2021-08-16 - Ordinance 2021-061 - AUTHORIZING A CONSTRUCTION CONTRACT WITH SCHROEDER & SCHROEDER, INC. VoBG-2021-26
IVY HALL PARK SIDEWALK IMPROVEMENTS
FORM OF CONTRACT
Ivy Hall Park Sidewalk Improvements Project (the "Contract") is entered between the Village of Buffalo
Grove (hereinafter the "Village" or "Owner"), an Illinois home-rule unit of government, and Schroeder &
Schroeder, Inc. an [Illinois COrpOratiOn1 (hereinafter the "Contractor") on this day of
2021 (the "Effective Date"). The Village and the Contractor are hereinafter sometimes collectively referred to
as the "Parties" and individually as a"Party".
RECITALS
WHEREAS,the Village has solicited bids for the Work(defined below),Contractor has submitted a bid for the
Work and Village has selected Contractor for the Work based on their bid;and
WHEREAS, the Contractor wishes to enter into this Contract with the Village and the Village wishes to enter
into this Contract with the Contractor for the Work;
NOW THEREFORE, for and in consideration of the mutual covenants and promises herein contained, the
adequacy and sufficiency of which are hereby acknowledged by the Parties, it is agreed as follows:
ARTICLE I-WORK TO BE DONE BY THE CONTRACTOR
The Village does hereby hire and contract with the Contractor to provide all the labor, equipment, materials and/or
services described more thoroughly on Contract Exhibit A(the"Work")which is incorporated into the Contract by this
reference.
ARTICLE II-CONTRACT DOCUMENTS
The following exhibits are attached hereto and incorporated herein by this reference:
Contract Exhibit A—Description of the Work
Contract Exhibit B—Schedule of Prices
Contract Exhibit C—Performance Bond
Contract Exhibit D—Partial Lien Waiver
Contract Exhibit E—Final Lien Waiver
If any term or provision of this Contract shall conflict with any term or provision of the exhibits referenced
above,the terms and provisions of the exhibit shall control.
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ARTICLE III-CONTRACT AMOUNT
The Village agrees to pay the Contractor for the proper and timely performance of the Work in strict accordance with
this Contract as detailed in Contract Exhibit B(the"Schedule of Prices")Unless explicitly provided otherwise in this
Contract, the detailed sums shall be the full and exclusive compensation owed to the Contractor for the Work; and
Contractor may not seek additional payments from the Village.
ARTICLE TV—APPLICATION FOR PAYMENT
The Contractor shall be paid at most once a month and only after providing the Village the following:
1. An executed and notarized Contractor's Sworn Statement in a form similar to AIA G702 or AIA G703.
2. Either a partial or final lien waiver from every subcontractor, sub-subcontractor, or materialman in
substantially the same form as attached here as Contract Exhibit D and Contract Exhibit E.
3. Certified payroll necessary for the Prevailing Wage Act;and
All payments under this Contract must be approved by the Village's Board at regularly scheduled meetings. The Village
reserves the right to request any receipts, invoices, proof of payments as the Village, in its sole discretion, may deem
necessary to justify the payment requested prior to paying the requested payment. The Contractor shall furnish with his
final application for payment a Final Lien Waiver from itself and,if not already provided,from every subcontractor and
materialman of the Work.
The Contractor acknowledges that the Village is a unit of local government and that all payments under the Contract are
subject to the Local Government Prompt Payment Act,50 ILCS 505 et seq. To that extent,the Village shall have forty-
five calendar(45)days from receipt of a bill or invoice to pay the same before it is considered late under the Contract.
Interest, if any, charged for any late payments will be subject to the interest rate caps specified in the Prompt Payment
Act.
ARTICLE V—CONTRACT TIME
Term. The Contractor shall fully, and not substantially, complete all the Work and the Work shall be accepted by the
Village's Public Works Department,provided that acceptance by the Director of Public Works shall not be unreasonably
delayed,on or before Friday,October 1,2021.
If the Contractor shall fail to complete the work within the Contract Time which shall include any proper extension
granted by the Village, the Contractor shall pay to the Village an amount equal to Five Hundred dollars ($500) per
calendar day for each day past the Contract Time until final acceptance by the Village,as liquidated damages and not as
a penalty.
