necessary to complete or correct all or any part of the
Work that is defective, damaged, or nonconformingand PHOT Payments have been properly applied to
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.
2. Contract Price Contractor acknowledges and agrees that Contractor
shall commence the Work within 15 days (weather
Contractor acknowledges Permitting) following the Village's acceptance of this
dges and agrees ees 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
compensation set forth below. Perform the Work diligently and continuously and shall
complete the Work not later than December 31, 2019
A. SCHEDULE OF PRICES ("7Yme of Performance"). The Village may modify the
Time of Performance at any time upon 15 days prior
written notice to the Contractor. Delays caused by the
For providing, performing, and completing all Village shall extend the Time of Performance; provided,
Work, the total Contract Price of$6,406.00 however, that Contractor shall be responsible for
completion of all Work within the Time of Performance,
TOTAL CONTRACT PRICE(in writing): notwithstandingan strike or other work stoppage Y by
Six Thousand Four Hundred and Six Dollars employees of either Contractor or of the Village.
Only 4. Financial Assurance
B. BASIS FOR DETERMINING PRICES A. Insurance. Contractor acknowledges and agrees
that Contractor shall provide certificates of insurance
It is expressly understood and agreed that: evidencing the minimum insurance coverages and limits
set forth in
the
1. All prices stated in the Schedule of Prices Village's acceptance lof this Ct B ontract.10 Such ys policies a all
are firm and shall not be subject to be in form, and from companies, acceptable to the
escalation or change; Village. The insurance coverages and limits set forth
Exhibit B shall be deemed to be minimum coverages and
2. The Village is not subject to state or local limits and shall not be construed in any way as a
sales, use, and excise taxes, that no such limitation on Contractor's duty to carry adequate
taxes are included in the Schedule of Prices, insurance or on Contractor's liability for losses or
and that all claim or right to claim any damages under this Contract. The minimum insurance
additional compensation by reason of the coverages and limits that shall be maintained at all
payment of any such tax is hereby waived times while providing, performing, or completing the
and released; 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 indem
Prices. nify
and save
harmless the Village its officers, officials, ployees and
C. TIME OF PAYMENT 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
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.
representations and warranties set forth in Section 6 of
this Contract.
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D. ualified. Contractor has the requisite
D. Penalties. Contractor acknowledges and agrees experience, ability, capital, facilities,plant, organization,
that Contractor shall be solely liable for any fines or civil and staff to enable Contractor to perform the Work
penalties that are imposed by any governmental or successfully and promptly and to commence and
quasi-governmental agency or body that may arise, or be complete the Work within the Contract Price and
alleged to have arisen, out of or in connection with Contract Time set forth above.
Contractor's performance of, or failure to perform, the
Work or any part thereof. 7. Acknowledgements
5. Firm Proposal In submitting this Contract, Contractor
All prices and other terms stated in this Contract are acknowledges and agrees that:
firm and shall not be subject to withdrawal, escalation, A. Reliance. The Village is relying on all
or change. warranties, representations, and statements made by
6. Contractor's Re resentations and Warranties Contractor in this Contract.
In order to induce the Village to accept this Contract, B Accep nce. If this Contract is accepted,
Contractor shall be bound by each and every term,
Contractor hereby represents and warrants as follows: condition,or provision contained in this Contract.
A. The Work. The Work, and all of its components, C. Remedies. Each of the rights and remedies
shall strictly conform to the requirements of this reserved to the Village in this Contract shall be
Contract, including, without limitation, the performance cumulative and additional to any other or further
standards set forth in Subsection 1B of this Contract; remedies provided in law or equity or in this Contract.
