B&T Club Fire Protection System Dry Valve Replacement Project VILLAGE OF OAK BROOK
CONTRACT FOR THE
BATH &TENNIS CLUB FIRE PROTECTION SYSTEM DRY VALVE REPLACEMENT PROJECT
Full Name of Contractor: Nova Fire Protection ("Contractor")
Principal Office Address: 1530 Wiley Road, Schaumburg, Illinois 60173
Contact Person: Carl Stocking, Sales Representative Telephone Number: (847)885-1605
TO: Village of Oak Brook("Village")
1200 Oak Brook Road
Oak Brook, Illinois
Attention: Rick Valent, Interim 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
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 Bath & Tennis therewith, with only new, undamaged, and
Club Fire Protection System Dry Valve first quality equipment, materials, and
Replacement Project, as specified in Exhibit supplies.
A attached hereto, at 800 Oak Brook Road,
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 Bid #14208, dated July 20, 2021, 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/Resection. Village shall have C. TIME OF PAYMENT
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 It is expressly understood and agreed that final
judgment, defective or damaged or that in any way fails payment shall be made upon completion of the
to conform strictly to the requirements of this Contract work and final approval by the Village.
and the Village, without limiting its other rights or
remedies, may require correction or replacement at All payments may be subject to deduction or
Contractor's cost, perform or have performed all Work setoff by reason of any failure of Contractor to
necessary to complete or correct all or any part of the perform under this Contract. Each payment
Work that is defective, damaged, or nonconforming and shall include Contractor's certification of the
charge Contractor with any excess cost incurred thereby, value of, and partial or final waivers of lien
or cancel all or any part of any order or this Contract. covering, all Work for which payment is then
Work so rejected may be returned or held at Contractor's requested and Contractor's certification that all
expense and risk. prior payments have been properly applied to
the payment or reimbursement of the costs with
2. Contract Price respect to which they were paid.
Contractor acknowledges and agrees that Contractor 3. Contract Time
shall take in full payment for all Work and other matters
set forth under Section 1 above, including overhead and Contractor acknowledges and agrees that Contractor
profit; taxes, contributions, and premiums; and shall commence the Work within 15 days (weather
compensation to all subcontractors and suppliers, the permitting) following the Village's acceptance of this
compensation set forth below. Contract provided Contractor shall have furnished to the
Village all bonds and all insurance certificates specified
A. SCHEDULE OF PRICES in this Contract ("Commencement Date"). Contractor
further acknowledges and agrees that Contractor shall
For providing, performing, and completing all perform the Work diligently and continuously and shall
Work, the Not-To-Exceed Contract Price of complete the Work not later than October 31, 2021
$5,750.00 ($5,120.00 for the work and ("Time of Performance"). The Village may modify the
$630.00 for hydrostatic and/or air test, if Time of Performance at any time upon 15 days prior
requested) written notice to the Contractor. Delays caused by the
Village shall extend the Time of Performance; provided,
TOTAL CONTRACT PRICE (in writing): however, that Contractor shall be responsible for
completion of all Work within the Time of Performance,
Five Thousand Seven Hundred and Fifty Dollars notwithstanding any strike or other work stoppage by
Only employees of either Contractor or of the Village.
B. BASIS FOR DETERMINING PRICES 4. Financial Assurance
It is expressly understood and agreed that: A. Insurance. Contractor acknowledges and agrees
that Contractor shall provide certificates of
1. All prices stated in the Schedule of Prices insurance evidencing the minimum insurance
are firm and shall not be subject to coverages and limits set forth in Exhibit B
escalation or change; within 10 days following the Village's acceptance
of this Contract. Such policies shall be in form,
2. The Village is not subject to state or local and from companies, acceptable to the Village.
sales, use, and excise taxes, that no such The insurance coverages and limits set forth
taxes are included in the Schedule of Prices, Exhibit B shall be deemed minimum coverages
and that all claim or right to claim any and limits and shall not be construed in any way
additional compensation by reason of the as a limitation on Contractor's duty to carry
payment of any such tax is hereby waived adequate insurance or on Contractor's liability
and released; for losses or damages under this Contract. The
minimum insurance coverages and limits that
3. All other applicable federal, state, and local shall be maintained at all times while providing,
taxes of every kind and nature applicable to performing, or completing the Work are as set
the Work are included in the Schedule of forth in Exhibit B.
