Gradall Services 2020-2022 VILLAGE OF OAK BROOK
CONTRACT FOR
G3WD GRADALL SERVICES
Full Name of Contractor: Western Gradall Corp. ("Contractor")
Principal Office Address: 9160 South Rte. 53, Naperville, Illinois 60565
Contact Person: John Peters Telephone Number: 630-759-4050
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
5. Miscellaneous. Do all other things required
A. Contract and Work. Contractor acknowledges, of Contractor by this Contract; and
and agrees, that Contractor shall, at its sole cost and
expense, provide, perform, and complete, in the manner 6. Quality. Provide, perform, and complete all
specified and described, and upon the terms and of the foregoing in a proper and workmanlike
conditions set forth, in this Contract, all of the following, manner, consistent with the standards of
all of which is herein referred to as the"Work": recognized professional firms in performing
Work of a similar nature, in full compliance
1. Labor Equipment. Materials, and Supplies. with, and as required by or pursuant, to this
Provide, perform, and complete, in the Contract, and with the greatest economy,
manner specified and described in this efficiency, and expedition consistent
Contract, all necessary work, labor, services, therewith, with only new, undamaged, and
transportation, equipment, materials, first quality equipment, materials, and
supplies, information, data, and other means supplies.
and items necessary for G3WD Gradall
Services (2020 — 2022), as is specified in B. Performance Standards. Contractor
Exhibit A attached hereto, located within acknowledges and agrees that all Work shall be fully
the Village of Oak Brook("Work Site"); provided, performed, and completed in accordance with
the specifications and description of Work in accordance
2. Permits. Procure and furnish all permits, with the proposal dated February 4, 2020, attached
licenses, and other governmental approvals hereto as Exhibit A.
and authorizations necessary in connection
therewith; C. Responsibility for Damage or Loss. Contractor
proposes, and agrees, that Contractor shall be
3. Bonds and Insurance. Procure and furnish responsible and liable for, and shall promptly and
all bonds and all insurance certificates and without charge to Village repair or replace, any damage
policies of insurance specified in this done to, and any loss or injury suffered by, the Village,
Contract; the Work, the Work Site, or other property or persons as
a result of the Work.
4. Taxes. Pay all applicable federal, state, and
local taxes;
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D. Inspection/Testing/Rejection. Village shall have C. TIME OF PAYMENT
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 It is expressly understood and agreed that all
judgment, defective or damaged or that in any way fails payments shall be made in accordance with the
to conform strictly to the requirements of this Contract following schedule:
and the Village, without limiting its other rights or
remedies, may require correction or replacement at Payment is due upon request by
Contractor's cost, perform or have performed all Work Contractor and approval of work by
necessary to complete or correct all or any part of the the Village.
Work that is defective, damaged, or nonconforming and
charge Contractor with any excess cost incurred thereby, All payments may be subject to deduction or
or cancel all or any part of any order or this Contract. setoff by reason of any failure of Contractor to
Work so rejected may be returned or held at Contractor's perform under this Contract. Each payment
expense and risk. shall include Contractor's certification of the
value of, and partial or final waivers of lien
2. Contract Price covering, all Work for which payment is then
requested and Contractor's certification that all
Contractor acknowledges and agrees that Contractor prior payments have been properly applied to
shall take in full payment for all Work and other matters the payment or reimbursement of the costs with
set forth under Section 1 above, including overhead and respect to which they were paid.
profit; taxes, contributions, and premiums; and
compensation to all subcontractors and suppliers, the 3. Contract Time
compensation set forth below.
Contractor acknowledges and agrees that Contractor
A. SCHEDULE OF PRICES shall commence the Work within 30 days (weather
permitting) following the Village's acceptance of this
For providing, performing, and completing all Contract provided Contractor shall have furnished to the
Work, the total contract price of$23,400.00 Village insurance certificates specified in this Contract
("Commencement Date"). Contractor further
2020 @$190.00/hr(not to exceed$7,600.00) acknowledges and agrees that Contractor shall perform
2021 @$195.00/hr(not to exceed$7,800.00) the Work diligently and continuously and shall complete
2022 @$200.00/hr(not to exceed$8,000.00) the Work not later than December 31 of 2020, 2021,
and 2022 ("Time of Performance"). The Village may
TOTAL CONTRACT PRICE (in writing): modify the Time of Performance at any time upon 15
days prior written notice to the Contractor. Delays
Twenty Three Thousand Four Hundred caused by the Village shall extend the Time of
Dollars Performance; provided, however, that Contractor shall
be responsible for completion of all Work within the
B. BASIS FOR DETERMINING PRICES Time of Performance, notwithstanding any strike or
other work stoppage by employees of either Contractor or
It is expressly understood and agreed that: of the Village.