Termination of Contract. The Contract may be terminated, in whole or in part, by either party if the other party
substantially fails to fulfill its obligations under the Contract through no fault of the terminating party; or the Village
may terminate the Contract, in whole or in part, for its convenience. However, no such termination may be effected
unless the terminating party gives the other party: (1)not less than thirty(30)calendar day's written notice by certified
mail of intent to terminate,and(2)an opportunity for a meeting with the terminating party before termination.
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ARTICLE VI—PERFORMANCE BOND
The Contractor shall provide the Village with a performance and payment bond in substantially the same form as on
Contract Exhibit C (the"Performance and Payment Bond")prior to Contractor beginning any Work and within 10
calendar days of the Notice of Award sent to the Contractor.
ARTICLE VII—ACCIDENT PREVENTION
The Contractor shall exercise every precaution at all times to protect itself,the property of the Village and the property
of others. The safety provision of all applicable laws and ordinances shall be strictly observed by the Contractor at all
times. Any practice deemed hazardous or dangerous by the Director of Public Works or his authorized representatives
shall be immediately discontinued by the Contractor upon receipt of instructions from the Director of Public Works or
his authorized representatives. To the fullest extent permitted by law,the Contractor shall be solely responsible for all
safety-related matters.
ARTICLE VIII—INDEMNIFICATION
To the fullest extent permitted by law,the Contractor agrees to defend,pay on behalf of, indemnify, and hold harmless
the Village, its elected and appointed officials, agents, employees and volunteers and others working on behalf of the
Village against any and all claims,demands,suits or loss,including all costs connected therewith, and for any damages
which may be asserted, claimed or recovered against or from the Village, its elected and appointed officials, agents,
employees and volunteers and others working on behalf of the Village, by reason of personal injury, including bodily
injury and death, and/or property damage,whether damage to property of the Village or of a third party, including loss
of use thereof,which arises out of or is in any way connected or associated with the Contract and the Work.
ARTICLE IX—CONTRACTORS INSURANCE
Contractor shall procure and maintain, for the duration of the Contract and any maintenance period, insurance
against claims for injuries to persons or damages to property,which may arise from or in connection with the performance
of the work hereunder by the Contractor,his agents,representatives,employees or subcontractors.
A. Minimum Scope of Insurance: Coverage shall be at least as broad as:
Insurance Services Office Commercial General Liability occurrence form CG 0001 with the Village of Buffalo Grove
named as additional insured on a primary and non-contributory basis. This primary,non-contributory additional insured
coverage shall be confirmed through the following required policy endorsements: ISO Additional Insured Endorsement
CG20 10 or CG 20 26 and CG 20 01 0413
1. Insurance Services Office Commercial General Liability occurrence form CG 0001 with the Village named as
additional insured,on a form at least as broad as the ISO Additional Insured Endorsement CG 2010 and CG 2026
2. Insurance Service Office Business Auto Liability coverage form number CA 0001, Symbol 01 "Any Auto."
3. Workers'Compensation as required by the Labor Code of the State of Illinois and Employers'Liability insurance.
4. Owners and Contractors Protective Liability(OCP)policy with the Village of Buffalo Grove as insured.
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B. Minimum Limits of Insurance: Contractor shall maintain limits no less than:
1. Commercial General Liability: $3,000,000 combined single limit per occurrence for bodily injury, personal
injury and property damage. The general aggregate shall be twice the required occurrence limit. Minimum
General Aggregate shall be no less than$3,000,000 or a project/contract specific aggregate of$3,000,000.
2. Business Automobile Liability: $3,000,000 combined single limit per accident for bodily injury and property
damage.
3. Workers' Compensation and Employers' Liability: Workers' Compensation coverage with statutory limits and
Employers'Liability limits of$500,000 per accident.
4. Owners and Contractors Protective Liability(OCP):$1,000,000 combined single limit per occurrence for bodily
injury and property damage.
C. Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the Village.At the option of the Village,
either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as it respects the Village, its
officials, agents, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and
related investigation,claim administration and defense expenses.
