Loading...
Manhole Chemical Grouting Project VILLAGE OF OAK BROOK CONTRACT FOR THE MANHOLE CHEMICAL GROUTING PROJECT Full Name of Contractor:National Power Rodding("Contractor") Principal Office Address: 2500 West Arthington Street, Chicago,Illinois 60612 Contact Person: Zee Abdullah, Superintendent Telephone Number: (312)666-7700 TO: 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 examined the Work Site described below 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 acknowledges, and agrees, that Contractor shall, at its sole cost and 5. Miscellaneous. Do all other things required expense, provide, perform, and complete, in the manner of Contractor by this Contract; and specified and described, and upon the terms and conditions set forth, in this Contract, all of the following, 6. Quality. Provide, perform, and complete all all of which is herein referred to as the"Work": of the foregoing in a proper and workmanlike manner, consistent with the standards of 1. Labor, Eguipment. Materials and Supplies. recognized professional firms in performing Provide, perform, and complete, in the Work of a similar nature, in full compliance manner specified and described in this with, and as required by or pursuant, to this Contract, all necessary work, labor, services, Contract, and with the greatest economy, transportation, equipment, materials, efficiency, and expedition consistent supplies, information, data, and other means therewith, with only new, undamaged, and and items necessary for the Manhole first quality equipment, materials, and Chemical Grouting Project, as specified in supplies. Exhibit A attached hereto, in Oak Brook, Illinois 60523 ("Work Site"); B. Performance Standards. Contractor acknowledges and agrees that all Work shall be fully 2. Permits. The Village will furnish all provided, performed, and completed in accordance with permits, licenses, and other governmental Proposal #20-895 dated September 30, 2020, attached approvals and authorizations necessary in hereto as Exhibit A. connection therewith; C. Responsibility for Damage or Loss. Contractor 3. Insurance. Procure and furnish insurance proposes, and agrees, that Contractor shall be certificates specified in this Contract; responsible and liable for, and shall promptly and without charge to Village repair or replace, any damage 4. Taxes. Pay all applicable federal, state, and done to, and any loss or injury suffered by, the Village, local taxes; the Work, the Work Site, or other property or persons as a result of the Work. 1 D. Inspection/Testing/Reiection. Village shall have the right to inspect all or any part of the Work and to All payments may be subject to deduction or reject all or any part of the Work that is, in Village's setoff by reason of any failure of Contractor to judgment, defective or damaged or that in any way fails perform under this Contract. Each payment to conform strictly to the requirements of this Contract shall include Contractor's certification of the and the Village, without limiting its other rights or value of, and partial or final waivers of lien remedies, may require correction or replacement at covering, all Work for which payment is then Contractor's cost, perform or have performed all Work requested and Contractor's certification that all necessary to complete or correct all or any part of the prior payments have been properly applied to Work that is defective, damaged, or nonconforming and the payment or reimbursement of the costs with charge Contractor with any excess cost incurred thereby, respect to which they were paid. or cancel all or any part of any order or this Contract. Work so rejected may be returned or held at Contractor's 3. Contract Time expense and risk. Contractor acknowledges and agrees that Contractor 2. Contract Price shall commence the Work within 15 days (weather permitting) following the Village's acceptance of this Contractor acknowledges and agrees that Contractor Contract provided Contractor shall have furnished to the shall take in full payment for all Work and other matters Village all bonds and all insurance certificates specified set forth under Section 1 above, including overhead and in this Contract ("Commencement Date"). Contractor profit; taxes, contributions, and premiums; and further acknowledges and agrees that Contractor shall compensation to all subcontractors and suppliers, the perform the Work diligently and continuously and shall compensation set forth below. complete the Work no later than December 31, 2020 ("Time of Performance"). The Village may modify the A. SCHEDULE OF PRICES Time of Performance at any time upon 15 days prior written notice to the Contractor. Delays caused by the For providing, performing, and completing all Village shall extend the Time of Performance; provided, Work, the Not-To-Exceed Contract Price of however, that Contractor shall be responsible for $3,680.00 completion of all Work within the Time of Performance, notwithstanding any strike or other work stoppage by TOTAL CONTRACT PRICE (in writing): employees of either Contractor or of the Village. Three Thousand Six Hundred and Eighty 4. Financial Assurance Dollars Only A. Insurance. Contractor acknowledges and agrees B. BASIS FOR DETERMINING PRICES that Contractor shall provide certificates of insurance evidencing the minimum insurance coverages and limits It is expressly understood and agreed that: set forth in Exhibit B within 10 days following the Village's acceptance of this Contract. Such policies shall 1. All prices stated in the Schedule of Prices be in form, and from companies, acceptable to the are firm and shall not be subject to Village. The insurance coverages