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BT Water Line Replacement ProjectVILLAGE OF OAK BROOK Contact Person: Andy Neumann Telephone Number: 847-498-4800 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 exnmined the Work Site described, below and. has reviewed and understood all documents includ.ed, 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 specified and described, and upon the terms and conditions set forth, in this Contract, all of the following, all of which is herein referred to as the*Work,': 5. Miscellaneous. Do all other things required ofContractor by this Contract; and 6. Quality. Provide, perform, and complete all of the foregoing in a proper and workmanlike manner, consistent with the standards of recognized professional firms in performing Work of a similar nature, in full compliance with, and as required by or pursuant, to this Contract, and with the greatest economy, efficiency, and expedition consistent therewith, with only new, undamaged, andfirst quality equipment, materials, and supplies. B. Performance Standards. Contractor acknowledges and agrees that all Work shall be fullyprovided, performed, and completed in accordance with the Proposal dated March 4, ZOlg, attached hereto asExhibit A. C. Responsibility for Damaee or Loss. Contractorproposes, and agrees, that Contractor shall beresponsible and liable for, and shall promptly andwithout charge to Village repair or replace, any damage done to, and any loss or injury suffered bv, thl Vilag-e, the Work, the Work Site, or other property or persons as a result of the Work. 1. . Provide, perform, and complete, in the manner specified and described in this Contract, all necessary work, labor, eervices,transportation, equipment, materiale, supplies, information, data, and other means and items necessary for the Oak Brook Bath& Tennis CIub Water Line Replacement Project, as specified in Exhibit A attached hereto, at the Oak Brook Bath & Tennis Club, 800 Oak Brook Road, Oak Brook, Illinois 60523 ("Work Site"); 2. Permits. The Village will furnish allpermits, licenses, and other governmental approvals and authorizations necessary in connection therewith; 3. Insurance. Procure and furnish ingurance certificates specified in this Contract; 4. Taxes. Pay all applicable federal, state, and local taxes; D. Insnection/Testine/Rejection. Village shall have the right to inspect all or any part of the Work and to reject all or any part of the Work that is, in Village,sjudgment, defective or damaged or that in any way fails to conform strictly to the requirements of this Contract and the Village, without limiting its other rights or remedies, may require correction or replacement at Contractor's cost, perform or have performed all Work necessary to complete or correct all or any part of the Work that is defective, damaged, or nonconforming and charge Contractor with any excess cost incurred thereby, or cancel all or any part of any order or this Contract. Work so rejected may be returned or held at Contractor's expense and risk. 2. Contract Price Contractor acknowledges and agrees that Contractor shall take in full payment for all Work and other matters set forth under Section I above, including overhead andprofrt; taxes, contributions, and premiums; and compensation to all subcontractors and suppliers, the compensation set forth below. A. SCHEDULEOFPRICES For providing, performing, and completing all Work, the total Contract Price of 912,4?6.00 TOTAL CONTRACT PRICE (in writing): Twelve Thousand Four Hundred and Seventy- Six Dollars Only B. BASIS FOR DETERMINING PRICES It is expressly understood and agreed that: l. All prices stated in the Schedule of prices are firm and shall not be subject to escalation or change; 2. The Village is not subject to state or local sales, use, and excise taxes, that no such taxes are included in the Schedule of prices, and that all claim or right to claim any additional compensation by reason of the payment of any such tax is hereby waived and released; 3. All other applicable federal, state, and local taxes of every kind and nature applicable tothe Work are included in the Schedule of Prices. C. TIME OF PAYMENT It is expressly understood and agreed that all payments shall be made upon completion of the work and final approval by the Village. All payments may be subject to deduction or setoff by reason of any failure of Contractor toperform under this Contract. Each payment shall include Contractor's certification of the value o{ and partial or final waivers of lien covering, all Work for