Prices.
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B. Indemnification. Contractor acknowledges and C. Not Barred. Contractor is not barred by law
agrees that Contractor shall indemnify and save from contracting with the Village or with any other unit
harmless the Village its officers, officials, employees and of state or local government as a result of (i) a
volunteers, against all damages, liability, claims, losses, delinquency in the payment of any tax administered by
and expenses (including attorneys' fee)that may arise, or the Illinois Department of Revenue unless Contractor is
be alleged to have arisen, out of or in connection with contesting, in accordance with the procedures
Contractor's performance of, or failure to perform, the established by the appropriate Revenue Act, its liability
Work or any part thereof, or any failure to meet the for the tax or the amount of tax, as set forth in 65 ILCS
representations and warranties set forth in Section 6 of 5/11-42.1-1; or (ii) a violation of either Section 33E-3 or
this Contract. Section 33E-4 of Article 33 of the Criminal Code of 1961,
720 ILCS 5/33E-1 et seg.
C. Penalties. Contractor acknowledges and agrees
that Contractor shall be solely liable for any fines or civil D. Qualified. Contractor has the requisite
penalties that are imposed by any governmental or experience, ability, capital, facilities, plant, organization,
quasi-governmental agency or body that may arise, or be and staff to enable Contractor to perform the Work
alleged to have arisen, out of or in connection with successfully and promptly and to commence and
Contractor's performance of, or failure to perform, the complete the Work within the Contract Price and
Work or any part thereof. Contract Time set forth above.
5. Firm Proposal 7. Acknowledgements
All prices and other terms stated in this Contract are In submitting this Contract, Contractor
firm and shall not be subject to withdrawal, escalation, acknowledges and agrees that:
or change.
A. Reliance. The Village is relying on all
6. Contractor's Representations and Warranties warranties, representations, and statements made by
Contractor in this Contract.
In order to induce the Village to accept this Contract,
Contractor hereby represents and warrants as follows: B. Acceptance. If this Contract is accepted,
Contractor shall be bound by each and every term,
A. The Work. The Work, and all of its components, condition, or provision contained in this Contract.
shall strictly conform to the requirements of this
Contract, including, without limitation, the performance C. Remedies. Each of the rights and remedies
standards set forth in Subsection 113 of this Contract; reserved to the Village in this Contract shall be
and shall be fit, sufficient, and suitable for the purposes cumulative and additional to any other or further
expressed in, or reasonably inferred from, this Contract remedies provided in law or equity or in this Contract.
and the warranties expressed herein shall be in addition
to any other warranties expressed or implied by law, D. Time. Time is of the essence in the performance
which are hereby reserved unto the Village. of all terms and provisions of this Contract and, except
where stated otherwise references in this Contract to
B. Compliance with Laws. The Work, and all of its days shall be construed to refer to calendar days and
components, shall be provided, performed, and completed time.
