2020 Generator & Fire Pump Service Contract VILLAGE OF OAK BROOK
CONTRACT FOR THE
2020 GE ERATOR AND FIRE PUMP SERVICE
Full Name of Contractor:Lionheart Critical Power Specialists("Contractor'')
Principal Office Address: 13151 Executive Court,Huntley,Illinois 60142
Contact Person: Cliff Hunter,Sales Manager Telephone Number: (847)291-1413
TO: Village of Oak Brook("Village")
1200 Oak Brook Road
Oak Brook,Illinois
Attention:Doug Patchin,Public Works Director
Contractor warrants and represents that Con ractor has
carefully examined the Work Site described elow and
has reviewed and understood all documents included,
referred to,or mentioned in this bound set of documents.
1. Work
A. Contract and Work. Contractor ack owledges, 5. Miscellaneous. Do all other things required
and agrees, that Contractor shall, at its sole cost and of Contractor by this Contract;and
expense, provide, perform, and complete, in the manner
specified and described, and upon the b,-rms and 6. Quality. Provide, perform, and complete all
conditions set forth, in this Contract, all of the following, of the foregoing in a proper and workmanlike
all of which is herein referred to as the"Work": manner, consistent with the standards of
recognized professional firms in performing
1. IAbor. Eguipment. Materials. an Supplies. Work of a similar nature, in full compliance
Provide, perform, and complete, in the with, and as required by or pursuant, to this
manner specified and described in this Contract, and with the greatest economy,
Contract, all necessary work, labor, services, efficiency, and expedition consistent
transportation, equipment, materials, therewith, with only new, undamaged, and
supplies,information, data, and other means first quality equipment, materials, and
and items necessary for 2020 Generator and supplies.
Fire Pump Service for 5 Genera rs and 2
Fire Pumps at various Village fa *hties, as B. Performance Standards. Contractor
specified in Exhibit A attached hereto, at acknowledges and agrees that all Work shall be fully
various locations, Oak Brook, Illinois 60523 provided, performed, and completed in accordance with
("Work Site"); the Proposal dated April 15, 2020, attached hereto as
Exhibit A.
2. Permits. The Village will fu nish all
permits, licenses, and other governmental C. Responsibility for Damage or Loss. Contractor
approvals and authorizations necessary in proposes, and agrees, that Contractor shall be
connection therewith; responsible and liable for, and shall promptly and
without charge to Village repair or replace, any damage
3. Insurance. Procure and furnish insurance done to, and any loss or injury suffered by, the Village,
certificates specified in this Contraft; the Work, the Work Site, or other property or persons as
a result of the Work.
4. Taxes. Pay all applicable federal, state, and
local taxes;
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D. Inspection/Testine/Rejection. Village shall have payments sl3edl be made amen time e€'-ee�etien
the right to inspect all or any part of the Work and to of the WGA and mel appPe%ml by the Vigage
reject all or any part of the Work that is, in Village's
judgment, defective or damaged or that in any way fails All payments may be subject to dedaetiea-er
to conform strictly to the requirements of t 's Contract setoff by reason of my failtwe-of Gentraetor-tel
and the Village, without limiting its othe rights or *JE perferm r- this- Gentet. Ems_patyme
remedies, may require correction or replacement at 5/12/20 eertifieatien of- the,
Contractor's cost, perform or have performed all Work value-e(and-partial or final waivers of lien
necessary to complete or correct all or any part of the covering, all Work for which payment is then
Work that is defective, damaged, or nonconforming and requested and Contractor's certification that all
charge Contractor with any excess cost incu d thereby, prior payments have been properly applied to
or cancel all or any part of any order or this Contract. the payment or reimbursement of the costs with
Work so rejected may be returned or held atContractor's respect to which they were paid.
expense and risk.
3. Contract Time
2. Contract Price
and a Contractor acknowledges and agrees that Contractor
Contractor acknowledges
agrees that Contractor shall commence the Work within I&days-(weather:�..
shall take in full payment for all Work and of er matters permitting) following the Village's acceptance of this ;,$,
set forth under Section 1 above, including oN Brhead and Contract provided Contractor shall have furnished to the
profit; taxes, contributions, and prems; and Village all bends and all insurance certificates specified
compensation to all subcontractors and sul opliers, the in this Contract ("Commencement Date"). Contractor
compensation set forth below. further acknowledges and agrees that Contractor shall
perform the Work diligently and continuously and shall
A. SCHEDULE OF PRICES complete the Work not later than December $l, 2020x,:*
("Time of Performance"). The Village may modify the';„.
