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BT Plumbing ProjectTO: ⅥLLAGE OF OAK BR00K CONTRACT FOR THE OAK BR00K BATH&TENNIS CLUB PLUMBING PROJECT Full Name of Contractor:F.E.Ⅳ10ran,Inc.(`COん ιracι o〆') Principa1 0fflce Address:2265 CarlsOn Drive,NorthbrOok,11linois 60062 Contact Person: Andy Neumann TelephOne Number:847‐498‐4800 Village of Oak Brook ("Village") 1200 Oak Brook Road Oak Brook, Illinois Attention: Doug Patchin, Public Works Director Contractor warrants and represents that Contractor has carefully exumined the Work Site described below and h.as reuiewed and understood all documents included, referred to, or mentioned in th.is bound set of documents. 1. Work A. Contract and Work. Contractor acknowledges, and agrees, that Contractor shall, at its sole cost and expense, provide, perform, and complete, in the manner specified and described, and upon the terms and conditions set forth, in this Contract, all of the following, all of which is herein referred to as the "Work": 1. Labor. Equipment. Materials. and Supplies. Provide, perform, and complete, in the manner specifred and described in this Contract, all necessary work, Iabor, services, transportation, equipment, materials, supplies, information, data, and other means and items necessary for the Oak Brook Bath & Tennis Club Plumbing Project, as specified in Exhibit A attached hereto, at the Oak Brook Bath & Tennis Club, 800 Oak Brook Road, Oak Brook, Illinois 60523 ("Work Site"); 2. Permits. The Village will furnish all permits, licenses, and other governmental approvals and authorizations necessary in connection therewith; 3. Insurance. Procure and furnish insurance certificates specified in this Contract; 4. Taxes. Pay all applicable federal, state, and local taxes; 5. Miscellaneous. Do all other things required ofContractor by this Contract; and 6. Qualitv. Provide, perform, and complete all of the foregoing in a proper and workmanlike manner, consistent with the standards of recognized professional frrms in performing Work of a similar nature, in full compliance with, and as required by or pursuant, to this Contract, and with the greatest economy, efficiency, and expedition consistent therewith, with only new, undamaged, and first quality equipment, materials, and supplies. B Performance Standards.Contractor acknowledges and agrees that all Work shall be fully provided, performed, and completed in accordance with the Proposal dated March 15, 2019, attached hereto as Exhibit A. C. Responsibility for Damaee or Loss. Contractor proposes, and agrees, that Contractor shall be responsible and liable for, and shall promptly and without charge to Village repair or replace, any damage done to, and any loss or injury suffered by, the Village, the Work, the Work Site, or other property or persons as a result of the Work. D. Inspection/Testine/Reiection. Village shall have the right to inspect all or any part of the Work and to reject all or any part of the Work that is, in Village's judgment, defective or damaged or that in any way fails to conform strictly to the requirements of this Contract and the Village, without limiting its other rights or remedies, may require correction or replacement at Contractor's cost, perform or have performed all Work necessary to complete or correct all or any part of the Work that is defective, damaged, or nonconforming and charge Contractor with any excess cost incurred thereby, or cancel all or any part of any order or this Contract. Work so rejected may be returned or held at Contractor's expense and risk. 2. Contract Price Contractor acknowledges and agrees that Contractor shall take in full payment for all Work and other matters set forth under Section 1 above, including overhead and profit; taxes, contributions, and premiums; and compensation to all subcontractors and suppliers, the compensation set forth below. A. SCHEDULEOFPRICES For providing, performing, and completing all Work, the total Contract Price of $6,577.00 TOTAL CONTRACT PRICE (in writing): Six Thousand Five Hundred and Seventy-Seven Dollars Only B. BASIS FOR DETERMINING PRICES It is expressly understood and agreed that: 1. All prices stated in the Schedule of Prices are firm and shall not be subject to escalation or change; 2. The Village is not subject to state or local sales, use, and excise taxes, that no such taxes are included in the Schedule of Prices, and that all claim or right to claim any additional compensation by reason of the payment of any such tax is hereby waived and released; 3. All other applicable federal, state, and local taxes of every kind and nature applicable