in compliance with, and Contractor agrees to be bound
by, all applicable federal, state, and local laws, orders, E. No Waiver. No examination, inspection,
rules, and regulations, as they may be modified or investigation, test, measurement, review, determination,
amended from time to time, including without limitation, decision, certificate, or approval by the Village, whether
if applicable, the Prevailing Wage Act, 820 ILCS before or after the Village's acceptance of this Contract;
130/0.01 et seg.; any other prevailing wage laws; any nor any information or data supplied by the Village,
statutes requiring preference to laborers of specified whether before or after the Village's acceptance of this
classes; any statutes prohibiting discrimination because Contract; nor any order by the Village for the payment of
of, or requiring affirmative action based on, race, creed, money; nor any payment for, or use, possession, or
color, national origin, age, sex, or other prohibited acceptance of, the whole or any part of the Work by the
classification; and any statutes regarding safety or the Village; nor any extension of time granted by the Village;
performance of the Work. Further, Contractor shall nor any delay by the Village in exercising any right
have a written sexual harassment policy in compliance under this Contract; nor any other act or omission of the
with Section 2-105 of the Illinois Human Rights Act Village shall constitute or be deemed to be an acceptance
during the course of the work. of any defective, damaged, or nonconforming
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Work, nor operate to waive or otherwise diminish the Upon two business days' notice, Contractor and each
effect of any representation or warranty made by subcontractor shall make available for inspection the
Contractor; or of any requirement or provision of this records required to be made and kept by the Act: (i) to
Contract; or of any remedy, power, or right of the Village. the Village, its officers and agents, and to the Director of
the Illinois Department of Labor and his or hers deputies
F. Severability. It is hereby expressed to be the and agents; and (ii) at all reasonable hours at a location
intent of the parties to this Contract that should any within this State.
provision, covenant, agreement, or portion of this
Contract or its application to any Person or property be K. Conflicts of Interest. Contractor represents and
held invalid by a court of competent jurisdiction, the certifies that, to the best of its knowledge, (1) no elected
remaining provisions of this Contract and the validity, or appointed Village official, employee or agent has a
enforceability, and application to any Person or property personal financial interest in the business of the
shall not be impaired thereby, but the remaining Contractor or in this Agreement, or has personally
provisions shall be interpreted, applied, and enforced so received payment or other consideration for this
as to achieve, as near as may be, the purpose and intent Agreement; (2) as of the date of this Agreement, neither
of this Contract to the greatest extent permitted by Contractor nor any person employed or associated with
applicable law. Contractor has any interest that would conflict in any
manner or degree with the performance of the
G. Amendments and Modifications. No amendment obligations under this Agreement; and (3) neither
or modification to this Contract shall be effective until it Contractor nor any person employed by or associated
is reduced to writing and approved and executed by the with Contractor shall at any time during the term of this
corporate authorities of the parties in accordance with all Agreement obtain or acquire any interest that would
applicable statutory procedures. conflict in any manner or degree with the performance of
the obligations under this Agreement.
H. Assignment. Neither this Contract, nor any
interest herein, shall be assigned or subcontracted, in L. Exhibits and Other Agreements. If any conflict exists
whole or in part, by Contractor except upon the prior between this Agreement and any exhibit attached hereto
written consent of the Village. or any other Agreement between the parties relating to
this transaction, the terms of this Agreement shall
1. Governing Law; Venue. This Contract shall be prevail.
governed by, construed and enforced in accordance with
the internal laws, but not the conflicts of laws rules, of M. No Disclosure of Confidential Information by the
the State of Illinois. Venue for any action arising out of Consultant. The Consultant acknowledges that it
or due to this Contract shall be in the Circuit Court for shall, in performing the Services for the Village under
DuPage County, Illinois. this Agreement, have access, or be directly or
J. Certified Payrolls. Contractor shall, in indirectly exposed, to Confidential Information. The
accordance with Section 5 of the Illinois Prevailing Wage Consultant shall hold confidential all Confidential
Act, 820 ILCS 130/5, submit to the Village, on a monthly Information and shall not disclose or use such
basis, a certified payroll, if applicable. The certified Confidential Information without the express prior
payroll shall consist of a complete copy of those records written consent of the Village. The Consultant shall
required to be made and kept by the Prevailing Wage use reasonable measures at least as strict as those the
Act. The certified payroll shall be accompanied by a Consultant uses to protect its own confidential
statement signed by the Contractor or subcontractor information. Such measures shall include, without
which certifies that: (1) such records are true and limitation, requiring employees and subcontractors of
accurate; (2) the hourly rate paid is not less, if the Consultant to execute a non-disclosure agreement
applicable, than the general prevailing rate of hourly before obtaining access to Confidential Information.