For providing, performing, and corr pleting all Time of Performance at any time upon 15 days prior
Work, the Not-To-Exceed Contract Price of written notice to the Contractor. Delays caused by the
$10,585.00 Village shall extend the Time of Performance; provided,
however, that Contractor shall be responsible for
TOTAL CONTRACT PRICE(in writing): completion of all Work within the Time of Performance,
notwithstanding any strike or other work stoppage by
Ten Thousand Five Hundred and Eighty Five employees of either Contractor or of the Village.
Dollars
4. Financial Assurance
B. BASIS FOR DETERMINING PRICES
A. Insurance. Contractor acknowledges and agrees
It is expressly understood and agreed hat: that Contractor shall provide certificates of insurance
evidencing the minimum insurance coverages and limits
1. All prices stated in the Schedul of Prices set forth in Exhibit B within 10 days following the
are firm and shall not be subject to Village's acceptance of this Contract. Such policies shall
escalation or change; be in form, and from companies, acceptable to the
Village. The insurance coverages and limits set forth
2. The Village is not subject to state or local Exhibit B shall be deemed to be minimum overages and
sales, use, and excise taxes, that no such limits and shall not be construed in any way as a
taxes are included in the Schedule of Prices, limitation on Contractor's duty to carry adequate
and that all claim or right to claim any insurance or on Contractor's liability for losses or
additional compensation by reason of the damages under this Contract. The minimum insurance
payment of any such tax is hereby waived coverages and limits that shall be maintained at all
and released; times while providing, performing, or completing the
Work are as set forth in Exhibit B.
3. All other applicable federal, state, and local
taxes of every kind and nature applicable to
the Work are included in the Schedule of B. Indemnification. Contractor acknowledges and
Prices• agrees that Contractor shall indemnify and save
harmless the Village its officers, officials, employees and
C. TIME OF PAYMENT volunteers, against all damages, liability, claims, losses,
and expenses(including attorneys'fee)that may arise,or
It is expressly understood and agreed that- a be alleged to have arisen, out of or in connection with
tin pay aefA, of-4040 -of the eentraetImiee is due Contractor's performance of, or failure to perform, the
at" the—me e reeeipt 4 order— Remainin Work or any part thereof or any failure to meet the
'Payment shall be made in net thirty(30)days after receipt of nvoice for services
rendered. .2
representations and warranties set forth in Section 6 of D. Qu4hfied. Contractor has the requisite
this Contract. experience, ability, capital, facilities,plant,organization,
and staff to enable Contractor to perform the Work
D. Penalties. Contractor acknowledges and agrees successfully and promptly and to commence and
that Contractor shall be solely liable for any f nes or civil complete the Work within the Contract Price and
penalties that are imposed by any goven Lmental or Contract Time set forth above.
quasi-governmental agency or body that may arise, or be
alleged to have arisen, out of or in conn ction with 7. Acknowledgements
Contractor's performance of, or failure to perform, the
Work or any part thereof. In submitting this Contract, Contractor
5. Firm Proposal acknowledges and agrees that:
A. Reliance, The Village is relying on all
All prices and other terms stated in this Contract are warranties, representations, and statements made by
firm and shall not be subject to withdrawal, escalation, Contractor in this Contract.
or change.
B. Acceptance. If this Contract is accepted,
6. Contractor's Representations nd Warranties Contractor shall be bound by each and every term,
In order to induce the Village to accept this Contract, condition,or provision contained in this Contract.
Contractor hereby represents and warrants as follows: C. Remedies. Each of the rights and remedies
reserved to the Village in this Contract shall be
A. The Work. The Work, and all of its mponents, cumulative and additional to any other or further
shall strictly conform to the require I n of this remedies provided in law or equity or in this Contract.
Contract, including, without limitation, the p rformance
standards set forth in Subsection 1B of thi Contract; D. Time. Time is of the essence in the performance
and shall be fit, sufficient, and suitable for th purposes of all terms and provisions of this Contract and, except
expressed in, or reasonably inferred from, thi Contract where stated otherwise references in this Contract to
and the warranties expressed herein shall be in addition days shall be construed to refer to calendar days and
to any other warranties expressed or implied by law, time.
which are hereby reserved unto the Village.
