Fiber Optic Network Improvement and Expansion Project VILLAGE OF OAK BROOK
CONTRACT FOR THE
FIBER OPTIC NETWORK IMPROVEMENT AND EXPANSION PROJECT
Full Name of Contractor: Elite Fiber Optics LLC ("Contractor")
Principal Office Address: 10029 Pacific Avenue,Franklin Park, Illinois 60131
Contact Person: Shawn Burke Telephone Number: (630) 225-9454
TO: Village of Oak Brook("Village")
1200 Oak Brook Road
Oak Brook, Illinois
Attention: Jim Fox, Information Technology 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
expense, provide, perform, and complete, in the manner 5. Miscellaneous. Do all other things required
specified and described, and upon the terms and of Contractor by this Contract; and
conditions set forth, in this Contract, all of the following,
all of which is herein referred to as the"Work": 6. Quality. Provide, perform, and complete all
of the foregoing in a proper and workmanlike
1. Labor Equipment Materials, and Supplies. manner, consistent with the standards of
Provide, perform, and complete, in the recognized professional firms in performing
manner specified and described in this Work of a similar nature, in full compliance
Contract, all necessary work, labor, services, with, and as required by or pursuant, to this
transportation, equipment, materials, Contract, and with the greatest economy,
supplies, information, data, and other means efficiency, and expedition consistent
and items necessary for the Fiber Optic therewith, with only new, undamaged, and
Network Improvement and Expansion first quality equipment, materials, and
Project, as specified in Exhibit A attached supplies.
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 the proposal dated October 6, 2020, attached hereto as
approvals and authorizations necessary in 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.
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D. Inspection/Testing/Rejection. Village shall have All payments may be subject to deduction or
the right to inspect all or any part of the Work and to setoff by reason of any failure of Contractor to
reject all or any part of the Work that is, in Village's perform under this Contract. Each payment
judgment, defective or damaged or that in any way fails shall include Contractor's certification of the
to conform strictly to the requirements of this Contract value of, and partial or final waivers of lien
and the Village, without limiting its other rights or covering, all Work for which payment is then
remedies, may require correction or replacement at requested and Contractor's certification that all
Contractor's cost, perform or have performed all Work prior payments have been properly applied to
necessary to complete or correct all or any part of the the payment or reimbursement of the costs with
Work that is defective, damaged, or nonconforming and respect to which they were paid.
charge Contractor with any excess cost incurred thereby,
or cancel all or any part of any order or this Contract. 3. Contract Time
Work so rejected may be returned or held at Contractor's
expense and risk. Contractor acknowledges and agrees that Contractor
shall commence the Work within 15 days (weather
2. Contract Price permitting) following the Village's acceptance of this
Contract provided Contractor shall have furnished to the
Contractor acknowledges and agrees that Contractor Village all bonds and all insurance certificates specified
shall take in full payment for all Work and other matters in this Contract ("Commencement Date"). Contractor
set forth under Section 1 above, including overhead and further acknowledges and agrees that Contractor shall
profit; taxes, contributions, and premiums; and perform the Work diligently and continuously and shall
compensation to all subcontractors and suppliers, the complete the Work no later than December 31, 2020
compensation set forth below. ("Time of Performance"). The Village may modify the
Time of Performance at any time upon 15 days prior
A. SCHEDULE OF PRICES written notice to the Contractor. Delays caused by the
Village shall extend the Time of Performance; provided,
For providing, performing, and completing all however, that Contractor shall be responsible for
Work, the Not-To-Exceed Contract Price of completion of all Work within the Time of Performance,
$19,900.00 notwithstanding any strike or other work stoppage by
employees of either Contractor or of the Village.
TOTAL CONTRACT PRICE (in writing):
4. Financial Assurance
Nineteen Thousand Nine Hundred 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.
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D. Penalties. Contractor acknowledges and agrees and staff to enable Contractor to perform the Work
that Contractor shall be solely liable for any fines or civil successfully and promptly and to commence and
penalties that are imposed by any governmental or complete the Work within the Contract Price and
quasi-governmental agency or body that may arise, or be Contract Time set forth above.
alleged to have arisen, out of or in connection with
Contractor's performance of, or failure to perform, the 7. Acknowledgements
Work or any part thereof.
In submitting this Contract, Contractor
5. Firm Probosal In
and agrees that:
All prices and other terms stated in this Contract are A. Reliance. The Village is relying on all
firm and shall not be subject to withdrawal, escalation, warranties, representations, and statements made by
or change. Contractor in this Contract.
6. Contractor's Representations and Warranties B. Acceptance. If this Contract is accepted,
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
A. The Work. The Work, and all of its components, reserved to the Village in this Contract shall be
shall strictly conform to the requirements of this cumulative and additional to any other or further
Contract, including, without limitation, the performance remedies provided in law or equity or in this Contract.
standards set forth in Subsection 1B of this Contract;
and shall be fit, sufficient, and suitable for the purposes D. Time. Time is of the essence in the performance
expressed in, or reasonably inferred from, this Contract of all terms and provisions of this Contract and, except
and the warranties expressed herein shall be in addition where stated otherwise references in this Contract to
to any other warranties expressed or implied by law, days shall be construed to refer to calendar days and
which are hereby reserved unto the Village. time.