D. Other Insurance Provisions
The policies are to contain,or be endorsed to contain,the following provisions:
1. General Liability and Automobile Liability Coverages:
a. The Village, its officials, agents, employees and volunteers are to be covered as insureds as respects:
liability arising out of activities performed by or on behalf of the Contractor; products and completed
operations of the Contractor;premises owned, leased or used by the Contractor; or automobiles owned,
leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the
scope of protection afforded to the Village,its officials,agents,employees and volunteers.
2. The Contractor's insurance coverage shall be primary and non-contributory as respects the Village,its officials,
agents, employees and volunteers. Any insurance or self-insurance maintained by the Village, its officials,
agents,employees and volunteers shall be excess of Contractor'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 officials,agents,employees and volunteers.
4. The Contractor's insurance shall contain a Severability of Interests/Cross Liability clause or language stating that
Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought,
except with respect to the limits of the insurer's liability.
5. If any commercial general liability insurance is being provided under an excess or umbrella liability policy that
does not"follow form,"then the Contractor shall be required to name the Village,its officials,employees,agents
and volunteers as additional insureds
6. All general liability coverages shall be provided on an occurrence policy form. Claims-made general liability
policies will not be accepted.
7. The contractor and all subcontractors hereby agree to waive any limitation as to the amount of contribution
recoverable against them by the Village. This specifically includes any limitation imposed by any state statute,
regulation, or case law including any Workers' Compensation Act provision that applies a limitation to the
amount recoverable in contribution such as Kotecki v.Cyclops Welding
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E.All Coverages:
1. No Waiver. Under no circumstances shall the Village be deemed to have waived any of the insurance
requirements of this Contract by any act or omission,including,but not limited to:
a. Allowing work by Contractor or any subcontractor to start before receipt of Certificates of Insurance
and Additional Insured Endorsements.
b. Failure to examine, or to demand correction of any deficiency, of any Certificate of Insurance and
Additional Insured Endorsement received.
2. Each insurance policy required shall have the Village expressly endorsed onto the policy as a Cancellation Notice
Recipient. Should any of the policies be cancelled before the expiration date thereof,notice will be delivered in
accordance with the policy provisions.
F. Acceptability of Insurers
Insurance is to be placed with insurers with a Best's rating of no less than A-,VII and licensed to do business in the State
of Illinois.
G. Verification of Coverage
Contractor shall furnish the Village with certificates of insurance naming the Village, its officials, agents,
employees, and volunteers as additional insured's and with original endorsements, affecting coverage required
herein. The certificates 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 received and approved by the Village
before any work commences. The Village reserves the right to request full certified copies of the insurance policies and
endorsements.
The Certificate of Insurance shall state the Village of Buffalo Grove has been endorsed as an"additional insured"by the
Vendor's insurance carrier. Specifically,this Certificate must include the following language:"The Village of Buffalo
Grove, and it's respective elected and appointed officials, employees, agents, consultants, attorneys and
representatives, are, and have been endorsed, as an additional insured under the above reference policy
number on a primary and non-contributory basis for general liability and automobile liability coverage
for the duration of the agreement term."
H. Subcontractors
Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and
endorsements for each subcontractor. All coverage's for subcontractors shall be subject to all of the requirements stated
herein.
I. Assumption of Liability
The contractor assumes liability for all injury to or death of any person or persons including employees of the contractor,
any subcontractor, any supplier or any other person and assumes liability for all damage to property sustained by any
person or persons occasioned by or in any way arising out of any work performed pursuant to the Contract.
J. Workers'Compensation and Employers'Liability Coverage
The insurer shall agree to waive all rights of subrogation against the Village of Buffalo Grove, its officials,employees,
agents and volunteers for losses arising from work performed by Contractor for the municipality.
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K. Failure to Comply
In the event the Contractor fails to obtain or maintain any insurance coverages required under this contract,The Village
may purchase such insurance coverage's and charge the expense thereof to the Contractor.