which payment is then requested and Contractor's certification that allprior payments have been properly applied to the payment or reimbursement of the costs with respect to which they were paid. 3. Contract Time Contractor acknowledges and agrees that Contractor shall commence the Work within Ii days (weotherpermitting) following the Village,s acceptance of this Contract provided Contractor shall have furnished to the Village all bonds and all insurance certificates specifiedin this Contract ("Comrnencetnent Date,'). Contractor further acknowledges and agrees that Contractor shall perform the Work diligently and continuously and shall complete the Work not later than April 90, 20Ig (Time of Perfonnonce"), The Village may modifu the Time of Performance at any time upon lb days prior written notice to the Contractor. Delays caused by the Villageshall extend the Time of performance; provided, however, that Contractor shall be responsible for completion of all Work within the Time of performance, notwithstanding any strike or other work stoppage by employees of either Contractor or of the Village. 4, Financial Assurance A. Insurance. Contractor acknowledges and agreesthat Contractor shall provide certificates of insuiance evidencing the minimum insurance coverages and limits set forth in Exhibit B within 10 days following the Village's acceptance of this Contract. Such policies shallbe in form, and from companies, accep[able to theVillage. The insurance coverages and limits set forth Exhibit B shall be deemed to be minimum coverages andlimite and shall not be construed in any way as alimitation on Contractor's duty to carry adequate insurance or on Contractor's liability for losses or damages under this Contract. The minimum insurance coverages and limits that shall be maintained at alltimes while providing, performing, or completing the Work are as set forth in Exhibit B. B. Indemnifrcation. Contractor acknowledges andagrees that Contractor shall indemni& and save harmless the Village its officers, officials, employees and volunteers, against all damages, liability, ctaims, losses, and expenses (including attorneys, fee) that may arise, or be alleged to have arisen, out of or in connection with Contractor's performance o( or failure to perform, theWork or any part thereof, or any failure to meet the representations and warranties set forth in Section 6 of this Contract.2 D. Penalties. Contractor acknowledges and agrees that Contractor shall be solely liable for any fines or civilpenalties that are imposed by any governmental or quasi-governmental agency or body that may arise, or be alleged to have arisen, out of or in connection with Contractor's performance of, or failure to perform, the Work or any part thereof. 5. Firm Proposal All prices and other terms stated in this Contract are firm and shall not be subject to withdrawal, escalation, or change. 6. Contractor's Representatious andWarranties In order to induce the Village to accept this Contract, Contractor hereby represents and warrants as follows: A. The Work. The Work, and all of its components,shall strictly conform to the requirements of this Contract, including, without limitation, the performance standards set forth in Subsection 18 of this Contract; and shall be fit, sufficient, and suitable for the purposes expressed in, or reasonably inferred from, this Contract and the warranties expressed herein shall be in addition to any other warranties expressed or implied by law, which are hereby reserved unto the Village. B. Compliance with Lawg. The Work, and all of ite components, shall be provided, performed, and completed in compliance with, and Contractor agrees to be bound by, all applicable federal, etate, and local laws, orders, rules, and regulations, as they may be modified or amended from time to time, including without limitation,if applicable, the Prevailing Wage Act, 820 ILCS 130/0.01 et seo.; any other prevailing wage laws; any statutes requiring preference to laborers of epecified classes; any statutes prohibiting discrimination because of, or requiring affirmative action based on, race, creed, color, national origin, age, sex, or other prohibited classification; and any statutes regarding safety or the performance of the Work. Further, Contractor shall have a written sexual haraesment policy in compliance with Section 2-105 of the Illinois Human Rights Act during the course of the work. C. Not Barred. Contractor is not barred by law from contracting with the Village or with any other unitof state or local government as a result of (i) a d-elinquency in the payment of any tax administered by the Illinois Department of Revenue unless Contractor iscontesting, in accordance with the procedures established by the appropriate Revenue Act, its liability for the tax or the amount of tax, as set forth in 65 ILCS Slll-42.1-L; or (ii) a violation of either Section B3E-B or Section 33E-4 of Article 33 of the Criminal Code of 1961, 720 ILCS 5/33E-r et seq. D. Qualified. Contractor has the requisite experience, ability, capital, facilities, plant, organization, and staff to enable Contractor to perform the Work successfully and promptly and to commence and complete the Work within the Contract price and Contract Time set forth above. 7. Acknowledqemeuts In submitting this Contract, Contractor acknowledges and agrees that: A. Reliance. The Village is relying on all warranties, representations, and statements made by Contractor in this Contract. B. Acceptance. If this Contract is accepted, Contractor shall be bound by each and every term, condition, or provision contained in this Contract. C. Remedies. Each of the rights and remedies reserved to the Village in this Contract shall be cumulative and additional to any other or further remedies provided in law or equity or in this Contract. D. Time. Time is of the essence in the performance of all terms and provisions of this Contract and, except where stated otherwise references in this Contract io days shall be construed to refer to calendar days and time. E. No Waiver. No examination, inspection, investigation, test, measurement, review, determination, decision, certificate, or approval by the Village, whether before or aft,er the Village's acceptance of this Contract; nor any information or data supplied by the Village, whether before or after the Village's acceptance of thie Contract; nor any order by the Village for the payment of money; nor any payment for, or use, possession, or acceptance o{ the whole or any part of the Work by the Village; nor any extension of time granted by the Village; nor any delay by the Village in exercieing any right under this Contract; nor any other act or omiesion ofthe Village shall constitute or be deemed to be an acceptance of any defective, damaged, or nonconforming Work, nor operate to waive or otherwise diminish the effect of any representation or warranty made by Contractor; or of any requirement or provieion of this Contract; or of any remedy, power, or right of the Village. F. Severabilitv. It is hereby expressed to be the intent of the parties to this Contract that should anyprovision, covenant, agreement, or portion of thie Contract or its application to any person or property beheld invalid by a court of competent jurisdiction, the remaining provisions of this Contract and the validity, enforceability, and application to any person or property shall not be impaired thereby, but the remaining provisions shall be interpreted, applied, and enforced so as to achieve, as near as may be, the purpose and intent3 of this Contract to the greateet extent permitted by applicable law. G. Amendments and Modifrcations. No amendment or modification to this Contract shall be ellective until it is reduced to writing and approved and executed by the corporate authorities ofthe parties in accordance with all applicable statutory procedures. H. Assienment. Neither thie Contract, nor any interest herein, shall be assigned or subcontracted, in whole or in part, by Contractor except upon the prior written consent of the Village. I. Governins Law: Venue. This Contract shall be governed by, construed and enforced in accordance with the internal laws, but not the conflicts of laws rules, of the State of Illinois. Yenue for any action arising out of or due to this Contract shall be in the Circuit Court for DuPage County, Illinois. J. Certified Pavrolls. Contractor shall, in accordance with Section 5 of the Illinois prevailing Wage Act, 820 ILCS 130/5, submit to the Village, on a monthiy basis, a certified payroll, if applicable. The certified payroll shall consist of a complete copy of those records required to be made and kept by the prevailing WageAct. The certified payroll shall be accompanied by a statement signed by the Contractor or subcontractor which certifies that; (l) such records are true and accurate; (2) the hourly rate paid is not lees. if applicable, than [he general prevailing rate of hourly wages required by the Prevailing Wage Act; and (B) 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 Bubcontractor, provided that the general contractor does not knowingly