E. No Waiver. No examination, inspection,
B. Compliance with Laws. The Work, a all of its investigation, test, measurement, review, determination,
components,shall be provided,performed,and completed decision, certificate, or approval by the Village, whether
in compliance with, and Contractor agrees to be bound before or after the Village's acceptance of this Contract;
by, all applicable federal, state, and local laws, orders, nor any information or data supplied by the Village,
rules, and regulations, as they may be m dified or whether before or after the Village's acceptance of this
amended from time to time,including without I imitation, Contract;nor any order by the Village for the payment of
if applicable, the Prevailing Wage Act, 1,20 ILCS money; nor any payment for, or use, possession, or
130/0.01 et Mg.; any other prevailing wagelaws; any acceptance of, the whole or any part of the Work by the
statutes requiring preference to laborers of specified Village;nor any extension of time granted by the Village;
classes; any statutes prohibiting discriminatio because nor any delay by the Village in exercising any right
of, or requiring affirmative action based on, r ce, creed, under this Contract; nor any other act or omission of the
color, national origin, age, sex, or other rohibited Village shall constitute or be deemed to be an acceptance
classification; and any statutes regarding saf ty or the of any defective, damaged, or nonconforming Work, nor
performance of the Work. Further, Contra for shall operate to waive or otherwise diminish the effect of any
have a written sexual harassment policy in mphance representation or warranty made by Contractor; or of
with Section 2-105 of the Illinois Human Rights Act any requirement or provision of this Contract; or of any
during the course of the work. remedy,power,or right of the Village.
C. Not Barred. Contractor is not barred by law F. Severability. It is hereby expressed to be the
from contracting with the Village or with any ther unit intent of the parties to this Contract that should any
of state or local government as a result of (i) a provision, covenant, agreement, or portion of this
delinquency in the payment of any tax administered by Contract or its application to any Person or property be
the Illinois Department of Revenue unless Contractor is held invalid by a court of competent jurisdiction, the
contesting, in accordance with the p rocedures remaining provisions of this Contract and the validity,
established by the appropriate Revenue Act, it liability enforceability, and application to any Person or property
for the tax or the amount of tax, as set forth in 65 ILCS shall not be impaired thereby, but the remaining
5/11-42.1-1; or (ii) a violation of either Section 33E-3 or provisions shall be interpreted, applied, and enforced so
Section 33E-4 of Article 33 of the Criminal Code of 1961, as to achieve, as near as may be, the purpose and intent
720 ILCS 5/33E-1 et seg.
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Of Chia Contract to the greatest extent permitted by wow; and 00 at all reasonable hours at a location
applicable law. within this State.
0. amendment K Coareator represents and
or modification to this Contract shall be of until it certifies tom,to the beet of its knowledge,(1)so elected
w reduced to writing and approved and a tel by the or appointed Village ooh nK employee or agent has a
corporate au"thoa tie@ of the parties in acoo nce with all personal €masnaal in the business of the
applicable statutory procedures. Contractor er is this Agreement, or has personally
H. Neither this nor a received pament or other consideration for this .
�' �; Mas of tie date of this Agrsemea,neitber
interest basin, shall be aligned or subc mtracted, in Conhuder nor any person employed or associated with
Nbolo or is part, by Contractor except ul on the prior Contractor has any gni~ that would coarct in any
written consent of the MAP. manner or dew with the perhrmanoe of the
obligation$ under Cilie Agreement; and (S) neither
I. OMWK LLw YARM, TWU at shell be Color nor any perm employed by or associated
governed by,oonetraed and enforced in a nos with. with C42tradw SUB at away time dung the tam of this
the iruterralal laws, but not the conflicts of we rules, of Agreement obtain or aalquire any i�@terset that would
the State of Illinois. Venue for any adios lag out of conflict in MY manner or degree with the performance of
or due to this Contract elmll be in the C' t Court for the oblations under this Agreement.
DuPage County.Illinois.