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 rely
upon the certification of a lower tier subcontractor, if the
general contractor does not knowingly rely upon a
subcontractor's false certification.
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IN 'A-ITNESS WHEREOF the parties hert4u PILLAGE OF OAK BROOK, an Illint»s
have caused Allis Agrend et t to t he executer!. municipal
effect ive Ott t 2021. "
ATTES `
By:
Village Clerk Villaw,President
ATTEST: NOVA FIRE PROTECTION
By; By: �-
Its: Jessica Puleo-Office Manager Its:
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EXHIBIT A
(BID #14208, DATED JULY 20, 2021)
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N VA
P 8471 885-1605 F 847 1 885-1607
1530 WILEY ROAD 0 SCHAUMBURG, IL 60173
F I R E P R O T E C T I O N WWW.NOVArp.COM
7/20/2021 i
!
Village of Oak Brook Nova BD#14208
Attn:Doug Hroba Bid Plans:Site Visit
Phone: 312.402.5485
Email:dhroba(a,.oak-brook.org
Re:800 Oak Brook Road,4"Dry Valve Replacement
SCOPE: Modify an existing system in accordance with the below specifications. i
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INCLUSIONS:
1. Remove existing 4"Star dry valve that is currently out of service
2. Replace with a new 4"Reliable dry valve w/trim
3. Provide and install new 4"sch.10 pipe and couplings as a fill in piece above the dry valve.New dry valve is'/z'shorter than the Star
4. Place the dry system back into service
5. All labor and material necessary to complete this scope of work.
ExcLuslow
1. Insulation or painting of pipe.
2. Bonds,inspection fees and drain down fees.
3. Design,submittals and/or calculations
4. Raising/repairing/modifying existing sprinkler mains/branchlines f
5. Premium time and/or overtime
6. Seismic hangers
7. Permits and fees
8. Testing
9. Phasing
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CLARIFICATIONS:
1. Normal working hours are Monday thru Friday 7-3:30 or 84:30. '
2. The engineering price requires that CAD files necessary to complete our drawings be provided at no additional cost. i
3. If any asbestos exists onsite,it will be abated by others before our work begins.
4. Nova Fire Protection assumes no responsibility for cleaning,repairs or replacements of backflow prevention devices,check valves
and/or any other system components resulting from foreign matter or debris entering the overhead piping from the undergrowid water.
5. Pipe 2"and smaller to be schedule 40 black.Pipe 2'A"and larger to be schedule 10 black.
6. This proposal is in effect for 30 days and is subject to escalation thereafter. s
Amount I GC I Nova
TOTAL: 55,120A0
ADD:Per hydrostatic and/or air test if requested $630.00
INTEGRITY CLAUSE: Any repairs to the existing fire sprinkler system due to inadequate system design or integrity will be extra costs billed
on a time and material basis
LEGAL:The prices,specifications,and conditions are satisfactory and are hereby accepted. You agree that you are authorized to sign this
agreement and intend to form a legally binding contract.Payment will be made w outlined You agree to pay all actual attorneys'fees and
all costs and expenses of any nature whatsoever incurred by Nova Fire Protection,Inc.in enforcing this agreement or in asserting its rights
in any action to which Nova Fire Protection,Inc.becomes a party so a result of the Acta or omissions of you.
TERMS OF PAYMENT:Progress billings will be issued monthly and are due within ten(10)days of invoice date. Delinquent accounts are
subject to an interest charge of 2%per month commencing on the thirty first day past the invoice date.
Carl Stocking
Sales Representative
Nova Fire Protection,Inc. General Contractor
By: By:
Printed?ide: Printed/Title:
Date Date:
Customer Initials Date 1 of 1 800 Oak Brook Rd Dry Valve Replacement Bid#
14208.docx
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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