Golf Club Electrical ProjectVILLAGE OF OAK BR00K
CONTRACT FOR THE
OAK BR00K GOLF CLUB ELECTRICAL INSTALLATION PROJECT
Full Name of COntractOr:Kapital Electric,Inc.(“COnι rac,oノ)Principa1 0fflce Address:1240 LIIark Street,Bensenville,11linois 60106
Contact Person: Don Butler,Vice President Telephone Number:(630)833‐2389
TO:Village of Oak Brook ("Village")
1200 Oak Brook Boad
Oak Brook, Illinois
Attention: Doug Patchin, Public Works Director
Contractor warrants q.nd represents thqt Contro.ctor has
carefully examined the Worh Site described below and
h,as reuiewed q.rld, understood all documents included,
referred to, or ntentioned. 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 specified and described in this
Contract, all necessary work, labor, services,
transportation, equipment, materials,
supplies, information, data, and other means
and items necessary for the Oak Brook Golf
Club Electrical Installation Project, as
specified in Exhibit A attached hereto, at the
Oak Brook Golf Club, 2606 York Road,
Brook Road, Oak Brook, Illinois 60523
("Worh 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
of Contractor by this Contract; and
6. Quality. Provide, perform, and complete all
of the foregoing in a proper and workmanlike
manner, consistent with the standards of
recognized professional firms 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 date February 12,2019, attached hereto as
Exhibit A.
C. Responsibilitv 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/Rejection. 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 andprofit; 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 $2,300.00
TOTAL CONTRACT PRICE (in writing):
Two Thousand Three Hundred 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 alt
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 Iinal waivers of lien
covering, all Work for which payment is then
requested and Contractor's certification that all
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 days (weather
permitting) 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 ("Commencement 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 modifu 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. Financial 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 indemnify 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 o{ 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. Coutractor's Representations audWarranties
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, sufficient, 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 specified
classes; any statutes prohibiting discrimination because
of, or requiring affirmative action based on, race, creed,
color, national origin, age, sex, or other prohibited
classification; 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 of the 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
Sltl-42.1-l; or (ii) a violation of either Section 33E-3 or
Section 33E-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, certificate, 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 of, 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. Severability. 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 intent
of this Contract to the greatest extent permitted by
applicable law.3
0. &psrd,mslu-sndssdrsscrisus. No amendment
or modrlication to this Contract shall be effective until it
re rcduned to writing and approved rnd exocuted by tho
cnrpornle authoriirr* of the partiea in acmrdance with alt
applicable ff laiutorl, procedures.
H. rtsgignE$$. Nerther this Contract, nor any
inlercet herrin, shall be aaoigned or gubcontracted, i;
whole or in part, by Contractor except upon the prior
wnLten consenl of the Village .
l. Oovpqtrine l,e',$ Ye$qg. This Contract ahall bs
governed by, construed end enforced in accordance with
the internal laws, but not the con{licts of larms ruleg, of
the State of lllinois. Venue for any action arising out of
or due to thie Contract shall be in the Circuit Court for
DuPage County, Illinoie.
J. Cer.tified Pavrolle. Contractor rhall, in
accordance with Section 6 of the lllinois prevailing Wage
Act, S20 ILCS 130/5, submit to the Village, on a monthly
basis, s cnertilied payroll, if applicable. The clrtified
payroll shall congiat of a complete copy of those recordr
required to be made and hept by the Prevailing Wage
Act. The certified payroll ghall be accompanied by a
8ta[ement aigned by the Contractor or subcontractor
which certifies that: (l) such records arc true and
accuraLe: (2) the hourly raie paid ie not leas, if
applicable, than the general prevailing rate of hourly
wagee requinrd by the Prevailing \{age Act; and (3)
Contractor or subeontractor is aware that filing a
certified parroll that he or ahe hnows to be false ie a
Clasr B misdemeanor. A general c-outractor may rely
upon the certilication of a lower tier aubcontractor,
provided that the general contractor does not knowingly
rely upon a subcontractor'g falee certification. Upon two
business daya'notice, Contractor and each eubcontractor
xhall make available for inspection the records required
to be made and kept by the Act: (i) to the Village, its
oflicers and agents, and to the Dire*tor of Lhe lllinoig
Department of Labor and hia or hers deputies and
agents; and (ii) al all reagonable houre at a locai.ion
within this State.