1. All prices stated in the Schedule of Prices 4. Financial Assurance
are firm and shall not be subject to
escalation or change; A. Insurance. Contractor acknowledges and agrees
that Contractor shall provide certificates of
2. The Village is not subject to state or local insurance evidencing the minimum insurance
sales, use, and excise taxes, that no such coverages and limits set forth in Exhibit B
taxes are included in the Schedule of Prices, within 10 days following the Village's acceptance
and that all claim or right to claim any of this Contract. Such policies shall be in form,
additional compensation by reason of the and from companies, acceptable to the Village.
payment of any such tax is hereby waived The insurance coverages and limits set forth
and released; Exhibit B shall be deemed to be minimum
coverages and limits and shall not be construed
3. All other applicable federal, state, and local in any way as a limitation on Contractor's duty
taxes of every kind and nature applicable to to carry adequate insurance or on Contractor's
the Work are included in the Schedule of liability for losses or damages under this
Prices. Contract. The minimum insurance coverages
and limits that shall be maintained at all times
while providing, performing, or completing the
Work are as set forth in Exhibit B.
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B. Indemnification. Contractor acknowledges and the Illinois Human Rights Act during the course of the
agrees that Contractor shall indemnify and save work.
harmless the Village against all damages, liability,
claims, losses, and expenses (including attorneys' fee) C. Not Barred. Contractor is not barred by law
that may arise, or be alleged to have arisen, out of or in from contracting with the Village or with any other unit
connection with Contractor's performance of, or failure to of state or local government as a result of (i) a
perform, the Work or any part thereof, or any failure to delinquency in the payment of any tax administered by
meet the representations and warranties set forth in the Illinois Department of Revenue unless Contractor is
Section 6 of this Contract. contesting, in accordance with the procedures
established by the appropriate Revenue Act, its liability
C. Penalties. Contractor acknowledges and agrees for the tax or the amount of tax, as set forth in 65 ILCS
that Contractor shall be solely liable for any fines or civil 5/11-42.1-1; or (ii) a violation of either Section 33E-3 or
penalties that are imposed by any governmental or Section 33E-4 of Article 33 of the Criminal Code of 1961,
quasi-governmental agency or body that may arise, or be 720 ILCS 5/33E-1 et seg.
alleged to have arisen, out of or in connection with
Contractor's performance of, or failure to perform, the D. Qualified. Contractor has the requisite
Work or any part thereof. experience, ability, capital, facilities, plant, organization,
and staff to enable Contractor to perform the Work
5. Firm Proposal successfully and promptly and to commence and
complete the Work within the Contract Price and
All prices and other terms stated in this Contract are Contract Time set forth above.
firm and shall not be subject to withdrawal, escalation,
or change. 7. Acknowledgements
6. Contractor's Representations and Warranties In submitting this Contract, Contractor
acknowledges and agrees that:
In order to induce the Village to accept this Contract,
Contractor hereby represents and warrants as follows: A. Reliance. The Village is relying on all
warranties, representations, and statements made by
A. The Work. The Work, and all of its components, Contractor in this Contract.
shall strictly conform to the requirements of this
Contract, including, without limitation, the performance B. Acceptance. If this Contract is accepted,
standards set forth in Subsection 1B of this Contract; Contractor shall be bound by each and every term,
and shall be fit, sufficient, and suitable for the purposes condition, or provision contained in this Contract.
expressed in, or reasonably inferred from, this Contract
and the warranties expressed herein shall be in addition C. Remedies. Each of the rights and remedies
to any other warranties expressed or implied by law, reserved to the Village in this Contract shall be
which are hereby reserved unto the Village. cumulative and additional to any other or further
remedies provided in law or equity or in this Contract.
B. Compliance with Laws. The Work, and all of its
components, shall be provided,performed, and completed D. Time. Time is of the essence in the performance
in compliance with, and Contractor agrees to be bound of all terms and provisions of this Contract and, except
by, all applicable federal, state, and local laws, orders, where stated otherwise references in this Contract to
rules, and regulations, as they may be modified or days shall be construed to refer to calendar days and
amended from time to time, including without limitation time.
the Prevailing Wage Act, 820 ILCS 130/0.01 et seg. (in
furtherance of which, a copy of Village's ordinance E. No Waiver. No examination, inspection,
ascertaining the prevailing rate of wages, in effect as of investigation, test, measurement, review, determination,
the date of this Contract, has been attached as an decision, certificate, or approval by the Village, whether
Appendix to this Contract; if the Illinois Department of before or after the Village's acceptance of this Contract;
Labor revises the prevailing rate of hourly wages to be nor any information or data supplied by the Village,
paid, the revised rate shall apply to this Contract); any whether before or after the Village's acceptance of this
other prevailing wage laws; any statutes requiring Contract; nor any order by the Village for the payment of
preference to laborers of specified classes; any statutes money; nor any payment for, or use, possession, or
prohibiting discrimination because of, or requiring acceptance of, the whole or any part of the Work by the
affirmative action based on, race, creed, color, national Village; nor any extension of time granted by the Village;
origin, age, sex, or other prohibited classification; and nor any delay by the Village in exercising any right
any statutes regarding safety or the performance of the under this Contract; nor any other act or omission of the
Work. Further, Contractor shall have a written sexual Village shall constitute or be deemed to be an acceptance
harassment policy in compliance with Section 2-105 of of any defective, damaged, or nonconforming Work, nor
operate to waive or otherwise diminish the effect of any
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representation or warranty made by Contractor; or of agents; and (ii) at all reasonable hours at a location
any requirement or provision of this Contract; or of any within this State.
remedy,power, or right of the Village.