ARTICLE X—CERTIFICATE OF AUTHORITY AND SURETY CERTIFICATE
The Contractor shall furnish the Village with a current Certificate of Authority or Surety Certificate issued by the Illinois
Department of Insurance for the bonding company and insurance company they are using. In lieu of a Certificate of
Authority of Surety Certificate,the Contractor may provide certificate of good standing from the Illinois Department of
Insurance's website.
ARTICLE XI—COPYRIGHTS AND LICENSES
The Contractor agrees that all documents of any kind whatsoever, and in whatever medium expressed, prepared by the
Contractor and the Contractor's consultants in connection with the Work(collectively,the"Documents")or otherwise
pursuant to this Contract and all rights therein(including trademarks,trade names,rights or use,copyrights and/or other
proprietary rights)shall be and remain the sole property of the Village(regardless of whether the Village or the Contractor
terminates this Contract for any reason whatsoever). The Contractor hereby agrees that the Documents are or shall be
deemed to be "Works for Hire" within the meaning of Section 101 of the Copyright Act, and the Contractor hereby
assigns to the Village all right, title and interest therein. Notwithstanding, the Contractor shall indemnify and hold
harmless the Village, its appointed and elected officials, employees, agents and volunteers from and against all claims,
damages,losses,and expenses(including attorneys' fees and court and arbitration costs)arising out of any infringement
of patent rights or copyrights incident to the Documents and the Work.
ARTICLE XII—NOTICE
All notices,demands,requests,consents,approvals and other communications required or permitted to be given
hereunder(a"Notice")shall be in writing and shall be deemed effective three(3)business days after mailing if mailed
by certified mail with return receipt requested and immediately if served personally, and shall be addressed to the
following:
IF TO THE VILLAGE: Village of Buffalo Grove
50 Raupp Blvd
Buffalo Grove,IL 60089
mskibbe@vbg.org
ATTN:Mike Skibbe
WITH COPIES TO: Cc:Alarson@vbg.org
Cc: Pbrankin@vbg.org
IF TO THE CONTRACTOR: Schroeder& Schroeder Inc.
7306 Central Park
Skokie. IL 60076
ATTN:Chris Schroeder
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ARTICLE XIII—CHANGE ORDERS
If the Village requests any change to the Work the Village shall do so by delivering Notice of the same to the Contractor
and the change requested by the Village shall be effective upon receipt of the Notice by the Contractor. The Contractor
may propose a change to the Work by delivering Notice of the proposed change along with a description of the changes
full effect on the Work to the Village; provided, such requested change shall not be deemed accepted until the Village
has delivered to the Contractor Notice of the same. Prior to approving a proposed change to the Work by the Contractor,
the Village may request such additional documentation as it deems necessary to investigate the proposed change. The
Contractor shall be responsible for informing all its employees and subcontractors of any changes to the Work, whether
such change is requested by the Contractor or the Village.
ARTICLE XIV—CLEAN CONSTRUCTION AND DEMOLITION DEBRIS(CCDD)MATERIAL DISPOSAL
Work under this item shall be performed in compliance with the Illinois Environmental Protection Agency (IEPA)
guidelines in effect at the time of construction.
The Contractor will be required to make all arrangements for coordination and submission of the necessary documents
with their chosen CCDD or other suitable disposal facility. Written confirmation of preliminary approval must be
provided from the disposal facility and confirmed by the Owner as acceptable.
All surplus, clean material generated from the Contractor's activities must be disposed of at an IEPA permitted CCDD
or otherwise acceptable facility.The Contractor is responsible for providing documentation to the Village for each load
hauled off-site showing the quantity of material and the location the material was disposed of.
Disposal of clean material not in compliance with these requirements will constitute breach of contract.If the Contractor
fails to provide adequate documentation supporting the legal disposal of clean material according to this special
provision,the Contractor shall be fined$1,000 per load of material and will assume all liability associated with material
disposed of not in compliance with this special provision.
No extra compensation will be allowed to the Contractor for any expenses incurred complying with these requirements
including but not limited to: delays, inconvenience, or interruptions in the work resulting from compliance with these
requirements. All costs associated with material disposal shall be included into the appropriate unit bid prices for the
work.
