Bath and Tennis Clubhouse Sewer ReplacementVILLAGE OF OAK BROOK
CONTRACT FOR THE
OAK BROOK BATH & TENNIS CLUB SANITARY SEWER PROJECT
Full Name of Contractor: Unique Plumbing Co. ("Contractor")
Principal Office Address: 9408 West 471" Street, Brookfield, Illinois 60513
Contact Person: James M. Nolan Telephone Number: (708) 485.6062
TO: Village of Oak Brook (" Vibagd')
1200 Oak Brook Road
Oak Brook, Illinois
Attention: Sean Creed, Golf Manager
Contractor warrants and represents that Contractor has
carefully examined the Work Site described below and
has reviewed and understood all documents included,
referred to, ormentioned in this 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":
5. Miscellaneous. Do all other things required
of Contractor by this Contract; and
1. Labor Equipment Materials and Supplies.
Provide, perform, and complete, in the
6. Quality. Provide, perform, and complete all
manner specified and described in this
of the foregoing in a proper and workmanlike
Contract, all necessary work, labor, services,
manner, consistent with the standards of
transportation, equipment, materials,
recognized professional firms in performing
supplies, information, data, and other means
Work of a similar nature, in full compliance
and items necessary for the Oak Brook Bath
with, and as required by or pursuant, to this
& Tennis Club Sanitary Sewer Project as
Contract, and with the greatest economy,
specified in Exhibit A attached hereto, at the
efficiency, and expedition. i consistent
Oak Brook Bath & Tennis Club 800 Oak
therewith, with only new, undamaged, and
Brook Road, Oak Brook, Illinois 60523
first quality equipment, materials, and
Mark
supplies.
2. Permits. The Village will furnish all
B. Performance Standards. Contractor
permits, licenses, and other governmental
acknowledges and agrees that all Work shall be fully
approvals and authorizations necessary in
provided, performed, and completed in accordance with
connection therewith;
the proposal dated March 4, 2016, attached hereto as
Exhibit A.
3. Insurance. Procure and furnish insurance
certificates specified in this Contract;
C. Responsibility for Damage or Loss. Contractor
proposes, and agrees, that Contractor shall be
4. Taxes. Pay all applicable federal, state, and
responsible and liable for, and shall promptly and
local taxes;
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. Insnection/Testing/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. SCHEDULE OF PRICES
For providing, performing, and completing all
Work, the total Contract Price of $19,863.60
TOTAL CONTRACT PRICE (in writing):
Nineteen Thousand Eight Hundred and Sixty
Three Dollars and Fifty Cents
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 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 Datd'). Contractor
further acknowledges and agrees that Contractor shall
perform the Work diligently and continuously and shall
complete the Work not later than April 15, 2016 ("Time
ofPerformaned'). The Village may modify the Time of
Performance at any time upon 16 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.
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 and Warranties
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 1B 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 see.; 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'Illinoia 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
5/11-42.11; or (ii) a violation of either Section 33E-3 or
Section 33E-4 of Article 33 of the Criminal Code of 1961,
720 ILCS 5/33E-1 at seg.
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. Acknowledeements
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.
D. 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.
E. 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.
F. 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.
G. 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.
H. 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 of the parties in accordance with all
applicable statutory procedures.
I. Assignment. 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.
J. Governing 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.
K. Certified Payrolls. Contractor shall, in
accordance with Section 5 of the Illinois Prevailing Wage
Act, 820 ILCS 13015, submit to the Village, on a monthly
basis, a certified payroll. 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
IN WITNESS WHEREOF the parties hereto
have caused, this greement to be executed,
effective on / % , 2016.
ATTEST:
By:
Charlotte Prom,Vi lage Clerk
ATTEST:
By:
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.
L, Conflicts of Interest. Contractor represents and
certifies that, to the best of its knowledge, (1) 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 (3) 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.
M. Exhibits. If any conflict exists between this
Contract and any exhibit attached hereto, the terms of
this Contract shall prevail. Any conflict that exists
between Exhibit A and Exhibit B, the terms of Exhibit B
shall prevail.
VILLAGE OF OAK BROOK, an Illinois
municipal corporation
B
Miccardo. =Ginex,Villageranager
EXHIBIT B
(INSURANCE REQUIREMENTS)
Certificates of Insurance shall be presented to the Village upon execution of this contract and vendor shall
not commence work until it provides and receives acceptance of insurance certificates from the Village as
required by this exhibit.