to the Work are included in the Schedule of Prices. C. TIME OF PAYMENT It is expressly understood and agreed that all payments shall be made upon completion of the work and final approval by the Village. All payments may be subject to deduction or setoff by reason of any failure of Contractor to perform under this Contract. Each payment shall include Contractor's certification of the value of, and partial or final waivers of lien covering, all Work for which payment is then requested and Contractor's certification that alt prior payments have been properly applied to the payment or reimbursement of the costs with respect to which they were paid. 3. Contract Time Contractor acknowledges and agrees that Contractor shall commence the Work within 15 d.ays (weather pennitting) following the Village's acceptance of this Contract provided Contractor shall have furnished to the Village all bonds and all insurance certificates specified in this Contract ("Comrnencernent Date"). Contractor further acknowledges and agrees that Contractor shall perform the Work diligently and continuously and shall complete the Work not later than April 30, 2019 ("Time of Perfonnance"). The Village may modifr the Time of Performance at any time upon 15 days prior written notice to the Contractor. Delays caused by the Village shall extend the Time of Performance; provided, however, that Contractor shall be responsible for completion of all Work within the Time of Performance, notwithstanding any strike or other work stoppage by employees of either Contractor or of the Village. 4. Finaucial Assurance A. Insurance. Contractor acknowledges and agrees that Contractor shall provide certificates of insurance evidencing the minimum insurance coverages and limits set forth in Exhibit B within 10 days following the Village's acceptance of this Contract. Such policies shall be in form, and from companies, acceptable to the Village. The insurance coverages and limits set forth Exhibit B shall be deemed to be minimum coverages and limits and shall not be construed in any way as a limitation on Contractor's duty to carry adequate insurance or on Contractor's liability for losses or damages under this Contract. The minimum insurance coverages and limits that shall be maintained at all times while providing, performing, or completing the Work are as set forth in Exhibit B. B. Indemnification. Contractor acknowledges and agrees that Contractor shall indemnifu and save harmless the Village its officers, officials, employees and volunteers, against all damages, liability, claims, losses, and expenses (including attorneys'fee) that may arise, or be alleged to have arisen, out of or in connection with Contractor's performance of, or failure to perform, the Work or any part thereof, or any failure to meet the representations and warranties set forth in Section 6 of this Contract.2 D. Penalties. Contractor acknowledges and agrees that Contractor shall be solely liable for any fines or civil penalties that are imposed by any governmental or quasi-governmental agency or body that may arise, or be alleged to have arisen, out of or in connection with Contractor's performance of, or failure to perform, the Work or any part thereof. 5. Firm Proposal All prices and other terms stated in this Contract are firm and shall not be subject to withdrawal, escalation, or change. 6. Contractor's Representations andWarranties In order to induce the Village to accept this Contract, Contractor hereby represents and warrants as follows: A. The Work. The Work, and all of its components, shall strictly conform to the requirements of this Contract, including, without limitation, the performance standards set forth in Subsection 18 of this Contract; and shall be fit, suflicient, and suitable for the purposes expressed in, or reasonably inferred from, this Contract and the warranties expressed herein shall be in addition to any other warranties expressed or implied by law, which are hereby reserved unto the Village. B. Compliance with Laws. The Work, and all of its components, shall be provided, performed, and completed in compliance with, and Contractor agrees to be bound by, all applicable federal, state, and local laws, orders, rules, and regulations, as they may be modified or amended from time to time, including without limitation, if applicable, the Prevailing Wage Act, 820 ILCS 130/0.01 et seq.; any other prevailing wage laws; any statutes requiring preference to laborers of specifred classes; any statutes prohibiting discrimination because of, or requiring affirmative action based on, race, creed, color, national