ARTICLE XV—NOTICE OF STARTING WORK
The Contractor shall notify the Village at least 72 hours in advance of beginning work and 48 hours prior to construction
commencement on each subsequent section of Work. Work shall be scheduled so that it is continuous on the various
roadways. The Contractor and approved Subcontractor(s)shall, at all times, employ and provide sufficient labor,tools,
equipment, and other incidental items for prosecuting the work to full completion in the manner and time required by
the contract.
ARTICLE XVI—SEQUENCE OF THE WORK
The Director of Public Works shall have the power to direct the order and sequence of the Work. On any major portion
of the Work,all accessories shall be set coincident with the main construction.Payment for major portions of the Work
may be withheld until proper completion of accessories.
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ARTICLE XVII—CONSTRUCTION WORK PERIODS
All work shall be confined to the period beginning at 7:00 AM and ending at 6:00 PM on weekdays.No work shall be
done on weekends or legal holiday periods.
ARTICLE XVIII—SUPERVISION
The Director of Public Works shall have override power to superintend and direct the Work, and the Contractor shall
perform all of the Work herein specified to the satisfaction, approval and acceptance of the Director of Public Works.
The Contractor shall have at all times a competent foreman or superintendent at the Work's site, who shall have full
authority to act for the Contractor and to receive and execute orders from the Director of Public Works, and any
instructions given to such superintendent or person,executing work for the Contractor,shall be binding on the Contractor
as though it was personally given to the Contractor.
ARTICLE XIX—STANDARD OF WORK AND WORKERS
The Contractor shall employ competent staff and shall discharge, at the request of the Director of Public Works, any
incompetent, unfaithful, abusive or disorderly workers in its employ. Where experts or skilled workers must be
employed,only expert or skilled workers shall be employed.
ARTICLE XX—EXISTING HARDSCAPE
Any damage to existing hardscape from tracked equipment or due to the Contractor's negligence, workmanship, or
neglect shall be replaced at the Contractor's expense. It is recommended rubber tired or rubber tracked equipment is
used. Any unwarranted disturbance to the existing hardscape to remain will warrant repairs made joint to joint and in
conformance with the bid documents.The Village shall determine the limit of removal and replacement operations, and
all work shall be completed to the satisfaction of the Engineer.
ARTICLE XXI—TREE PROTECTION AND PRESERVATION
Breaking off branches of plant material to remain during clearing or construction operations will not be allowed.
Preceding any existing tree pruning or trimming operations, the Contractor shall demonstrate that there is no other
practical method to complete the work and request permission from the Engineer. All pruning shall be done according
to the current ANSI A300(Part 1)—Pruning Standard.
All existing trees larger than 6"in diameter and not specifically designated for removal,which are removed or damaged
due to the Contractor's neglect, shall be inspected by the Village Forester or his designated representative. For each
infraction that causes damage to a tree,a monetary penalty of$1,000 may be imposed and the replacement of the damaged
tree required, depending on the extent of injury caused to each tree. No replacement tree shall have a diameter of less
than 3"or more than 6",unless authorized by the Village of Buffalo Grove.
ARTICLE XXII—CONDITIONS OF THE WORK SITE
The Contractor shall provide and maintain such sanitary accommodations for the use of its employees as may be
necessary to comply with the State and local Board of Health requirements. Public nuisances will not be permitted. The
Contractor shall leave said Work's site(s) in the best possible condition to the complete satisfaction of the Director of
Public Works. No vehicles of any kind shall be placed, parked, or operated upon any grass areas at any time except as
authorized by the Director of Public Works or his authorized representative. Further,the Contractor shall exercise every
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precaution for the protection of all persons and all property. The safety provisions of all-applicable laws and ordinances
shall be strictly observed. Any practice hazardous in the opinion of the Director of Public Works or his authorized
representatives shall be immediately discontinued by the Contractor upon his receipt of instructions from the Director of
Public Works or his authorized representative. To the maximum extent permitted by law, the Contractor shall be
responsible for all safety-related matters.