rely upon a subcontractor's false certification. Upon two business days'notice, Contractor and each subcontractor shall make available for inspection the records required to be made and kept by the Act: (i) to the Village, its olficers and agents, and to the Director of the Illinois Department of Labor and his or hers deputies and agents; and (ii) at all reasonable hours at a location within this State. K. Conflicte of Interest. Contractor represents and certifies that, to the best of its knowledge, (1) no elected or appointed Village ofEcial, employee or agent has apersonal financial interest in the business of the Contractor or in this Agreement, or has personally received payment or other consideration for this Agreement; (2) as ofthe date ofthis Agreement, neither Contractor nor any person employed or associated with Contractor has any interest that would conflict in anymanner or degree with the performance of theobligations under this Agreement; and (B) neither Contractor nor any person employed by or associated with Contractor shall at any time during the term of this Agreement obtain or acquire any interest that would conflict in any manner or degree with the performance of the obligations under this Agreement. L. Exhibits and Other Agreements. If any conflict exists between this Agreement and any exhibit attached hereto or any other Agreement between the parties relating tothis transaction, the terms of this Agreement shall prevail. M. No Disclosure of Confidential Information by the Consultant. The Consultant acknowledges that it shall, in performing the Services for the Viilage underthis Agreement, have access, or be directly or indirectly exposed, to Confidential Information. The Coneu.ltant shalt hold conlidential all Confidential Information and shall not disclose or use such Confrdential Information without the express prior written consent of the Village. The Consultant ehall uee reaeonable measures at least as strict as those the Consultant uses to protect its own confidential information. Such meaeures ehall include, without limitation, requiring employees and subcontractors of the Consultant to execute a non-disclosure agreement before obtaining access to Confrdential Information.4 lN WlTNESS WHEREOF the parties heretO 鳳 ittw鶴讃 wり 出∝∝砒軋 VILLAGE OF OAX BROOI{, an Illinois municipal corporation ATTESlヽ Village Clerk EXIIBIr4 rPRο Pο sAL DATED Л魔侃 C14 2θ Jの6 2266 CaH●on Drive ■ Northbr●●t:L00002●(847)498‐4800 3(Fax)498‐9091 PLUMBINC PROPOSAL Attn: Doug Hroba Proposal Date: 3r4/2019 Reusion#: 1 Customer Vi∥age of Oak Brook P●ed: Water une Re口 acelllent Address: 12000●k Brook Rd Address: 800 0ak Brook Rd Oak Brook,:L60523 Cw,State,zip: Oak Brook,lL 60523 Phone No: 63●368‐5282 Archm目■: N/A E711al:: dhroba(Doak‐brook oro Date of Plans: NrA Dear Doug Hroba, We appreciate the opporunity to provide you wtth a proposa:forthe p:umbing work ass∝iated wth the above referenced proltt h accordance wth F E Moran's cornmmmenttO qua:w and Safety that extends far beyond industry standards,we:ntend to provlde!abor and matena:necessary for the followlng: Water Pi●●ReDiaCOlllent: Replace up to 50'ofthtt inch water piping in the baserrlent rnechanicalroom We vИ ∥remove the e梵 sting gaNanレ ed piping and instal:new Copper piping and fttings,as needed We wl∥oonnectto the e」sting valves and testforleaks upon∞mpletion P:ease see Abmates#1,総 and tt for options to rep:ace iso:ation va膊 es and pipe insu:ation Totali S6,42400 Sho■疇r TraD ReDLcelnent: Remove 14 exlstlng steelshowertraps and repiace We w∥!insta∥new PVC traps,up to 10'of drain pipe and ftllngs,as needed We wi:l reconnectto tho o哺 sting drain piping at the frst availabie connection,where pOssible We輛 ∥testfor proper opeは bn upon∞mp:etlon TotaL S4,56900 707Aι PLUHBrNG RROPOm PRICF Sfa"3.00 ■remates: Aremate#1_Replace m,2.':so!ation Valves Du“ng water Pipe Replacement ADD:S45200 Attemate″‐Replace one,172":solation Vatt Dunng water Pipe Replacerlent ADD:S16400 Attmate#3‐!nsta∥1′2"Fiberglass Water Pipe:nsulamon tO Newly lnsta∥ed Copper Piping and Fttings ADD:S86700 B′d cravcaめ,s: A∥P,ping Figured as Fo:|●ws: Pioe Joints DesclDtiOn PVC Glue/P∥mer Above Cround Drainage and Vent Piping 2‐1/2.m and Sma∥er Copper L Soldered Above Ground Water Piping 3“and Sma∥er Demo lncluded Fixtures and Equipment Listed Above Supplied and insta∥ed by FE Moran Unless Noted Othen″ise Final Connections as Noted Above F.E. Moran Plumbing Proposal l of3 Assumes Shower Drains are lnstalled Properly and in Proper Working Order All Labor Figured During Regular Hours Above Pricing is