and limits set forth escalation or change; Exhibit B shall be deemed minimum coverages and limits and shall not be construed in any way as a 2. The Village is not subject to state or local limitation on Contractor's duty to carry adequate sales, use, and excise taxes, that no such insurance or on Contractor's liability for losses or taxes are included in the Schedule of Prices, damages under this Contract. The minimum insurance and that all claim or right to claim any coverages and limits that shall be maintained at all additional compensation by reason of the times while providing, performing, or completing the payment of any such tax is hereby waived Work are as set forth in Exhibit B. and released; 3. All other applicable federal, state, and local B. Indemnification. Contractor acknowledges and taxes of every kind and nature applicable to agrees that Contractor shall indemnify and save the Work are included in the Schedule of harmless the Village its officers, officials, employees and Prices. volunteers, against all damages, liability, claims, losses, and expenses (including attorneys'fee) that may arise,or C. TIME OF PAYMENT be alleged to have arisen, out of or in connection with Contractor's performance of, or failure to perform, the It is expressly understood and agreed that final Work or any part thereof, or any failure to meet the payment shall be made upon completion of the representations and warranties set forth in Section 6 of work and final approval by the Village. this Contract. 2 D. Qualified. Contractor has the requisite D. Penalties. Contractor acknowledges and agrees experience, ability, capital, facilities, plant, organization, that Contractor shall be solely liable for any fines or civil and staff to enable Contractor to perform the Work penalties that are imposed by any governmental or successfully and promptly and to commence and quasi-governmental agency or body that may arise, or be complete the Work within the Contract Price and alleged to have arisen, out of or in connection with Contract Time set forth above. Contractor's performance of, or failure to perform, the Work or any part thereof. 7. Acknowledgements 5. Firm Proposal In submitting this Contract, Contractor All prices and other terms stated in this Contract are acknowledges and agrees that: firm and shall not be subject to withdrawal, escalation, A. Reliance. The Village is relying on all or change. warranties, representations, and statements made by Contractor in this Contract. 6. Contractor's Representations and Warranties B. Acceptance. If this Contract is accepted, In order to induce the Village to accept this Contract, Contractor shall be bound by each and every term, Contractor hereby represents and warrants as follows: condition, or provision contained in this Contract. A. The Work. The Work, and all of its components, C. Remedies. Each of the rights and remedies shall strictly conform to the requirements of this reserved to the Village in this Contract shall be Contract, including, without limitation, the performance cumulative and additional to any other or further standards set forth in Subsection 1B of this Contract; remedies provided in law or equity or in this Contract. and shall be fit, sufficient, and suitable for the purposes expressed in, or reasonably inferred from, this Contract D. Time. Time is of the essence in the performance and the warranties expressed herein shall be in addition of all terms and provisions of this Contract and, except to any other warranties expressed or implied by law, where stated otherwise references in this Contract to which are hereby reserved unto the Village. days shall be construed to refer to calendar days and B. Compliance with Laws. The Work, and all of its time. components, shall be provided,performed, and completed E. No Waiver. No examination, inspection, in compliance with, and Contractor agrees to be bound investigation, test, measurement, review, determination, by, all applicable federal, state, and local laws, orders, decision, certificate, or approval by the Village, whether rules, and regulations, as they may be modified or before or after the Village's acceptance of this Contract; amended from time to time, including without limitation, nor any information or data supplied by the Village, if applicable, the Prevailing Wage Act, 820 ILCS whether before or after the Village's acceptance of this 130/0.01 et seq.; any other prevailing wage laws; any Contract; nor any order by the Village for the payment of statutes requiring preference to laborers of specified money; nor any payment for, or use, possession, or classes; any statutes prohibiting discrimination because acceptance of, the whole or any part of the Work by the of, or requiring affirmative action based on, race, creed, Village; nor any extension of time granted by the Village; color, national origin, age, sex, or other prohibited nor any delay by the Village in exercising any right classification; and any statutes regarding safety or the under this Contract; nor any other act or omission of the performance of the Work. Further, Contractor shall Village shall constitute or be deemed to be an acceptance have a written sexual harassment policy in compliance of any defective, damaged, or nonconforming Work, nor with Section 2-105 of the Illinois Human Rights Act operate to waive or otherwise diminish the effect of any during the course of the work. representation or warranty made by Contractor; or of any requirement or provision of this Contract; or of any C. Not Barred. Contractor is not barred by law remedy, power, or right of the Village. from contracting with the Village or with any other unit of