and shall be fit, sufficient, and suitable for the purposes
expressed in, or reasonably inferred from, this Contract D. Time. Time is of the essence in the performance
and the warranties expressed herein shall be in addition of all terms and provisions of this Contract and, except
to any other warranties expressed or implied by law, where stated otherwise references in this Contract to
which are hereby reserved unto the Village. days shall be construed to refer to calendar days and
B. Compliance with Laws. The Work, and all of its time.
components,shall be provided,performed, and completed E. No Waiver. No examination, inspection,
in compliance with, and Contractor agrees to be bound investigation, test, measurement, review, determination,
by, all applicable federal, state, and local laws, orders, decision, certificate, or approval by the Village, whether
rules, and regulations, as they may be modified or before or after the Village's acceptance of this Contract;
amended from time to time,including without limitation, nor any information or data supplied by the Village,
if applicable, the Prevailing Wage Act, 820 ILCS whether before or after the Village's acceptance of this
130/0.01 et sea.; any other prevailing wage laws; any Contract;nor any order by the Village for the payment of
statutes requiring preference to laborers of specified money;• nor an
classes; any statutes prohibiting discrimination because Y Payment for, or use, possession, or
of, or reuiri acceptance of; the whole or any part of the Work by the
q ng affirmative action based on, race, creed, Village;nor any extension of time granted by the Village;
color, national origin, age, sex, or other prohibited nor any delay by the Village in exercising
classification; and any statutes regarding safety or the under this Contract; nor any other act or omission of t
ohe
performance of the Work. Further, Contractor shall Village shall constitute or be deemed to be an acceptance
have a written sexual harassment policy in compliance of any defective, damaged, or nonconforming Work, nor
with Section 2-105 of the Illinois Human Rights Act operate to waive or otherwise diminish the effect of any
during the course of the work. representation or warranty made by Contractor; or of
any requirement or provision of this Contract; or of any
C. Not Barred. Contractor is not barred by law remedy,power, or right of the Village.
from contracting with the Village or with any other unit
of state or local government as a result of (i) a F. Severability. It is hereby expressed to be the
delinquency in the payment of any tax administered by intent of the parties to this Contract that should any
the Illinois Department of Revenue unless Contractor is
Provision, covenant, agreement, or portion of this
contesting, in accordance with the procedures
established b the Contract or its application to any Person or property be
Y ppropriate Revenue Act, its liability held invalid by a court of competent jurisdiction, the
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 remaining provisions of this Contract and the validity,
enforceability, and application to any Person or property
Section 33E-4 of Article 33 of the Criminal Code of 1961
Section
5/33E-1 et seq. 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
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of this Contract to the greatest extent permitted by Department of Labor and his or hers deputies and
applicable law. agents; and (ii) at all reasonable hours at a location
G. Amendments and Modifications. No amendment within this State.
or modification to this Contract shall be effective until it K _Conflicts of Interest. Contractor represents and
is reduced to writing and approved and executed by the certifies that, to the best of its knowledge, (1) no elected
corporate authorities of the parties in accordance with all or appointed Village official, officer, employee, or agent
applicable statutory procedures. has a 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 L, Exhibits and Other
accordance with Section 5 of the Illinois Prevailing Wage 't a "" "• If any conflict exists
Act, 820 ILCS 130/5, submit to the Village, on a monthly between this Agreement and any exhibit attached hereto
basis, a certified payroll, if applicable. The certified or any other Agreement between the parties relating to
payroll shall consist of a complete copy of those records this transaction, the terms of this Agreement shall
required to be made and kept by the Prevailing Wage prevail.