provided under the assumption that all existing plumbing systems are in good working order and are lnstalled in Accordance with Local Codes Bid Exclusions: Permits, Fees, or Bonds Pipe lnsulation Premium Time Gas Pipe, Process Pipe, Condensate Drain Pipe or lrrigation Pipe Work of Any Kind Walerproofing of Shower Drains Electrical Work of Any Kind, including Control Wiring and Heat Tracing Painting Wo* of Any Kind Patching Work of Any Kind Concrete Work of Any Kind Dumpsters Beam Penetrations Opening or Closing of Walls or Ceilings for Our Work Protection of Existing Finishes Upgrades or Repairs of Existing System Beyond Scope Listed Above Temporary Plumbing Services / Systems Chlorination, Testing and Flushing of lncoming Water Service This Proposal is Valid for a Period of 30 days Thank you for contacting F.E. Moran regarding this project. We look forward to working with you. lf you have any questions, please do not hesitate to contact me at 8/7-2914312 Bid #: 120190301471 Revision #: 'l Project: Water Line Replacement Company: Village of Oak Brook Aooroval: signature that I am an authorized agent of the company receiving this proposal and that I have ny Sincerely, Andy Neumann F.E. Moran F.E. Moran Plumbing Proposal 2 of3 1 ' .Ⅲ=・ ヽ´ い、ヽ `ヽ ■| Terms and Conditions oFFER AND AccEPTAt{cE: FE Moran, lnc. offers to sell the malerial, equipment and services indicated in accordance with the terms and conditions stated herein. Submittal or a purchase order or execution of this offer shall be deemed as acceptance ofthis offer, which offer and acceptance shallconstilute a legally enforceable contract between the CUSTOMER and FE Moran, lnc. TERMS: FE Moran, lnc. payments are due 30 days from receipt of invoice. lf the contract amount exceeds $10,000.00 a down payment is required. The dolvn payment can be intheform of25% of the contract amount or the cost of materials / equipment, whichever is greater. when a do\ rn payment is secured, wort can begin. customer agrees to pay interest on any sums outstanding and past due computed at z% per annum over the cunent prime rate of interest or al highest lawful rate if thal rate is lo rer. Customer agrees to Pay all of FE Moran, lnc. costs and expenses incurred in enforcing FE Moran, lnc. rights or remedies hereunder or any of the terms hereof, including but not limited to, FE Moran, lnc. reasonable attomey's fees and court costs for any action brought under this agreement and shall be in the Circuit Courts of Cook County lllinois. lf, for any reason, the customer requests work, other than emergency seMce, to be done before or after FE Moran, lnc. regular wo*ing hours, such as Saturdays, Sundays, and Holidays, the Customer agrees to reimburse FE Moran, lnc. for any labor cosls above those applicable to regular working hours. FE Moran, lnc. is entitled to discontinue its performance under this agreement at any time paymenls are past due. ExcLusloNs: ln addition to exclusions listed herein the identification, detec,tion, encapsulation, removalor disposal of asbestos, lead, or producls or materials containing other hazardous substances is beyond the scope of this agreement and FE Moran, lnc. is not required to perform same. GUARAI{TEE AND WARMNTY: our bid includes a one (1) year parts warranty from the manufacturer supplied by FE Moran, lnc. and a thirty (30) day workmanship guarantee from FE Moran, lnc. from date of completion of such work. Any extended equipmenupart wananties will be lisled above. Beyond 30 days this wananty does not include the cost of handling, shipping, or transportation involved in supplying replacement for defeclive components. The customer agrees to provide routine maintenance as specmed by the manufacturer to ensure efficient operation and wananty coverage. Wananty is void if paymenls are not made in accordance with terms and conditions of this proposal or customeE negligence or improper operation of the equipment or Parls sold; or breakage caused by customers carelessness; nor is FE Moran, lnc. responsible for any alterations that may be made to equipment or parts sold to customeF by others. GENE,IAT rERMs Al{D coNDtro s: unless specifically stated olherwise, all work will b6 pertormed by competent union workers during normal working hours, Monday through Friday, 7:00AM until 3:3OpM. Due to market volatility of raw materials, this proposal is valid for thirty (30) calendar days and supersedes allpreviously dates documents. This proposal conlains proprielary design and pricing information and is provided to the recipient for their confidential use