ARTICLE XXIII—WARRANTY PERIOD
All material and workmanship shall be warranted and guaranteed according to manufacturer's recommendation after
inspection and approval by the Director of Public Works or his designated representative. All work performed by the
Contractor shall be warranted by the Contractor following completion and final acceptance of the Work for a period of
twelve(12)months from the date of final,and not substantial,completion
ARTICLE XXIV—ACCIDENTS
In the event of any accident of any kind that involves the general public or property of the Village or a third party,the
Contractor shall immediately notify the Director of Public Works by phone as well as provide Notice of the same. The
Notice shall include a full accounting of all details of the accident. The Contractor shall furnish the Village with copies
of all reports of such accidents at the same time that the reports are forwarded to any other interested parties.
ARTICLE XXV—NO ASSIGNMENT
If the Contractor sublets or assigns any part of the Work, then the Contractor shall not under any circumstances be
relieved of its liabilities hereunder. All transactions of the Village shall be with the Contractor. Subcontractors shall be
recognized only in the capacity of employees or workmen and shall be subject to the same requirements as to character
and competence. The Contractor shall not assign,transfer,convey, sell or otherwise dispose of the whole or any part of
this Contract to any person,firm or corporation without written consent of the Director of Public Works or his authorized
representative
ARTICLE XXVI—DEFAULT
The following shall constitute a default an"Event of Default"by the Contractor under this Contract:
A. If the Contractor shall fail to strictly observe or perform one or more of the terms, conditions, covenants and
agreements of this Contract;
B. If there shall be placed on any property owned by the Village any mechanics',materialmens' or suppliers' lien;
C. If there shall be instituted any proceeding against the Contractor seeking liquidation,dissolution or similar relief
and the same shall not be dismissed within forty-five(45)calendar days;
D. If there shall be appointed any trustee, receiver or liquidator of the Contractor and such appointment shall not
have been vacated within forty-five(45)calendar days;and
E. If the Contractor fails to maintain or obtain any and all permits, licenses and the like, if any, required by the
Village, State or Federal governments for the Work.
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Upon any Event of Default, the Village shall have the option of(i)terminating the Contract; (ii) pursuing any remedy
available to it at law or in equity;or(iii)pursuing both simultaneously. In addition,upon an Event of Default,the Village
may withhold payments due to the Contractor until it has hired a replacement of the Contractor and deducted all costs of
hiring a replacement.
ARTICLE XXVII—DELAYS
The Contractor shall not be liable in damages for delays in performance when such delay is the result of fire, flood,
strike, acts of God, or by any other circumstances which are beyond the control of the Contractor; provided,however,
under such circumstances the Village may,at its option,cancel the Contract.
ARTICLE XXVIII—COMPLIANCE WITH LAWS
The Contractor shall comply with all applicable laws,regulations and rules promulgated by any federal, state, local, or
other governmental authority or regulatory body pertaining to all aspects of the Work, now in effect, or which may
become in effect during the performance of the Work. The scope of the laws, regulations, and rules referred to in this
paragraph includes, but is in no way limited to, the Illinois Human Rights Act, Illinois Equal Pay Act of 2003,
Occupational Safety&Health Act along with the standards and regulations promulgated pursuant thereto(including but
not limited to those safety requirements involving work on elevated platforms), all forms of traffic regulations, public
utility,Interstate and Intrastate Commerce Commission regulations,Workers' Compensation Laws,Public Construction
Bond Act, Public Works Preference Act, Employment of Illinois Workers on Public Works Act, USA Security Act,
federal Social Security Act (and any of its titles), and any other law, rule or regulation of the Illinois Department of
Labor, Department of Transportation,Illinois Environmental Protection Act, Illinois Department of Natural Resources,
Illinois Department of Human Rights, Human Rights Commission, EEOC, and the Village of Buffalo Grove.
Notwithstanding the following,the Contractor shall particularly note that:
A. NO DISCRIMINATION — The Contractor shall comply with the provisions of the Illinois Public
Works Employment Discrimination Act and the Illinois Human Rights Act/Equal Opportunity Clause which, pursuant
to Illinois law,are deemed to be part of this Contract.
