2022-01-03 - Ordinance 2022-007 - AUTHORIZING EXECUTION OF A CONTRACT WITH EFRAIM CARLSON & SON, INC. FOR THE ARBORETUM GOLF COURSE PATIO UPGRADE ORDINANCE NO. 2022-007
AN ORDINANCE AUTHORIZING EXECUTION!OF A CONTRACT WITH EFRAIM CARLSON &SON INC.FOR
THE ARBORETUM GOLF COURSE PATIO UPGRADE
WHEREAS,the Village of Buffalo Grove is a home rule unit pursuant to the Illinois Constitution of
1970; and
WHEREAS, the Village sought out companies qualified to provide the requested services and
materials; and
WHEREAS,the Village engaged in a competitive procurement process to obtain the best value for
money.
NOW THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF BUFFALO GROVE,COOK AND LAKE COUNTIES, ILLINOIS,as follows:
SECTION 1. The foregoing recitals are hereby adopted and incorporated and made a part of this Ordinance
as if fully set forth herein.
SECTION 2. The Village Manager is authorized to execute a contract with Efraim Carlson & Son, Inc. for
the Arboretum Golf Course Patio Upgrade at a total price not to exceed $251,020.00, pending review and
approval by the Village Attorney.
SECTION 3. If any section, paragraph, clause or provision of this Ordinance shall be held invalid, the
invalidity thereof shall not affect any other provision of this Ordinance.
SECTION 4. This Ordinance shall be in full force and effect from and after its passage and approval and
not be codified.
AYES: 6—Stein Ottenheimer Weldenfeld Johnson Smith Pike
NAYES: 0- None
ABSENT: 0— None
PASSED: Jnrar ,
APPROVED: Janar 2022
APPROVED:
everly Sussma ; � Illage President
ATTEST:
Janet M; : bia Vii�a�e clerk.
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ARBORETUM GOLF COURSE PATIO UPGRADES
Arboretum Golf Course Patio Upgrades (the "Contract") is entered between the Village of Buffalo Grove
(hereinafter the "Village" or "Owner"), an Illinois home-rule unit of government, and Efraim Carlson& Son.
Inc. an [Illinois Construction Company] (hereinafter the "Contractor") on this day of Jan 20, 2022 (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 and Payment 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.
The Village of Buffalo Grove reserves the right to reject a proposed price increase and terminate the
Contract.
ARTICLE IV—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 ExhibitE;
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 Director of Public Works,provided that acceptance by the Director of Public Works shall not be unreasonably
delayed,on or before Friday May 27, 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 days 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 and PAYMENT 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 CG 20 10 or CG 20 26 and CG 20 01 04 13
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.
5. Builder Risk Property Coverage with Village as loss payee
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B. Minimum Limits of Insurance: Contractor shall maintain limits no less than:
1. Commercial General Liability: $1,000,000 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$2,000,000 or a project/contract specific aggregate of$1,000,000.
2. Business Automobile Liability: $1,000,000 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.
5. Builder's Risk: Shall insure against "All Risk" of physical damage, including water damage (flood and
hydrostatic pressure not excluded), on a completed replacement cost basis.
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's 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.
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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.
K. Failure to Comply
In the event the Contractor fails to obtain or maintain any insurance coverage's required under this contract,
The Village may purchase such insurance coverage's and charge the expense thereof to the Contractor.
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ARTICLE X—CERTIFICATE OF AUTHORITY AND 5_U$ETY 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: Director of Public Works
WITH COPIES TO: Cc:pbrankin@schainbanks.com
Cc:brobinson@vbg.org
Efralm Carlson&Son,Inc.
IF TO THE CONTRACTOR: rive,Suite 105
Libertyville,IL 60048
ATTN: Avr.5 !-< ,,L7(
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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—NOTICE OF STARTING WORK
The Contractor shall provide Notice to the Village prior to the Contractor,or its employees or
subcontractors,starting the Work or any phase of the Work.
ARTICLE XV—SEOUENCE 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.
ARTICLE XVI—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 superintendant or person, executing work for the Contractor, shall be
binding on the Contractor as though it was personally given to the Contractor.
ARTICLE XVII—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.
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ARTICLE XVIII—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 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-relatedmatters.
ARTICLE XIX—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 XX—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 XXI—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.
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ARTICLE XXII—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.
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 XXIII—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 XXIV—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.
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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.
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.