only. The recipient agrees not to lend, reproduce or otheMise disclose its contents with express written consent of an ofricer of FE Moran, lnc. FE Moran, lnc. maximum liability based upon any legal claim or cause ofaction, shall not exceed the contract price of this agreement. Customer shall permit timely access to the building and equipment, permit use of building services, allow FE Moran, lnc. to starl and stop the equipment as necessary lo perform said work. FE Moran, lnc. shall not be required to fumish any items of equipment, labor, or make specialtests recommended or required by insurance companies, Federal Stale Municipal or other authorities except as otherwise included in this Agreement. F.E. Moran Plumbing Proposal 3of3 EXHIBIT B ( I N S URAN CE REQUIREME N T S ) Certificates of Insurance shall be presented to the Village upon execution of this contract and vendor shall notcgmmence work until it provides and receives acceptance of insurance certificates foom the Village as required bythis exhibit. Each contractor performing any work pureuant to a contract with the Village of OaI Brook and each permittee Yo,llg *du] ? p"rmit as required pursuant to the provieions of Title I of Ciapter 8 of the Code of Ordinances ofthe Village of Oak Brook (hereinafter referred to as "Insured") shall be required to carry such insurance asspecified herein. Such contractor and permittee shall procure and maintain io, th" d*utio, of the contract orpermit ineurance against claims for injuries to persons or damages t property which may arise from or inconnection with the performance of the work under the contract or permit, either Ly the contractor, permitt€e, ortheir agents, representatives, employees ot subcontractors. A contractor or permittee shall maintain insurance with limits no less than: A. General Liability' $2,000,000 combined single limit per occruren@ for bodily rnjury, personal injury anrlproperty damage; B. Automobile Liability (if applicable) - $1,000,000 combinerl single limit per accident for bodily injury and property damage; C Worker's Compensation and Employer's Liabi-lity - Worker's Compensation limits ae required by the Labor code ofthe state of Illinois and Emplover's Liability limits ofg1,000,000 per accirlent. Any deductibles or self-insured retention muet be declared to and approved by the Village. At the option of theVillage, either the insurer shall reduce or eliminate such deductible or self-ineured reLntion as respects theVillage, its offrcers, ofrcials, employees and volunteers; or the Insured shall procure a bond guaranteeing payment of lossee and related investigations, claim administration and defenee ""pers"" to the extent of such deductible or eelf.insured retention. The policies shall contain, or be endorsed to contain, the following provisions: D. General Liability and Automobile LiabiJity Coverage - (l)The Village, ite officere, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activitiee performed by ot on behalf of the Inswed; premises owned, occupied or used by the Insured. The coverage shall contain no special limitation; on the scope oiprotection afforded to the Village, its officere, officials, employees, volunteers, or agents. (2)The Insured'e insurance coverage shall be primary ineuranc€ ae reepecta the Village, its of6cers,officials, employees, volunteers and agents. Any insurance o, ""lf-ins*urce maintained by theVillage, its offrcers, officials, employees, volunteers or agenta shall be in excess of the Insured,s insurance and shall not contribute with it. (3)Aay faiJure to comply with reporting provisions of the policies shall not affect coverage provided to theVillage, its ofEcers, officials, employees, volunteers or agents. (4)The Insured's insurance shall apply Beparat€ly to each covered pa-rty against whom claim is made orsuit is brought except with respect to the limits of the inswer,s liability. E. Worker'e Compensation and Employer's LiabiJity Coverage The policy shall waive all rights of subrogation against the Village, its offrcers, officiale, employees, volunteers and agents for 10sses a五 shg ttom wOrk perfOrllled by the insured fOr the Vttage Each insurance pohq/shal be endOrsed tO staue that c。 鷲綴 }鰤 ュ譲lI螂 嚇 less than A:VII 罷 [驚 l畢 鶴 1ぎ 絨 驚 欄 憮 驀 嶋 獣 1:磨 節 捕 讐 菫 勇 i欝 器署ギ艦 :Le Ⅷ電e reseⅣ∝■e Hgh∞ “ qure∞胤 ど£躙 蹴 L欝 淵 :群 糧 喜」∥驚 艦 よ Each insured shall include all subcOntractOrs as insureds under its poLcies Or sha■缶 Ё sh 8eparate cert五 catesand endOrsements for each subcOntractOr A■∞verages for sub∞ntractOrs sha]be subJect tO a■Of therequrements stated herein8