K. Conflicts of Interest. Contractor represents and
F. Severability. It is hereby expressed to be the certifies that, to the best of its knowledge, (1) no elected
intent of the parties to this Contract that should any or appointed Village official, employee or agent has a
provision, covenant, agreement, or portion of this personal financial interest in the business of the
Contract or its application to any Person or property be Contractor or in this Agreement, or has personally
held invalid by a court of competent jurisdiction, the received payment or other consideration for this
remaining provisions of this Contract and the validity, Agreement; (2) as of the date of this Agreement, neither
enforceability, and application to any Person or property Contractor nor any person employed or associated with
shall not be impaired thereby, but the remaining Contractor has any interest that would conflict in any
provisions shall be interpreted, applied, and enforced so manner or degree with the performance of the
as to achieve, as near as may be, the purpose and intent obligations under this Agreement; and (3) neither
of this Contract to the greatest extent permitted by Contractor nor any person employed by or associated
applicable law. with Contractor shall at any time during the term of this
Agreement obtain or acquire any interest that would
F. Amendments and Modifications. No amendment conflict in any manner or degree with the performance of
or modification to this Contract shall be effective until it the obligations under this Agreement.
is reduced to writing and approved and executed by the
corporate authorities of the parties in accordance with all L. Exhibits. If any conflict exists between this
applicable statutory procedures. Agreement and any exhibit attached hereto or any other
Agreement between the parties relating to this
H. Assignment. Neither this Contract, nor any transaction, the terms of this Agreement shall prevail.
interest herein, shall be assigned or subcontracted, in
whole or in part, by Contractor except upon the prior M. No Disclosure of Confidential Information by the
written consent of the Village. Consultant. The Consultant acknowledges that it
shall, in performing the Services for the Village under
I. Governing Law; Venue. This Contract shall be this Agreement, have access, or be directly or
governed by, construed and enforced in accordance with indirectly exposed, to Confidential Information. The
the internal laws, but not the conflicts of laws rules, of Consultant shall hold confidential all Confidential
the State of Illinois. Venue for any action arising out of Information and shall not disclose or use such
or due to this Contract shall be in the Circuit Court for Confidential Information without the express prior
DuPage County, Illinois. written consent of the Village. The Consultant shall
J. Certified Payrolls. Contractor shall, in use reasonable measures at least as strict as those the
accordance with Section 5 of the Illinois Prevailing Wage Consultant uses to protect its own confidential
Act, 820 ILCS 130/5, submit to the Village, on a monthly information. Such measures shall include, without
basis, a certified payroll. The certified payroll shall limitation, requiring employees and subcontractors of
consist of a complete copy of those records required to be the Consultant to execute a nondisclosure agreement
made and kept by the Prevailing Wage Act. The certified before obtaining access to Confidential Information.
payroll shall be accompanied by a statement signed by
the Contractor or subcontractor which certifies that: (1)
such records are true and accurate; (2) the hourly rate
paid is not less than the general prevailing rate of hourly
wages required by the Prevailing Wage Act; and (3)
Contractor or subcontractor is aware that filing a
certified payroll that he or she knows to be false is a
Class B misdemeanor. A general contractor may rely
upon the certification of a lower tier subcontractor,
provided that the general contractor does not knowingly
rely upon a subcontractor's false certification. Upon two
business days' notice, Contractor and each subcontractor
shall make available for inspection the records required
to be made and kept by the Act: (i) to the Village, its
officers and agents, and to the Director of the Illinois
Department of Labor and his or hers deputies and
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d
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed, effective on
2020,
ATTEST:
Village Clerk 1 i age Manager
ATTEST:
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EXHIBIT A
(Proposal Dated February 4, 2020)
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Western Gradall Corp
9160 So. Rt. 53
Naperville, IL. 60565
Phone # (630) 759-4050
Fax # (630) 759-0550
February 04, 2020
QUOTE FOR G3WD GRADALL
2020 @ $190.00/HR. $7600,Q0/WEEK BASED ON 40 HOURS
2021 @ $195.00/1-111 $7800.00/WEEK BASED ON 40 HOURS
2022 @ $200.00/HR. $8000.00/WEEK BASED ON 40 HOURS
HOURLY RATE DOES NOT DIFFER IF WORKED ON SATURDAY.
JOHN PETERS
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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