Pursuant to PA 100-1177 the Illinois Department of Labor (IDOL) has activated an electronic database
(Payroll Portal)capable of accepting and retaining certified payrolls submitted under the State of Illinois Prevailing
Wage Act(820 ILCS/130/1). All contractors and subcontractors completing work for the Village of Buffalo Grove
pursuant to the Act must submit all certified payroll through the IDOL Payroll Portal.
Consequently,the Contractor and each subcontractor shall submit with their application for payment(s)the
email certification received from their IDOL Payroll Portal submittal with each of their pay requests.Any delay in
processing the payments due to a lack of aforementioned email certification 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 days' 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
Current rates can be located on the Illinois Department of Labor website.
https://www2 Illinois gov/idol/Laws-Rules/CONMED/Pages/Rates.aspx
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ARTICLE XXV—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 XXVI—CONTROLLING LAW AND VENTJF
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.
ARTICLE XXVII—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.
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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.
Village of Buffalo Grove, Efraim Carlson& Son,Inc.
an Illinois home-rule unit of government [An Illinois construction company]
By: //d: r s7' ` r
Name: Dane Br'gg Name:
Title: Village Manager Title: e�
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CONTRACT EXHIBIT C- FORM OF PERFORMANCE AND PAYMENT BOND
Bond Number:
KNOW ALL MEN BY THESE PRESENTS,That (the"Principal")and
(the"Surety"),are held and firmly bound unto the Village of Buffalo Grove, an Illinois
home-rule unit of government(the"Village"),the full and just sum of Dollars
($ )in lawful money of the UNITED STATES OF AMERICA as herein provided.
THE CONDITION OF THIS OBLIGATION is such that the Principal and Surety agree to bind themselves,their
successors,assigns,executors,heirs and administrators,jointly and severally,for the full and faithful performance
of the Work as defined in that particular Arboretum Golf Course Patio Upgrades between Principal and the Village
dated day of , 20 ,(hereinafter referred to as the"Contract"),a copy of which is attached and
incorporated by reference as though fully set forth herein.
NOW THE CONDITIONS OF THIS OBLIGATION ARE SUCH that if the said Principal (i) shall in all
respects keep and perform all the undertakings, covenants, terms, conditions and agreements of the Contract; (ii)
shall pay all sums of money due or to become due, for any labor, materials, apparatus, fixtures or equipment
furnished for the Work provided in said Contract;and(iii)shall remove and replace any defects in workmanship or
materials which may be apparent or may develop within the ARTICLE XIX — WARRANTY PERIOD of the
Contract,then this obligation shall be null and void;otherwise it shall remain in full force and effect.
And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration
or addition to the terms of the Contract or the Work thereunder shall in any way affect its obligation on this Bond,
and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the
Contract or to the Work.
IN WITNESS WHEREOF,we have hereunto set our hands and sea day of ,20 .
SURETY PRINCIPAL
By: By:
Name: Name:
Title: Title:
ATTEST ATTEST
By: By:
NOTE: Date of Bond must not be prior to date of Contract.
If Contractor is Partnership, all partners should execute Bond.
IMPORTANT: Surety companies executing Bonds must appear on the Treasury Departments most current list
(Circular 570 as amended) and be authorized to transact business in the state where the Work is located.
Arboretum Golf Course Patio Remodel 16
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CONTRACT EXHIBIT D- PARTIAL WAIVER
PARTIAL LIEN WAIVER
STATE OF ILLINOIS
COUNTY OF
TO WHOM IT MAY CONCERN:
WHEREAS S the undersigned has been employed by
to fattish
for the premises known as
of which is the owner.
THE undersigned,.for and in consideration of
(S
)Dolly,and other good and calmhle considerations.the receipt whereof is hereby acknowledged,do(es)hereby waive and release
any and all hen or claim o1 or right to,lien,under the statutes of the State of Illinois,relating to mechanics liens,with u. 1.ect to
and on said above-described penises, and the improvements thereon_ and on the material, fixtures, apparatus or machinery
famished.and on the moneys,funds or other censid.eratiens due at to become due from the owner,on account of all labor;services,
material fixtures. apparatus or machinery, furnished to this date by the undersigned for the above-described premises,
INCLUDING EXTRAS.s
DATE COMPANY NAME
ADDRESS
SIGNATURE A1D ITILE
*EXTRAS INCLUDE BUT ARE NOT LIMITED TO CHANGE ORIlfl.A BOTH ORAL AND WRITTEN,TO THE CONTRACT
CONTRACTOR'S AFFIDAVIT
STATE OF ILLINOIS
COUNTY OF
TO WHOM IT MAY CONCERN:
THE UNDERSIGNNED,(NAME) BEING DULY SWORN,DEPOSES
AND SAYS THAT HE OR SHE IS(POSITION) OF
(COMPANY NAME) WHO IS THE
CONTRACTOR FURNISHING WORK ON THE BUILDING
LOCATED AT
OWNED BY
That the total amotmt of the contract including extras*is S on which he or she has received payment of
S prior to this payment. That all waivers are true,correct and gemane and delivered unemditinrolly and that
there is no claim either legal or equitable to defeat the validity of said waivers That the following are the names and addresses of ail
parties who have furnished or delivered material or labor.or both_for said wok and all parties having contracts or sub contracts for
specific portions of said wadi or for matenal entering into the construction thereof and the amount due or to become due to each and
that the items mentioned ire-hide all labor and material required to cone fete said work according to pis and specifications:
NAMES AND ADDRESSES WHAT FOR cornwcT tinge .AMOUNT' 1H75 BAD
nrm arcs' PAID PAY/MIT DUE
TOTAL.LA BOR AND MATERIAL INCURAVG E.CTRAS.TO COMPLETE.