origin, oB€, sex, or other prohibited classifrcation; and any statutes regarding safety or the performance of the Work. Further, Contractor shall have a written sexual harassment policy in compliance with Section 2-105 of the Illinois Human Rights Act during the course ofthe work. C. Not Barred. Contractor is not barred by law from contracting with the Village or with any other unit of state or local government as a result of (i) a delinquency in the payment of any tax administered by the Illinois Department of Revenue unless Contractor is contesting, in accordance with the procedures established by the appropriate Revenue Act, its liability for the tax or the amount of tax, as set forth in 65 ILCS SllL-42.1-1; or (ii) a violation of either Section 33E-3 or Section 338-4 of Article 33 of the Criminal Code of 1961, 720ILCS 5/33E-1 et seq. D. Qualified. Contractor has the requisite experience, ability, capital, facilities, plant, organization, and staff to enable Contractor to perform the Work successfully and promptly and to commence and complete the Work within the Contract Price and Contract Time set forth above. 7. Acknowledgements In submitting this Contract, Contractor acknowledges and agrees that: A. Reliance. The Village is relying on all warranties, representations, and statements made by Contractor in this Contract. B. Acceptance. If this Contract is accepted, Contractor shall be bound by each and every term, condition, or provision contained in this Contract. C. Remedies. Each of the rights and remedies reserved to the Village in this Contract shall be cumulative and additional to any other or further remedies provided in law or equity or in this Contract. D. Time. Time is of the essence in the performance of all terms and provisions of this Contract and, except where stated otherwise references in this Contract to days shall be construed to refer to calendar days and time. E. No Waiver. No examination, inspection, investigation, test, measurement, review, determination, decision, certifrcate, or approval by the Village, whether before or after the Village's acceptance of this Contract; nor any information or data supplied by the Village, whether before or after the Village's acceptance of this Contract; nor any order by the Village for the payment of money; nor any payment for, or use, possession, or acceptance o( the whole or any part of the Work by the Village; nor any extension of time granted by the Village; nor any delay by the Village in exercising any right under this Contract; nor any other act or omission of the Village shall constitute or be deemed to be an acceptance of any defective, damaged, or nonconforming Work, nor operate to waive or otherwise diminish the effect of any representation or warranty made by Contractor; or of any requirement or provision of this Contract; or of any remedy, power, or right of the Village. F. Severabilitv. It is hereby expressed to be the intent of the parties to this Contract that should any provision, covenant, agreement, or portion of this Contract or its application to any Person or property be held invalid by a court of competent jurisdiction, the remaining provisions of this Contract and the validity, enforceability, and application to any Person or property shall not be impaired thereby, but the remaining provisions shall be interpreted, applied, and enforced so as to achieve, as near as may be, the purpose and intent3 of this Contract to the greatest extent permitted by applicable law. G. Amendments and Modifications. No amendment or modification to this Contract shall be effective until it is reduced to writing and approved and executed by the corporate authorities ofthe parties in accordance with all applicable statutory procedures. H. Assisnment. Neither this Contract, nor any interest herein, shall be assigned or subcontracted, in whole or in part, by Contractor except upon the prior written consent of the Village. I. Governins Law: Venue. This Contract shall be governed by, construed and enforced in accordance with the internal laws, but not the conflicts of laws rules, of the State of Illinois. Venue for any action arising out of or due to this Contract shall be in the Circuit Court for DuPage County, Illinois. J. Certified Pavrolls. Contractor shall, in accordance with Section 5 of the Illinois Prevailing Wage Act, 820 ILCS f 30/5, submit to the Village, on a monthly basis, a certified payroll, if applicable. The certified payroll shall consist of a complete copy of those records required to be made and kept by the Prevailing Wage Act. The certified payroll shall be accompanied by a