state or local government as a result of (i) a F. Severability. It is hereby expressed to be the delinquency in the payment of any tax administered by intent of the parties to this Contract that should any the Illinois Department of Revenue unless Contractor is provision, covenant, agreement, or portion of this contesting, in accordance with the procedures Contract or its application to any Person or property be established by the appropriate Revenue Act, its liability held invalid by a court of competent jurisdiction, the for the tax or the amount of tax, as set forth in 65 ILCS remaining provisions of this Contract and the validity, 5/11-42.1-1; or (ii) a violation of either Section 33E-3 or enforceability, and application to any Person or property Section 33E-4 of Article 33 of the Criminal Code of 1961, shall not be impaired thereby, but the remaining 720 ILCS 5/33E-1 et seg, provisions shall be interpreted, applied, and enforced so as to achieve, as near as may be, the purpose and intent 3 i of this Contract to the greatest extent permitted by agents; and (ii) at all reasonable hours at a location applicable law. within this State. G. Amendments and Modifications. No amendment K. Conflicts of Interest. Contractor represents and or modification to this Contract shall be effective until it certifies that, to the best of its knowledge, (1) no elected is reduced to writing and approved and executed by the or appointed Village official, employee or agent has a corporate authorities of the parties in accordance with all personal financial interest in the business of the applicable statutory procedures. Contractor or in this Agreement, or has personally received payment or other consideration for this H. Assignment. Neither this Contract, nor any Agreement; (2)as of the date of this Agreement,neither interest herein, shall be assigned or subcontracted, in Contractor nor any person employed or associated with whole or in part, by Contractor except upon the prior Contractor has any interest that would conflict in any written consent of the Village. manner or degree with the performance of the obligations under this Agreement; and (3) neither I. Governine Law: Venue. This Contract shall be Contractor nor any person employed by or associated governed by, construed and enforced in accordance with with Contractor shall at any time during the term of this the internal laws, but not the conflicts of laws rules, of Agreement obtain or acquire any interest that would the State of.Illinois. Venue for any action arising out of conflict in any manner or degree with the performance of or due to this Contract shall be in the Circuit Court for the obligations under this Agreement. DuPage County,Illinois. J. Certified Payrolls. Contractor shall, in L. Exhibits and Other Aeree ents. If any conflict exists accordance with Section 5 of the Illinois Prevailing Wage between this Agreement and any exhibit attached hereto or any other Agreement between the parties relating to Act,820 ILCS 130/5, submit to the Village,on a monthly this transaction, the terms of this Agreement shall basis, a certified payroll, if applicable; The certified prevail. 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 M No Disclosure of Confidential Informs ion by the statement signed by the Contractor or subcontractor Consultant. The Consultant acknowledges that it which certifies that: (1) such records are true and shall,in performing the Services for the Village under accurate; (2) the hourly rate paid is not less, if this Agreement, have access, or be directly or applicable, than the general prevailing rate of hourly indirectly exposed, to Confidential Information. The wages required by the Prevailing Wage Act; and (3) Consultant shall hold confidential all Confidential j Contractor or subcontractor is aware that filing a Information and shall not disclose or use such certified payroll that he or she knows to be false is a Confidential Information without the express prior Class B misdemeanor. A general contractor may rely written consent of the Village. The Consultant shall upon the certification of a lower tier subcontractor, if the use reasonable measures at least as strict as those the j general contractor does not knowingly rely upon a Consultant uses to protect its own confidential subcontractor's false certification. Upon two business information. Such measures shall include, without days' notice, Contractor and each subcontractor shall limitation, requiring employees and subcontractors of make available for inspection the records required to be the Consultant to execute a non-disclosure agreement made and kept by the Act: (i) to the Village, its officers before obtaining access to Confidential Information, and agents, and to the Director of the Illinois Department of Labor and his or hers deputies and IN WITNESS WHEREOF the parties hereto VILLAGE OF OAK BROOK, an Illinois have causehis Agreem nt to be executed, municipal corporation effective on w ,2020. ATTE � Village Village anager ATT NATIONAL POW ODDING By Reid W. Ruprecht W' iam T. Kreidler Its:ViCQ Pracident Its: _PrecidPnt 4 EXHIBIT A (PROPOSAL #20-895 DATED SEPTEMBER 30, 2020) 5 Proposal: 20-895 2500 West Arthington Street Chicago,IL 60612 NATIONAL POWER RODDING p:(312)666-7700 f: (312)666-074848 A Carylon Company www.nationalpowerrodding.com September 30,2020 PROPOSAL Village of Oak Brook Submitted to: 3003 Jorie Blvd. Oak Brook,IL Ph:847-514-1175 Email:Rvalent@oak-brook.org ATTENTION: Rick Valent SUBJECT: CHEMICAL GROUTING OF MANHOLES We propose to furnish the necessary labor, supervision, equipment and material to pressure chemically grout manholes as described in the Scope