That there are no other contracts for said work outstanding,and that there is nothing due or to become due to any person fur material_labor
or other work of any kind done or to be done upon or in convection with said work other then above stated.
DATE SIGNATURE:
SUBSCRIBED AND SWORN TO BEFORE ME THIS DAY OF
*EXTRAS INCLUDE BUT ARE NOT LIMITED TO CHANGE
ORDERS,BOTH ORAL AND WRITTEN,TO THE CONTRACT. NOTARY PUBLIC
Arboretum Golf Course Patio Remodel _7
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CONTRACT EXHIBIT E- FINAL WAIVER
FECAL WAIVER OF LIEN
STATE OF I t NOIS
COUNTY OF
TO WHOM IT MAY CONCERN:
WHEREAS the undersigned has been employed by
to furnish
for the premises known as
of which is the owner.
THE,nde-- for and in consideration of
(S J Dollars,and other good and valuable considerations,the receipt whereof is hereby acknowleciged
do(es)hereby waive and release any and all lien or claim of;or right to,lien,under the states of the State of Illinois,relating
to mechanics'hem,with n.nyect to and on said above-described prem.se.and the imnrovem®t thereon,and on the material,
fixtures,apparatus or machinery&¢nished and on the moneys.funds or other consideranceis due or to become due from the
owner,on account of all labor,services,material,fixtures,apparatus or machinery,heretofore furnished,or which may be
furnished at any time hereafter,by the undersigned for the above cubed premises,INCLUDING EXTRAS,*
DATE COMPANY NAME.
ADDRESS
SIGNATURE AND TITLE
`EXTRAS INCLUDE BUT ARE NOT LIMITED TO CHANGE ORDERS.BOTH ORAL AN1D WRITTEN.TO THE CO:tiTRACT
CONTRACTOR'S AFFIDAVIT
STATE OF ILLINOIS
COUNTY OF
TO WHOM IT MAY CONCERN:
THE UNDERSIGNED,(NAME) BEING DULY SWOR�i,DEPOSES
AND SAYS THAT HE OR SHE IS(POSITION) OF
(COMPANY NAME) WHO IS THE.
CONTRACTOR FURNISHING WORK ON THE BUILDING
LOCAtEU AT
OWNED BY
That the total aono nYt of the contract including extras*is$ on which he or she has received payment of
$ prior to this payment. That all waivers are true,correct and genuine and delivered unconditionally and that
there is m claim either legal or equitable to defeat the v"al clity of said waivers. That the folloning are the nacres and addresses
of all Pis who have furnished or delivered material or labor.or both for said work and all parties having contracts or sub
cut,hads far pecrfic porhoos of said work or far material entering into the conduction thereof and the amount due or to
become duce to each,and that the item mannered include all labor and material required to complete said work according to
plans and specifications:
CONTRACT AMOUNT THIS
NAMES AND ADDRESSES WHAT FOR PAID PAYMENT BA DUNCE E
fltLDG
TOTAL LABOR AND MATERIAL INCLUDING EXTRAS`
That there are no other contracts for said work outstanding,and that there is nothing due or to become due to any person for
material labor or other warn of any kind done or to be done upon or in connection with said work other than above stated
DATE SIG- ATI-RE:
SUBSCRIBED AND SWORN TO BEFORE ME THIS DAY OF
*EXTRAS INCLUDE BUT ARE NOT LIMITED TO CHANGE
ORDERS,BOTH ORAL AND WRITTEN.TO THE CONTRACT NOTARY PUBLIC
Arboretum Golf Course Patio Remodel !5