statement signed by the Contractor or subcontractor which certifies that: (1) such records are true and accurate; (2) the hourly rate paid is not less, if applicable, than the general prevailing rate of hourly wages required by the Prevailing Wage Act; and (3) Contractor or subcontractor is aware that filing a certified payroll that he or she knows to be false is a Class B misdemeanor. A general contractor may rely upon the certification of a lower tier subcontractor, provided that the general contractor does not knowingly rely upon a subcontractor's false certification. Upon two business days' notice, Contractor and each subcontractor shall make available for inspection the records required to be made and kept by the Act: (i) to the Village, its officers and agents, and to the Director of the Illinois Department of Labor and his or hers deputies and agents; and (ii) at all reasonable hours at a location within this State. K. Conflicts of Interest. Contractor represents and certifies that, to the best of its knowledge, (l) no elected or appointed Village official, employee or agent has a personal financial interest in the business of the Contractor or in this Agreement, or has personally received payment or other consideration for this Agreement; (2) as of the date of this Agreement, neither Contractor nor any person employed or associated with Contractor has any interest that would conflict in any manner or degree with the performance of the obligations under this Agreement; and (B) neither Contractor nor any person employed by or associated with Contractor shall at any time during the term of this Agreement obtain or acquire any interest that would conflict in any manner or degree with the performance of the obligations under this Agreement. L. Exhibits and Other Agreements. If any conflict exists between this Agreement and any exhibit attached hereto or any other Agreement between the parties relating to this transaction, the terms of this Agreement shall prevail. M. No Disclosure of Confidential Information by the Consultant. The Consultant acknowledges that it shall, in performing the Services for the Village under this Agreement, have access, or be directly or indirectly exposed, to Confidential Information, The Consultant shall hold confidential all Confidential Information and shall not disclose or use such Confidential Information without the express prior written consent of the Village. The Consultant shal] use reasonable measures at least as strict as those the Consultant uses to protect its own confidential information. Such measures shall include, without Iimitation, requiring employees and subcontractors of the Consultant to execute a non-disclosure agreement before obtaining access to Confidential Information.4 IN WITNESS WHEREOF the parties horeto :置 .縄 W燃 18ン rteF減 l蹴 3.eX∝ 帆et VILLAGE OF OAI( BBOOK, an Illinois municipal cor?oration 町 |Village Clerk ATTEST: EXIIBrr五 fPROPOSAL D4TED MARCH Jら 2θ Jの6 2265 Carlson Drive . Northbrook lL @062 . (847) 498-4800 r (Fax) /r98-9o9'l PLUMBING PROPOSAL Atln: Doug Hroba Proposal Date: 311512019 Revision #: lnitial Customer: Village of Oak Brook Pro.iect: Water Meter Pipe Replacement Address: 1200 Oak Brook Rd. Address: 800 Oak Brook Rd. Oak Brook, 1160523 City, State, Zip: Oak Brook, lL 50523 Phone No.: 630-368-5282 Architect: N/AEmail: dhroba@oak-brook.orq Date of Plans: N/A Dear Doug Hroba, We appreciate the opportunily to provide you with a proposal for the plumbing work associated with the above referenced project. ln accordance with F.E. Moran's commitment to quality and safety that extends far beyond industry standards, we intend to provide labor and material necessary to inslall the following: Connect to the existing Fire system main water supply. lnstall a new three inch connection to the existing piping for domestic water supply. We will install a lhree inch, customer supplied, water meter and, one inch, RPZ backflow device for the irrigation supply. We will connect to the existing copper main water supply, where available. We will test for proper operation upon completion. P LU M BING PROPOSAL PR'CE $6,5n.N Altemates: Alternate #'l - Supply 1" Rpz Bacmow Device forthe lmigation System ADD: $604.00 Alternate #2 - Cap Eliminated Victaulic Water Supply Piping ADD: $374.00 Alternate #3 - Provide 3/4" Ball Valve and Cap for Pool lrrigation Line (Connected to Existing by Others) ADD: $374.00 Bld Clartficatlons: All Piping Figured as Follows:Pipe Joints Descriotion Copper L Soldered Above Ground Water Piping 3" and Smaller Meter Supplied By Others and lnstalled By FE Moran Backflow Preveniion as