J. CUMW Emb. shall, in between this Sant conflict exists
accordance with Section b of the Illinois Agreement and any exhibit attached hereto
Ad,828 MCS 1311 ,submit Lo the Vilhuge, a monthly or,a"other Agreement betweea the parties relating to
basis, a certified payroll, if applicable. certified eek the terms of this Agreement shall
prevail.PAMU$hall Comm of a completo copy of records
required to be mads and kept by the Pre Wage M. '
dMM by the
stn The certified payroll shall ct a by a �LUMLt fila. Co>eeahtant acknowledges that it
which certifies
signed t. the such as= or $ ahaB,in p�the Service$for the Village under
which certifies that: {i) each record@ a true and the hourly Chit mat, have nooses, or be directly or
otaarate; (2hourly rate paid is hese, if
applicable, than the general prevailing ra of hourly Co@ince a drab held h n The
avenges required by the Prevaailing Wage and (9)
ContrInformation and � not disclose or use such
e4or or subcoartractor is aware t Ealing a
certified payroll that be or she knows to &be is a tatoraa►atioa wig the esprese prior
Claw B misdemeanor. A general coat may rely written osasent of the Village. The Consultant shall
upon the certification of a lower tier s dor, use rem onable measures at least as strict as those the
provided that the geaeral coatractor does kwwingly Consultant uses to protect its own confidential
MY upon a subcontractor's false oertiilcatI .Upon two information. Such measures shall include, without
business days'notice,Contractor and each a tractor limitation, requiring sufloyees and s-1 canbsow s of
@bell make available for inspection the required the Consultant to execute a saorrmuldo"re agreement
to be made and kept by the Act: (ii) to the Village, its before obtaining access to Confidential Information.
officers and agents, and to the Director of the Illinois
Department of labor and his or her@ diputies and
IN WITNESS WHEREOF the parties hereto VILLAGE OF OAS BROOK, an Illinois
havecaused menu to be executed, municipal corporation
effective on 2020
A
Y7-BL
y: _ By:
Village Clerk V. ge Manager
ATTEST; UO NHEART CRITIC L l@OW1RR 11PECFALwe
BY. By:
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EXHIBIT A
(PRO POSAL DATED APRIL 15, 2020)
5
L .
April 15,2020
Doug Hroba
Village of Oak Brook
3003 Jorie Blvd.
Oak Brook, IL 60523
Subject: 2020-2022 Annual for Service Proposal
5 Generators&2 Fire P n
Thank you in advance for the opportuni to maintain critical equipment vital to your business. Our operation
and maintenance are designed for opti um equipment care to ensure year-round business continuity.
EQUIPMENT
Site Location Gen QtL. Gen/Engine Make
Village of Oak Brook 7 Assorted
COVERAGESERVICE PLAN
Level 11 aW Bank
1. 1200 Oak Brook Road Kohler 2 kW � $675.00 $655.00 $1$16W.00
2. Fire Station 93 Kohler 100 kW $350.00 $550.00 $585.00 $1,485.00
3. Reservoir A Cummins Fire Pump $350.00 $850.00 WA $1.200.00
4. Reservoir B Scania Fire Pump $350.00 $850.00 N/A $1,200,00
5. Reservoir B Generac 40 kW $350.00 $550.00 $550.00 $1,450.00
6. Bath&Tennis Generac 230 kW $350.00 $765.00 $650.00 $1,765.00
7. Fire Station 94 Cummins 200 kW $350.00 $815.00 $640.00 $1,805.00
'Load Bank Testing based on ony 50', pull up access with(1)technician
Laboratory oil analysis: .00 per generator
Laboratory coolant analysis: S 5.00 per generator
SERVICE PLAN INVESTMENT
2020 Total Investment (Optional s NOT Included) $10,585.00
2021 Total investment (Optional ervices NOT Included) $101585.00
2022 Total Investment (Optional rvices NOT Included) $10,900.00
Pricing includes all labor,parts,travel ch rges,and shop supplies. Pricing does not include any applicable
sales tax or freight. Costs are predicated on performi
(630)303-3964(cell)
(888)511-1573(fax) Acceptance Approval Date
Cliff.h unterA08hcns.com
13151 Executive Court, Huntley, IL 60142 Telephone: (847)291-1413 Facsimile: (888)511-1573
www.lionheartentzineering.corn
EXHIBIT B
(IN S URANCE 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 ives 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 (hereinafte 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 uries 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,employ s 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 applica le) - $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 andEmployer's Liability limits of$1,000,000 per accident.
Any deductibles or self-insured retenti n 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, employes 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 endorse d 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 cut 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, vol teers and agents. Any insurance or self-insurance maintained by the
Village, its officers, offi6ds, employees, volunteers or agents shall be in excess of the Insured's
insurance and shall not ca Aribute with it.
(3)Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the
Village,its officers,offic' ,employees,volunteers or agents.
(4)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.
E. Worker's Compensation and Employer's Liability Coverage
The policy shall waive all rights of subrogation against the Village, its officers, officials, employees,
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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 ins r 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.
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