B. FREEDOM OF INFORMATION-The Contractor agrees to furnish all documentation related to the
Contract,the Work and any documentation related to the Village required under an Illinois Freedom of Information Act
(ILCS 140/1 et. seq.)("FOIA") request within five(5)calendar days after the Village issues Notice of such request to
the Contractor. The Contractor agrees to defend, indemnify and hold harmless the Village, and agrees to pay all
reasonable costs connected therewith(including,but not limited to attorney's and witness fees,filing fees and any other
expenses) for the Village to defend any and all causes, actions, causes of action, disputes, prosecutions, or conflicts
arising from Contractor's actual or alleged violation of FOIA or the Contractor's failure to furnish all documentation
related to a FOIA request within five(5)calendar days after Notice from the Village for the same. Furthermore, should
the Contractor request that the Village utilize a lawful exemption under FOIA in relation to any FOIA request thereby
denying that request, Contractor agrees to pay all costs connected therewith(such as attorneys' and witness fees, filing
fees and any other expenses)to defend the denial of the request. This defense shall include,but not be limited to, any
challenged or appealed denials of FOIA requests to either the Illinois Attorney General or a court of competent
jurisdiction.
C. ILLINOIS WORKERS ON PUBLIC WORKS ACT - To the extent applicable, the Contractor shall
comply with the Illinois Workers on Public Works Act,30 ILCS 570/1 et seq.,and shall provide to the Village any supporting
documentation necessary to show such compliance.
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D. NOT A BLOCKED PERSON- The Contractor affirms and covenants that neither the Contractor nor
any individual employed by the Contractor for this Work or under this Contract is a person forbidden from doing business
with a unit of local government under Executive Order No. 13224(Sept 23,2001), 66 Fed.Reg. 49,079(Sept 23,2001)
or is a person registered on the Specially Designated Nationals and Blocked Persons List. The Contractor shall indemnify
the Village from all costs associated with failure to comply with this paragraph.
E. SUBSTANCE ABUSE PREVENTION ON PUBLIC WORKS ACT - The Contractor knows,
understands and acknowledges its obligations under the Substance Abuse Prevention on Public Works Act(820 ILCS
265/1 et seq.), and shall comply and require all subcontractors and lower tiered contractors to comply with the
requirements and provisions thereof.
F. PREVAILING WAGE ACT - The Village is an Illinois unit of local government and the Work
hereunder is subject to the Illinois Prevailing Wage Act, 820 ILCS 130/0.01, et seq. Consequently, the Contract and
each subcontractor shall submit with their application for payment a signed statement attesting that: (i)certified payroll
has been submitted to the Illinois Department of Labor(ii)such payroll is true and accurate; (iii)the hourly rate paid to
each worker is at least equal to the prevailing wage for such work;and(iv)the Contractor or subcontractor is aware that
filing a falsely certified payroll is a Class B Misdemeanor. Any delay in processing the payments due to a lack of
aforementioned signed statement shall not be an event of default by the Village and shall not excuse any delay by the
Contractor who shall proceed with the Work as if no delay in payment has occurred. The Contractor and Village shall
agree to take any further steps not outlined above to ensure compliance with the Prevailing Wage Act. Upon two business
day's Notice, the Contractor and each subcontractor shall make available to the Village their records to confirm
compliance with the Prevailing Wage Act. Finally,to ensure compliance with Prevailing Wage Act,the Contractor and
each subcontractor shall keep for a period of not less than 5 years after the Work has been completed records of all
laborers,mechanics,and other workers employed by them for the Work;the records shall include each worker's name,
address,telephone number, classification or classifications,the hourly wages paid in each period, the number of hours
worked each day, the starting and ending times of work each day and, when available, last four digits of the social
security number. The Contractor shall provide a list of every name, address, phone number and email of every sub-
contractor for the Work
Current rates can be located on the Illinois Department of Labor website.
https://www2.ill i nois.gov/idol/Laws-Rules/CON MED/Pages/Rates.aspx
ARTICLE XXIX—NO WAIVER OF RIGHTS
A waiver by the Village of any Event of Default or any term of provision of this Contract shall not be a waiver of the
same Event of Default,another Event of Default or any other term or provision of this Contract.