indicated above, lncluding Certifications as Needed Demo lncluded Fixtures and Equipment Listed Above Supplied and lnstalled by FE Moran Unless Noted OtheMise Final Connections as Noted Above Pipe lnsulation of Newly lnstalled Piping is lncluded All Labor Figured During Regular Hours Tax Exempt Above Pricing is provided underthe assumption that all existing plumbing systems are in good working order and are lnstalled in Accordance with Local Codes Th6re was no construction schedule provided, an overly aggressive schedule may lmpact price F.E. Moran Plumbing Proposal l of3 Bid Exclusions: Permits, Fees, or Bonds Water Tap Fees Premium Time Gas Pipe, Process Pipe or Condensate Drain Pipe Work of Any Kind Pool piping or Equipment Electrical Work of Any Kind Painting Work of Any Kind Patching Work of Any Kind Dumpsters Beam Penetrations Opening or Closing of Walls or Ceilings for Our Work Protection of Existing Finishes Upgrades or Repairs of Existing System Beyond Scope Listed Above Seismic Bracing Temporary Plumbing Services / Systems Chlorination, Testing and Flushing of lncoming Water Service This Proposal is Valid for a Period of 30 days Thank you for contacting F.E. Moran regarding this project. We look foMard to working with you. lf you have any questions, please do not hesitate to contact me at: U7-291-6312 Bid#: 120190318-071 Revision#: inlial Prolecti Water Meter Pipe Replacement Company: v∥lage of Oak Br●ok Sincerely,..,.+r-' -- Andy Neumann F.E. Moran orized and that I have any t B∥∥na lnformaJon(r otherthan iob s■e): F.E. Moran Plumbing Proposal 2 of3 Terms and Conditions OFFER AND ACCEPTANCE: FE Moran, lnc. offers to sell the material, equipment and services indicated in accordance with the terms and conditions stated herein. Submittal or a purchase order or execution of this offer shall be deemed as acceptance of this offer, which offer and acceptance shall constitute a legally enforceable contract between the CUSTOMER and FE Moran, lnc. TERMS: FE Moran, lnc. payments are due 30 days from receipt of invoice. lf the contract amount exceeds $10,000.00 a down payment is required. The down payment can beintheformof 25% of the contract amount or the cost of materials / equipment, v/hichever is greater. When a down payment is secured, work can begin. Customer agrees to pay interest on any sums outstanding and past due computed at 2% per annum over the current prime rate of interest or at highest lawful rate if that rate is lower. Customer agrees to pay all of FE Moran, lnc. costs and expenses incurred in enforcing FE Moran, lnc. rights or remedies hereunder or any of the tems hereof, including but not limited to, FE Moran, lnc. reasonable attorney's fees and court costs for any action brought under this agreement and shall be in the Circuit Courts of Cook County lllinois. lf, for any reason, the Cuslomer requests work, other than emergency service, to be done before or after FE Moran, lnc. regular working hours, such as Saturdays, Sundays, and Holidays, the Customer agrees to reimburse FE Moran, lnc. for any labor costs above those applicable to regular working hours. FE Moran, lnc. is entitled to discontinue its performance under this agreement at any time payments are past due. ExctusloNs: ln addition to exclusions listed herein the identification, detection, encapsulation, removal or disposal of asbestos, lead, or products or materials containing other hazardous substances is beyond the scope of this agreement and FE Moran, lnc. is not required to perform same. GUARANTEE AND WARRANTY: Our bid includes a one (1) year parls warranty from the manufacturer supplied by FE Moran, lnc. and a thirty (30) day v/orkmanship guarantee from FE Moran, lnc. from date of completion of such work. Any enended equipmenupart warranties will be listed above. Beyond 30 days this warranty does not include the cost of handling, shipping, or transportation involved in supplying replacement for defective components. The customer agrees to provide routine maintenance as specified by the manufacturer to ensure efficient operation and warranty coverage. Warranty is void if payments are not made in accordance with terms and conditions of this proposal or customers negligence or improper operation of the equipment or parts sold; or breakage caused by customers carelessness; nor is FE Moran, lnc. responsible for any alterations that may be made to equipment or parts sold to customers by others. GENERAT TERMS AND CONDITIONS: Unless specifically stated otherwise, all work will be performed by competent union workers during normalworking hours, Monday through Friday, 7:00AM until 