IN WITNESS WHEBEOF'the parties hereto
have caused-lhis Asreement to be executed,
effec.rive o" \ [\?r[ll\ t( , zors.
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with Contractor 3hall at any time duHng the term Ofthi8
Agreement obtain or acquire any intere3t that wotlld
cOnnictin any manner or degree with the performance of
the obligattons under thi3 Agreement.
L.Exhibitt and Other Agreement8.If any connict ex13tB
between thi3 1｀greement and any exhibit atttched heret。
Or any other Agreement botween the partio8 relating to
thi3 tran3action)the ttrm8 oF this Agreement shall
prevall.
M.No Disclosure of Co頑 dential lnformation bv the
COn3ultant, The Consulttnt ack,owledges that it
8han,in performing the Service3 fOr the Village under
this Agreement) have acce88, Or be directly ()r
indtrectly exposed,to CoF通 dentlal lnformation.The
Cbn3」tant shall hold con6denttal all Conadential
lnforlnatton and shan not disclo8e Or uSe 8uCh
Confldential lnformatlon without the expre3S priOr
written∞nsent of the V∥lage,The Consultant sha議
use reasonable lneasure3 at least a3 StnCt as th08e the
COn3ulttnt uses to protect it8 0Wn COnidential
information. Such measure3 8ha1l include, without
hmitation:requiring employees and subcontractor3 0f
the COn3ultant to exocu"a non'disclosure agreement
before obtaining acce8S tO COnfldential lnformation.
YTLLAGE Of OAK BBOOK an lllinois
municipal corporation=
EXIIBrT五
rPRο PosAL DATED FEBRし ИRyra 2θ Iの5
PROPO胤
卸 加″
…
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We to furnish all labor and materials for the following electrical installation;
1. Replace junction box in stairway and install a mogul LB fitting
2. Reuse existing wires for EV chargers
3. Remove great stufffrom inside conduit and install duct seal
4. Install hydraulic cement around conduit installed by others going through foundation wall
5. Replace cord on one Tesla EV charger in parking lot of golf course
OPTIONAL:
1. Pro、■de a spare Tesla EV charging cord for stock
2. Provlde a spare Clipper Creek EV charging cord for stock
NOTINCLUDED:
a. Pernlit fees
ADD $+SSlea
ADD $goS/ea
We propose to complete the following electrical installations for the sum of
$23OO.OO to be performed at Village of Oakbrook Golf Club z6o6 York Road
Oakbrook. IL valid for po days, terms; Net 3o
Kapital Electric lnc.
1240 Mark Street
Bensenville, lL 50106
SiG
DAttE
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Kapital Electric lnc., 1240 Mark Street, Bensenville, lL 60106 (530) 833-2389
EmIB■7B
(INSじRAⅣCE REQIIIREMEⅣrs,
Certificates of Insurance shall be presented to the Village upon execution of this contract and vendor shall not
commence work until it provides and receives acceptance of insurance certificates from the Village as required by
this exhibit.
Each contractor performing any work pursuant to a contract with the Village of Oak Brook and each permittee
working under a permit as required pursuant to the provisions of Title 1 of Chapter 8 of the Code of Ordinances of
the Village of Oak Brook Qrereinafter referred to as "Insured") shall be requrred 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 a gents, 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 admimstration 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:
General Liability and Automobile Liability Coverage -
(l)The Village, its officers, officials, employees and volunteers are to be covered as additional insureds as
respects: iiability arising out of activities performed by or on behaif of the Insured; premises owned,
occupied or used by the Insured. The coverage shall contain no special limitations on the scope of
protection afforded to the Village, its officers, offi.cials, employees, volunteers, or agents.
(2)The Insured's insurance coverage shall be primary insurance as respects the ViIIage, its officers,
offrcials, employees, volunteers and agents. Any insurance or self-insurance maintained by the
ViIIage, 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.
( )The Insured's insurance shall apply separately to each covered party against whom claim is made or
suit is brought except with respect to the limits of the insurer's liability.
Worker's Compensation and Employer's Liability Coverage
The policy shall waive all rights of subrogation against the Village, its officers, ofiicials, employees,
D.
E.
volunteers and agents for losses arising from work performed by the insured for the Village.
Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled by either
party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail has
been given to the Village. Each insurance policy shall name the Village, its officers, offrcials 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 certi-ficates 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 aII subcontractors as insureds under its policies or shali furnish separate certif.cates
and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.7