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R-1989 - 03/22/2022 - AGREEMENTS - Resolutions Exhibits REVIEW OF CONTRACTS Award1in�D ency: ce Pf Contract: De�1-11�: Tram/A qunt�ber: arded Contract Pri ''ete Amount: As lam' 000 . C) I'V&S, cco• c [-I Under $20,000 Q $500,001 - $1,000,000 i $20,000 - $500,000 0 Over $1,000,000 o -e�f-L Vb 't) CAP - Name: Date:3 Name: Date: 22 Name: Date: Name: Dater ZZ signed b other art Date/Initials/4, 44� l Three (3) Originals sIg y party Original provided to staff member for other party Date/Initials V7/� P's1 Original provided to Official Files Date/Initials Village of Oak Brook I Approved by Board of Trustees- Date/Initials: 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. Wor A A. Contract and Work. Contractor acknowledges, and agrees, that Contractor shall, at its sole cost and required expense, provide, perform, and complete, in the manner 5. AN-t Iscellaneous. Do all other things 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. ualit . Provide, perform, and complete all of the foregoing in a proper and workmanlike 1. Labor, Equipment_�,�Iateri-aIsand 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 f'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. 1 D. 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 (uieather 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 I 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-QEPRICES 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 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. 2 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 ILLS 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 5133E-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 Pro oral 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 ILLS 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 3 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 1. 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, oxists 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 1.30/5, submit to the Village, and upon activation of the database provided by 820 ILLS 130/15.1 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 complete copy of those records required to be made and shall, in performing the Services for the Village under kept by the Prevailing Wage Act. The certified payroll this Agreement, have access, or be directly or . indirectly exposed, to Confidential Information. The shall be accompanied by astatement signed by the Contractor or subcontractor which certifies that: (1)such Consultant shall hold confidential all Confidential records are true and accurate: (29) 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 4 IN WITNESS WHEREOF the parties hereto VILLAGE OF OAK BROOK., an Illinois have caused this Agreement to be executed, municipal corporation effective on 2022. ATTEST: Village Clerk Villa g anager ATTES SCH ROT S usan Karecc 1 Corporate Secretary s: iSl��N) 5 EXHIBIT A (PROPOSAL DATED MARCH Ifs, 2022) 6 Schaefges Brothers,Inc. 851 Seton C)uri,Suite 2A,Wheeling,I(1inois 6009(}5790 Tel(847)537-3330.Fax(847)537-7439-w%^ 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 SRI 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-I I items#30 and#31 $75,000.00 Furnish and install starting platforms: $35,000.00 Unforeseen contingency allowance: $25,0WQ0 TOTAL COST: $135,000.00 Exclusions I. 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. Since ely, f .Kenneth Schaefges / President KS/js VILLAGE OF OAKBROOK TENNIS AND BATH CLUA RENO PROP 011822 EXHIBIT (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 I 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 he endorsed to contain,the following provisions: D. General Liability and Automobile Liability Coverage- (I)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)Tbe 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 insurances 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 limit,-, 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:V11. 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 authorised 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 SCHAEFGES BROTHERS, INC. 851 Seton Court, Suite 2A WHEELING,IL 60090-5790 PHONE: 847-537-3330 LETTER OF TRANSMITTAL FAX: 847-537-7439 IF—DATE : March 29, 2022 ATTENTION: Rick Valent RE: Bath& Tennis Club Pool Renovation TO: Villaize of Oak Brook 1200 Oak Brook Rd. Oak Brook, IL 60523 WE ARE SENDING YOU... ®Attached... ❑ Via Fax... ❑ Under separate cover the following items: ❑ Shop Drawings ❑ Plans ❑ Specifications ❑ Samples ❑ Change Order ❑ Sub-Contract ❑ COPIES DATE DESCRIPTION 1 3/29/22 Signed Contract THESE ARE TRANSMITTED as checked below: ❑ For Approval ❑ For Bid Due 20 ❑ For Your Use ❑ Sign and Return ® As Requested ❑ REMARKS: Copy To: Signed: Christine Forssander christine@sbiizc.com