3:30PM. Due to market volatility of raw matedals, this proposal is valid for thirty (30) calendar days and supersedes all previously dates documents. This proposal contains proprietary design and pricing information and is provided to the recipient for their confidential use only. The recipient agrees not to lend, reproduce or otheMise disclose its contents with express wriften consent of an officer of FE Moran, lnc. FE Moran, lnc. maximum liability based upon any legal claim or cause of action, shall not exceed the contract price of this agreement. Customer shall permit timely access to the building and equipment, permit use of building services, allow FE Moran, lnc. to start and stop the equipment as necessary to perform said work. FE Moran, lnc. shall not be required to furnish any items of equipment, labor, or make special tests recommended or required by insurance companies, Federal State Municipal or other authorities except as otherwise included in this Agreement. F.E. Moran Plumbing Proposal 3 of3 EXIIBIT B (INSじRAⅣCE REQじ REMEⅣrs, Certificates of Insurance shall be presented to the Village upon execution of this contract and vendor shall not commence work until it provrdes and receives acceptance of insurance certificates from the Village as required by this exhibit. Each contractor performing any work pursuant to a contract with the Village of Oak Brook and each permittee working under a permit as required pursuant to the provisions of Title 1 of Chapter 8 of the Code of Ordinances of the Village of Oak Brook ftrereinafter referred to as "Insured") shall be required to carry such insurance as specified herein. Such contractor and permittee shall procure and maintain for the duration of the contract or permit insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work under the contract or permit, either by the contractor, permittee, or their agents, representatives, employees or subcontractors. A contractor or permittee shall maintain insurance with limits no less than: A. General Liability - $2,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage; B. Automobile Liability (if applicable) - $1,000,000 combined single limit per accident for bodily injury and property damage; C. Worker's Compensation and Employer's Liability - Worker's Compensation limits as required by the Labor Code of the State of Illinois and Employer's Liability limits of $1,000,000 per accident. Any deductibles or self-insured retention must be declared to and approved by the Village. At the option of the Village, either the insurer shall reduce or eliminate such deductible or self-insured retention as respects the Village, its officers, officials, employees and volunteers; or the Insured shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses to the extent of such deductible or self-insured retention. The policies shall contain, or be endorsed to contain, the following provisions: D. General LiabiJity and Automobile Liability Coverage - (1)The Village, its ofEcers, 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 offi.cers, officials, employees, volunteers, or agents. (z)The Insured's insurance coverage shall be primary insurance as respects the Village, its officers, officials, employees, volunteers and agents. Any insurance or self-insurance maintained by the Village, its officers, officials, employees, volunteers or agents shall be in excess of the Insured's insurance and shall not contribute with it. (3)Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Village, its officers, officials, employees, volunteers or agents. (a)The Insured's insurance shall apply separately to each covered party against whom claim is made or surt 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. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in Iimits except after thrrty (30) days prior written notice by certified mail has been given to the Village. Each rnsurance policy shall name the Village, its officers, officials and employees, volunteers and agents as additional Insureds. Insurance is to be placed with insurers with a Best's rating of no less than A: VII. Each Insured shall furnish the Village with certificates of insurance and with original endorsements effecting coverage required by this provision. The certificate and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms approved by the Village and shall be subject to approval by the Village Attorney before work commences. The Village reserves the right to require complete, certified copies of all required insurance policies, at any time. Each insured shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.8