of Work below. SCOPE OF WORK Seal two manholes located at 2710 Myers Rd.in Oak Brook,IL. PURCHASER WILL FURNISH Any special permits or fees,access to all manholes and sewer lines;additional traffic control should it be necessary to provide more than standard traffic cones and truck-mounted arrow boards,at no additional charge to us. PRICE Charges for the above services will be computed at the rate of$400.00 per crew hour,portal to portal including pre-trip inspections of our trucks and travel time,plus$8.00 per gallon of chemical grout used in sealing process. Billing is not to exceed($3,680.00):one 8-hour workday($3,200.00)including travel time plus an estimated 60 gallons of grout material cost($480.00)without customer approval. Terms: Subject to terms and conditions on reverse side. If you find the above proposal satisfactory,please sign below, provide a purchase order number if applicable, initial General Terms and Conditions on back page,and return a signed of copy of both to us.To schedule the above services,please contact our office as soon as possible. Purchase OrderNumber Respectfully submitted, NATIONAL POWER RODDING CORPORATION .?� - Name and Title GENERAL TERMS AND CONDITIONS General Conditions: These general conditions are incorporated by reference into the proposal and are part of the Agreement under which services are to be performed by the Contractor for the Customer. Contractor will follow Customer's instructions both verbal and written at all times. Customer Provided Labor: Where the Customer provides labor for the Contractor, the Customer will indemnify the Contractor for liability, loss or expense for work related injuries to those laborers not provided by the Contractor. The Customer agrees to waive all rights of subrogation against the Contractor arising loouut of the work in thus Agreement.The Customer agrees to comply with all local,state and federal regulations, including regulations governing issues pertaining to the environment, employee safety and orced by the United States health, public safety, and vehicular safety, such as those regulations enf Occupational Safety and Health Administration, Environmental Protection Agency, Mine Safety and Health Administration and Department of Transportation. This includes all training of customer's employees and provision of suitable and safe equipment, as required by the applicable governmental regulations. Customers Responsibilities: Customer will provide mechanical seryices, Operation and control of Customer's equipment is the Customer's responsibility. If Contractor cannot continue its work due to circumstance caused or allowed by Customer and of which Contractor was not apprised prior to starting the work,an hourly fee will be charged. Damage Limitations: Under no circumstances will the Contractor be responsible for indirect,incidental or consequential damages. The Contractor also is not responsible for the rendering of or failure to render architectural,engineering or surveying professional services. Pre-existing Conditions: The Contractor will not be responsible for liability,loss or expense(including damage caused by the backup of basement sewers)where the primary cause of the claim or damage is pre- existing conditions including faulty,inadequate or defective design,construction,maintenance or repair of property or contamination of the subsurface where the condition existed prior to the start of the Contractor's work. Customer is responsible for loss of service equipment caused by the pre-existing conditions at the job site. Environmental Conditions: The debris is represented to Contractor to be non-hazardous,requiring no manifesting or special permitting. The Customer will be responsible forany additional costs or claims associated with the treatment, storage, disposal of the removed debris, or breach of the above representation,at any time during or after the completion of this project. Indemnification: The Customer and the Contractor will each indemnify the other in proportion to relative fault for liability,loss and expense incurred by the other party resulting from a negligent act or omission in performance of work under this Agreement. The Customer also will indemnify Contractor for liability,loss and expense resulting from Contractor's services if the Contractor is acting at the direction or instnicti'l ss the Customer,or where the primary cause of any damages is due to informatioof n provided by the Customer. Credit Policy:Regular Terms are Net 30 Days.If any invoice is not paid in accordance with its terms,the customer agrees that there shall be added thereto, and the customer agrees to pay to contractor, a late charge at the rate of 1.5%per month on the unpaid balance,plus all costs, including reasonable attorney fees,incurred by the contractor in collection of any invoice not paid in accordance with its terms. Entire Agreement: This proposal together with any written documents which may be incorporated by specific reference herein constitutes the entire agreement between the parties and supersedes all previous communications between them,either oral or written. The waiver by Contractor of any term,condition or provision herein stated shall not be construed to be a waiver of any other term,condition or provision hereof. A991 Initial: Date: 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, by either 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 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, volunteers and agents for losses arising from work performed by the insured for the Village. 6 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. 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. 7