ARTICLE XXX—CONTROLLING LAW AND VENUE
This Contract is entered into in the State of Illinois,for work to be performed in the State of Illinois and shall be governed
by and construed in accordance with the laws of the State of Illinois. Any legal matters or dispute shall be resolved in
the Circuit Court of Cook County and the Parties hereby submit to the jurisdiction of such Circuit Court. This Contract
shall be construed without regard to any presumption or other rule requiring construction against the Party causing the
Contract to be drafted.
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ARTICLE XXXI—MISCELLANEOUS
A. AMENDMENT—This Contract may be amended only in writing executed by both Parties.
B. NO RECORDING—This Contract,or a memorandum thereof,may not be recorded in any form by either Party.
If either Party records this Contract,or a memorandum thereof,they shall immediately file a release of the same.
C. SECTION HEADINGS — The headings in the Contract are intended for convenience only and shall not be
taken into consideration in any construction or interpretation of the Contract.
D. NO THIRD-PARTY BENEFICIARIES —This Contract does not confer any rights or benefits on any third
party.
E. BINDING EFFECT — This Contract shall be binding and inure to the benefit of the Parties hereto, their
respective legal representatives,heirs and successors-in-interest.
F. ENTIRE AGREEMENT—This Contract supersedes all prior agreements and understandings and constitutes
the entire understanding between the Parties relating to the subject matter hereof.
G. SEVERABILITY-If any term,condition or provision of the Contract is adjudicated invalid or unenforceable,
the remainder of the Contract shall not be affected and shall remain in full force and effect,to the fullest extent
permitted by law.
H. TORT IMMUNITY DEFENSES - Nothing contained in this Contract is intended to constitute nor shall
constitute a waiver of the rights, defenses, and immunities provided or available to the Village under the Local
Governmental and Governmental Employees Tort Immunity Act,745 ILCS 10 et seq.
I. CALENDAR DAYS AND TIME-Unless otherwise provided in this Contract,any reference in this Contract
to"day"or"days"shall mean calendar days and not business days. If the date for giving of any notice required
to be given, or the performance of any obligation,under this Contract falls on a Saturday, Sunday or federal
holiday,then the notice or obligation may be given or performed on the next business day after that Saturday,
Sunday or federal holiday.
J. COUNTERPARTS — This Contract may be executed by the Parties in any number of counterparts, each of
which shall be deemed an original,but all of which together shall constitute an original instrument.
IN WITNESS WHEREOF,the Parties hereto have caused the Contract to be executed as of the Effective Date.
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Village of Buffalo Grove, Schroeder& Schroeder,Inc.
an Illinois home-rule unit of government [An Illinois Construction company]
By: / By: 77,67
Name: Dane Brag Name: Chri Schroeder
Title: Village Manager Title: President
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VoBG-2021-26
CONTRACT EXHIBIT A
[Description of the Work]
57
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CONTRACT EXHIBIT B
[Schedule of Prices]
58
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EXHIBIT B - SCHEDULE OF PRICES (cont.)
THE BELOW ITEM NUMBERS CORRESPOND TO THE SECTION NUMBERS WITHIN THE DESCRIPTION
OF WORK.
Estimated Est.Qty x Unit Price
Item Item Description Quantities Units Unit Price Extended Price
1 TRAFFIC CONTROL&PROTECTION 1 L SUM 3,750.00 3,750.00
2 CONSTRUCTION LAYOUT 1 L SUM 2,250.00 2,250.00
3 AGGREGATE BASE COUSE,TYPE B,5" 506 SQ YD 6.00 3,036.00
4 P.C,C SIDEWALK,5" 4550 SQ FT 9.00 40,950.00
5 DETECTABLE WARNINGS 10 SQ FT 50.00 500.00
CONCRETE CURB&GUTTER REMOVAL
6 & REPLACEMENT 35 LF 50.00 1,750.00
7 CLASS D PATCH, FULL DEPTH 8 SQYD $5.00 680.00
8 PARKWAY RESTORATION 1200 SQYD 6.00 7,200.00
TOTAL CONTRACT PRICE 60,116.00
IVY HALL PARK SIDEWALK IMPROVEMENTS 8