Act. The certified payroll shall be accompanied by a
statement signed by the Contractor or subcontractor M. No Disclosu_*e of Confidential Infnrms�t;nr� by the
which certifies that: (1) such records are true and Consultant. The Consultant acknowledges that it
accurate; (2) the hourly rate paid is not less, if shall, in performing the Services for the Village under
applicable, than the general prevailing rate of hourly this Agreement, have access, or be directly or
wages required by the Prevailing Wage Act; and (3) indirectly exposed, to Confidential Information. The
Contractor or subcontractor is aware that filing a Consultant shall hold confidential all Confidential
certified payroll that he or she knows to be false is a Information and shall not disclose or use such
Class B misdemeanor. A general contractor may rely Confidential Information without the express prior
upon the certification of a lower tier subcontractor, written consent of the Village. The Consultant shall
provided that the general contractor does not knowingly use reasonable measures at least as strict as those the
rely upon a subcontractor's false certification. Upon two Consultant uses to protect its own confidential
business days'notice, Contractor and each subcontractor information. Such measures shall include, without
shall make available for inspection the records required limitation, requiring employees and subcontractors of
to be made and kept by the Act: (i) to the Village, its the Consultant to execute a nondisclosure agreement
officers and agents, and to the Director of the Illinois before obtaining access to Confidential Information.
IN WITNESS WHEREOF the parties hereto VILLAGE OF OAK BROOK, an Illinois
have cause his Agreement to be executed, municipal corporation
effective on I 2019.
By- By:
Village Clerk ��
Village Manager
ATTEST: GILKE
B
By: y:
its:
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EXHIBIT A
(PROPOSAL DATED SEPTEMBER 6,2019)
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CHMOO RIDGE
Cindti,OH 46241 10180 Avenue 487 W.Nor sy
(-80j 769.4527 C � 15 . Pal albts,it
GI L� ,�00 678-777, 2292940
WINDOW COMPANY 2199 VO&srOATram 1883Swa ,�201
WWWAKXEVAM Louwift.Ky 40299
D CH 7-878-fib 1"
OWNER'S WIDOW PRE-PURCHASE SUMMARY ,
Customer "7 d
JHom Phone
Address Ito' City Vt4lL �� Work Phone
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State
Dees—___ g.- �-•!S
FRAME a SASH FEATURES: /.1 Y. Pa�' ADpEI)FEATURES:
Me"gauge window isms,
MUM-Ctmft tiered des 1'deep double weatlter-ehipped inbdoddng rail
Triple w8alhDr-s • $ Teflon coated half and fug saMm available
Quad weather Pm9 at ab corded points on sash ���g on�cesemertS&awnings
-strip (no single
head and seat Easy dean options
Double walls LAS(no single ES; Block and Tadde Balance System
STANDARD GLASS FEATURES: INSTALLATION FEATURES:
Numerous gloss features in address your homes Low expanding foam sealed exterior
DualspwsC needs Custom durnirurn trim pads
Dual sealed for Insideexkue d sed ide G Complele debris removal
Grids av�ble aside and pia�g�
V groove glees available permit If necessay
NATIONAL CREDITS: Licensed/Bonded/Insured
AAA ok wii6ed Prorlucls NERC baled and wood Energy alar product label In all 4 vagim BBB a mftd msmbw
VA i D Or wbes ePndbod Note:dame to meet idwMy sfandarde as deta8ed b AS711
Double Hug,orMl and SNGng YMNlows our IV We have doubt bet. ePed�eort C 103M and c10047b.
Make of Wkmk ws: 6 8rA-61 S kmw of vwtdotvs:
� # ` Color:
pln_
Hw4L -- 2 Ula SBdw Out
3 Use Slider Picture VNftdow Fixed CaselrNlrA _ Cob Color_ tom✓ ?.�
Single Double CssemenL _ Tripled
Quad Casement ANnlirta
081er HPPer Ani Top Screens:Half Full
Glass 8look: Style Hoppw Vow
Say- Flanker Style t3ow DW Ver1t
Shea:PaintedStained No.of Utes Wood
Type of Gass:' 66 44 > '' �/,nom 5 ^9ted Color Camper.
e611da:Contour Flat PatternColonial Prairie Open Closed
Obscure Glass j. D Tempered ossa_ !�
Patio Doors(Dome with g@dlog sueen,foollock with Posies.keytodc
Site Gass Color v1NYL FlBERGLAS8
Ops
Size Glass
Options Color
Entry oor-Model#Smooth Fitlerglass.Efnbarq Snet Legacy 20 gauge
Woodgrain TextwOd S`teei: Color Out
option'sy Location
Color In
vl'"'Warranty: Lifetime Limited Transferable Lead Tim Aww*.w*
Other Details and nfaQ window options: !