B. Compliance with Laws. The Work, and all of its E. No Waiver. No examination, inspection,
components, shall be provided,performed, and completed investigation, test, measurement, review, determination,
in compliance with, and Contractor agrees to be bound decision, certificate, or approval by the Village, whether
by, all applicable federal, state, and local laws, orders, before or after the Village's acceptance of this Contract;
rules, and regulations, as they may be modified or nor any information or data supplied by the Village,
amended from time to time, including without limitation, whether before or after the Village's acceptance of this
if applicable, the Prevailing Wage Act, 820 ILCS Contract; nor any order by the Village for the payment of
130/0.01 et seg.; any other prevailing wage laws; any money; nor any payment for, or use, possession, or
statutes requiring preference to laborers of specified acceptance of, the whole or any part of the Work by the
classes; any statutes prohibiting discrimination because Village; nor any extension of time granted by the Village;
of, or requiring affirmative action based on, race, creed, nor any delay by the Village in exercising any right
color, national origin, age, sex, or other prohibited under this Contract; nor any other act or omission of the
classification; and any statutes regarding safety or the Village shall constitute or be deemed to be an acceptance
performance of the Work. Further, Contractor shall of any defective, damaged, or nonconforming Work, nor
have a written sexual harassment policy in compliance operate to waive or otherwise diminish the effect of any
with Section 2-105 of the Illinois Human Rights Act representation or warranty made by Contractor; or of
during the course of the work. any requirement or provision of this Contract; or of any
remedy, power, or right of the Village.
C. Not Barred. Contractor is not barred by law
from contracting with the Village or with any other unit F. Severability. It is hereby expressed to be the
of state or local government as a result of (i) a intent of the parties to this Contract that should any
delinquency in the payment of any tax administered by provision, covenant, agreement, or portion of this
the Illinois Department of Revenue unless Contractor is Contract or its application to any Person or property be
contesting, in accordance with the procedures held invalid by a court of competent jurisdiction, the
established by the appropriate Revenue Act, its liability remaining provisions of this Contract and the validity,
for the tax or the amount of tax, as set forth in 65 ILCS enforceability, and application to any Person or property
5/11-42.1-1; or (ii) a violation of either Section 33E-3 or shall not be impaired thereby, but the remaining
Section 33E-4 of Article 33 of the Criminal Code of 1961, provisions shall be interpreted, applied, and enforced so
720 ILCS 5/33E-1 et seg. as to achieve, as near as may be, the purpose and intent
of this Contract to the greatest extent permitted by
D. Qualified. Contractor has the requisite applicable law.
experience, ability, capital, facilities, plant, organization,
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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 beat 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. Governing 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 obligation under this Agreement.
DuPage County,Illinois.
J. Certified Pavrells. Contractor shall in L. Exhibits and Other Agreements. If any conflict exists
between this Agreement and any exhibit attached hereto
accordance with Section 5 of the Illinois Prevailing Wage or any other Agreement between the parties relating to
Act,820 ILCS 13015,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 M. No Disclosure of Confidential la&Mation by the
Act. The certified payroll shall be accompanied by a
statement signed by the Contractor or subcontractor consultant. The Consultant afar the Villa that rt
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
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
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 subcontractor*of
make available for inspection the retards required to be the Consultant to execute a nondisclosure 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 here deputies and
agents; and (ii) at all reasonable hours at a location
within this State.
IN WITNESS WHEREOF the parties hereto VILLAGE OF OAK BROOK, an Illinois
have taus t i m to be executed, m4Vitl
elleetive on 2020.
By •/�
Manager
ELITE
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EXHIBIT A
(PROPOSAL DATED OCTOBER 6, 2020)
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Cl_ITc
October 6, 2020
Reference: Fiber Optic renovations R1
Jim Fox
Village of Oakbrook
1200 Oak Brook Road
Oak Brook, IL 60523
Dear Mr.Jim Fox,
Thank you for the opportunity to quote you on the above referenced project. If you should have any
questions or concerns regarding this quote, please do not hesitate to contact me.
Elite Fiber Optics LLC proposes the following:
A: Provide labor and equipment to confirm that the tracer wire between the existing HH in front of the
old library and the Golf Maintenance Shed moves and will allow for the installation of a new 24 count
fiber optic cable.
Quote: $2,500.00
B: Furnish and install a 24 count single mode fiber optic cable between the Village Hall and the new Salt
Barn,and from the Salt Barn to the HH outside of the Sports Core Building.
D: Splice the proposed 24 count single mode fiber optic cable to the existing fiber optic cables at the
Sports Core HH.
C: Terminate the proposed 24 count single mode fiber optic cable in the Salt Barn in and out.
Quote: $17,400.00
D: Option: Remove MM fiber optic cable from the Sports Core Building,and splice the fibers in the HH
outside of the building. This will require retrieving slack in the cable going to the Library.
Quote: $6,000.00
Notes:
A: Quote does not include bonding, permits,or railroad liability insurance.
B: Quote does not include any other work or material.
C: Quote assumes that work shall be performed during normal business hours. Premium time and
overtime are not included in this quote.
D: No other work or material is included in this quote.
10029 Pacific Avenue I Franklin Park, IL 601311 Phone: 630-225-9454 1 Fax: 630-786-3154
Ct_.rr-
r-iasFR
Thank you,
Shawn Burke
Elite Fiber Optics LLC
10029 Pacific Avenue I Franklin Park, IL 60131 1 Phone: 630-225-9454 1 Fax: 630-786-3154
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.
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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.
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