Each contractor performing any work pursuant to a contract with the Village of Oak Brook and each
permittee working under a permit as required pursuant to the provisions of Title 1 of Chapter 8 of the Code
of Ordinances of the Village of Oak Brook (hereinafter referred to as "Insured") shall be required to carry
such insurance as specified herein. Such contractor and permittee shall procure and maintain for the duration
of the contract or permit insurance against claims for injuries to persons or damages to property which may
arise from or in connection with the performance of the work under the contract or permit, 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 Liability and Automobile Liability Coverage -
(1) The Village, its officers, officials, employees and volunteers are to be covered as additional
insureds as respects: liability arising out of activities performed by or on behalf of the Insured;
premises owned, occupied or used by the Insured. The coverage shall contain no special
limitations on the scope of protection afforded to the Village, its officers, officials, employees,
volunteers, or agents.
(2) 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.
(4) The Insured's insurance shall apply separately to. each covered party against whom claim is
or suit is brought.except_with respect -to the limits of the insurer's liability:
E. Worker's Compensation: and Employer's Liability Coverage
The policy shall waive all rights of subrogation against the Village, its officers, officials,
employees, volunteers and agents for losses arising from work performed by the insured for the
Village.
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, 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.. r
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.
EXHIRITA
(PROPOSAL DATED MARCH 4, 2016)
Unique Plumbing Co.
9408 W4/76 St.
Brooldrel 9 IL 60513
Ph. 708-485-8860 x 708-485-6062
www.ut.ziqueplhg.com
March 4, 2015
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, IL 60523
Re: Village of Oak Brook
Bath frennis Club Sanitary Sewer
UPC#216216
Dear Darren:
Unique Plumbing Co. proposes to provide labor, material and equipment specified to
perform the properties exterior / interior sanitary sewer and interior building house
connection removal / replacement scope.
Re: Oak Brook Bath /Tennis Club
fem -sco e
ttr als
MH Structure
Sealed Frame LD/Salt Creek Compliant
PVC 2241 Pipe Fittings
Interior Exterior 6" R&R Bldg Material
FCO Interior
Exterior CO Wall
Granular Materials Bed /Cover Min 1' above
piping
Interior Fir PCC
1 Ea $ 1,195.01) $ 1,195.00
1 Ea
$
317.00
$
317.00
1 LS
$
689.00
$
689.00
1 Ea
$
244.00
$
244.00
1 Ea
$
188.00
$
188.00
1 Ls
$
172.00
$
172.00
2 Ld
$
375.00
$
750.00
1 Ls
$
650.00
$
650.00
Sub -T
10% PO
Tx
$ 4,205.00
$ 420.50
• Page 2
Total $ 4,625.50
I abor
CAT 316
16
Hr
$
235.00
$
3,760.00
L-90
16
Hr
$
175.00
$
2;800.00
LOWBOY
8
Hr
$
140.00
$
1;120.00
Dump
8
Hr
$
115.00
$
920.00
Plumber
24
Hr
$
126.00
$
3,024.00
Laborer
32
Hr
$
102.00
$
3;264.00
J c.
Trench Box/ Shore Safety
1
Ls
$
350.00
$
350.00
Performance of this scope shall be during normal working hours Monday -Friday.
Exclusions: All required WBE MBE participation; PPE bonds; structure or system
maintenance / repair, patching sealing of structure; protection of work once in place;
concealed conditions; correction of pre-existing non -conforming scope; temporary
facilities or utilities; piping shop drawings; CCN of existing sewer systems.
All Bonds, Permits, Inspection fees.
All electrical relocation reconstruction as applicable to allow construction shall be by
other. All landscaping removal, relocation, reconstruction as applicable shall be by.
others. This proposal excludes any pavement walk / driveway restoration required by
the scope of this work not specified by scope.
Cond?fionsofPronasal
Payments shall be made monthly per the applicable scope of completed work without
project retention. Net amount shall be payable by the I & of the month said work was
performed. Should any other contract documentation be used; this form shall be
considered an exhibit to the contract. Should discrepancies between the drawings
and / or contract occur, scope of work specified herein shall supersede. Any
alteration or deviation from the specifications involving extra cost will be executed
only upon written order and will become and extra charge over and above the
contract amount. All agreements contingent upon strike, accidents, or delays beyond
the contractors control. Owner shall carry all builders risk insurance associated with
the scope performed by this proposal.
Page 3
The proposal terms of 30 days acceptance are due to market material volatility and
the lack of price material protection beyond such. UPC reserves the right to
mod cation of cost for any proposal beyond these terms.
By Proposal mcentance:
The above prices, spec3fcation, and conditions are understood and hereby
accepted. You are authorizing Unique Plumbing Co. Inc. to do the work as
spec*d. Payments shall be as speclfied herein. All fees for collection,
Including, but not limited to court costs, arbitrator fees, and attorney fees are
the sole responsibility of the customer.
Proposal Valid for 30 Days
30 Day Basis of Completed Work Net 10 Days
mepted Date
Co.