AN dsw-nW=",M AppNeW0 day PdW-guar flog options Meawe.Visa,NestaiCard,Discover,App(
was° 3d5 Vb 6FF Lames02,19
EXHIBIT B
(INSURANCE REQUIREMENTS)
Certificates of Insurance shall be presented to the Village upon execution of this contract and vendor shall not
commence work until it provides and receives acceptance of insurance certificates from the Village as required by
this exhibit.
Each contractor performing any work pursuant to a contract with the Village of Oak Brook and each permittee
working under a permit as required pursuant to the provisions of Title 1 of Chapter 8 of the Code of Ordinances of
the Village of Oak Brook (hereinafter referred to as "Insured") shall be required to carry such insurance as
specified herein. Such contractor and permittee shall procure and maintain for the duration of the contract or
permit insurance against claims for injuries to persons or damages to property which may arise from or in
connection with the performance of the work under the contract or permit,either by the contractor,permittee, or
their agents,representatives,employees or subcontractors.
A contractor or permittee shall maintain insurance with limits no less than:
A. General Liability - $2,000,000 combined single limit per occurrence for bodily injury, personal injury and
Property damage;
B. Automobile Liability (if applicable) - $1,000,000 combined single limit per accident for bodily injury and
property damage;
C. Worker's Compensation and Employer's Liability-Worker's Compensation limits as required by the Labor
Code of the State of Illinois and Employer's Liability limits of$1,000,000 per accident.
Any deductibles or self-insured retention must be declared to and approved by the Village. At the option of the
Village, either the insurer shall reduce or eliminate such deductible or self-insured retention as respects the
Village, its officers, officials, employees and volunteers; or the Insured shall procure a bond guaranteeing
payment of losses and related investigations, claim administration and defense expenses to the extent of such
deductible or self-insured retention.
The policies shall contain,or be endorsed to contain, the following provisions:
D. General Liability and Automobile Liability Coverage-
(1)The Village,its officers,officials,employees and volunteers are to be covered as additional insureds as
respects: liability arising out of activities performed by or on behalf of the Insured;premises owned,
occupied or used by the Insured. The coverage shall contain no special limitations on the scope of
protection afforded to the Village,its officers,officials,employees,volunteers,or agents.
(2)The Insured's insurance coverage shall be primary insurance as respects the Village, its officers,
officials, employees, volunteers and agents. Any insurance or self-insurance maintained by the
Village, its officers, officials, employees, volunteers or agents shall be in excess of the Insured's
insurance and shall not contribute with it.
(3)Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the
Village,its officers,officials,employees,volunteers or agents.
(4)The Insured's insurance shall apply separately to each covered party against whom claim is made or
suit is brought except with respect to the limits of the insurer's liability.
E. Worker's Compensation and Employer's Liability Coverage
The policy shall waive all rights of subrogation against the Village, its officers, officials, employees,
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volunteers and agents for losses arising from work performed by the insured for the Village.
Each insurance policy shall be endorsed to state that coverage shall not be suspended,voided,canceled by either
party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail has
been given to the Village. Each insurance policy shall name the Village, its officers, officials and employees,
volunteers and agents as additional Insureds. Insurance is to be placed with insurers with a Best's rating of no
less than A:VII.
Each Insured shall furnish the Village with certificates of insurance and with original endorsements effecting
coverage required by this provision. The certificate and endorsements for each insurance policy are to be signed
by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to
be on forms approved by the Village and shall be subject to approval by the Village Attorney before work
commences. The Village reserves the right to require complete,certified copies of all required insurance policies,
at any time.
Each insured shall include all subcontractors as insureds under its policies or shall furnish separate certificates
and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
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