Heritage Center Damper Replacement ProjectTO:
VILLAGE OF OAK BROOK
CONTBACT FOR THE
OAK BROOK HERITAGE CENTER DAMPEB REPLACEMENT PROJECT
Full Name of Contractor: F.E. Moran Mechanical Services ("Contractor:')
Principal Office Address: 16308 South 107th Avenue, Suite 12, Orland Park, Illinois 60467
Contact Person: Eric Simadis, Project Engineer Telephone Number: (708) 460-6377
Village of Oak Brook ("Village")
1200 Oak Brook Road
Oak Brook, Illinois
Attentiou Doug Patchin, Public Works Director
Contractor warrarlts and represents that Contractor has
carefully examined th.e Worh Site described below and
has reuiewed and wnderstood q,ll documents included,
referred to, or mentioned in this bound set of docwments.
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":
1. Labor. Equipment. Materials. and Supplies.
Provide, perform, and complete, in the
manner specified and described in this
Contract, all necessary work, labor, services,
transportation, equipment, materials,
supplies, information, data, and other means
and items necessary for the Oak Brook
Heritage Center Damper Replacement
Project, as specified in Exhibit A, attached
hereto, at the Oak Brook Heritage Center,
1112 Oak Brook Road, Oak Brook, Illinois
60523 ("Worh Site");
2. Permits. The Village will furnish all
permits, licenses, and other governmental
approvals and authorizations necessary in
connection therewith;
3. Insurance. Procure and furnish insurance
certificates specified in this Contract;
4. Taxes. Pay all applicable federal, state, and
local taxes;
5. Miscellaneous. Do all other things required
of Contractor by this Contract; and
6. Suality. 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, and
first quality equipment, materials, and
supplies.
B. Performance Standards.Contractor
acknowledges and agrees that all Work shall be fully
provided, performed, and completed in accordance with
the estimate dated February 15, 2019, attached hereto as
Exhibit A.
C. Responsibilitv for Damaee or Loss. Contractor
proposes, and agrees, that Contractor shall be
responsible and liable for, and shall promptly and
without charge to Village repair or replace, any damage
done to, and any loss or injury suffered by, the Village,
the Work, the Work Site, or other property or persons as
a result of the Work.
D. InspectionL/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's
judgment, 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 1 above, including overhead and
profit; 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 $7,500.00.
TOTAL CONTRACT PRICE (in writing):
Seven Thousand Five Hundred Dollars
BASIS FOR DETERMINING PRICES
It is expressly understood and agreed that:
1. 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 to
the Work are included in the Schedule of
Prices.
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 to
perform 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 all
prior 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 15 d.ays following the
Village's acceptance of this Contract provided Contractor
shall have furnished to the Village all bonds and all
insurance certifrcates specified in this Contract
("Cornmencernent Date").Contractor further
acknowledges and agrees that Contractor shall perform
the Work diligently and continuously and shall complete
the Work not later than April 30, 2019 ("Time of
Perforunanee"). The Village may modify the Time of
Performance at any time upon 15 days prior written
notice to the Contractor. Delays caused by the Village
shall 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 agrees
that Contractor shall provide certificates of insurance
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 shall
be in form, and from companies, acceptable to the
Village. The insurance coverages and limits set forth
Exhibit B shall be deemed to be minimum coverages and
limits and shall not be construed in any way as a
limitation 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 all
times while providing, performing, or completing the
Work are as set forth in Exhibit B.
B. Indemnification. Contractor acknowledges and
agrees that Contractor shall indemnify and save
harmless the Village against all damages, liability,
claims, 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, the Work or any part thereof, or any failure to
meet the representations and warranties set forth in
Section 6 ofthis Contract.
D. Penalties. Contractor acknowledges and agrees
that Contractor shall be solely liable for any fines or civil
B.
C.2
penalties 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 ProBosal
All prices and other terms stated in this Contract are
firm and shall not be subject to withdrawal, escalation,
or change.
6. Contractor's Represeutations 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 Laws. The Work, and all of its
components, shall be provided, performed, and completed
in compliance with, and Contractor agrees to be bound
by, all applicable federal, state, and Iocal laws, orders,
rules, and regulations, as they may be modified or
amended from time to time, including without limitation
the Prevailing Wage Act, 820 ILCS 130/0.01 et seq. (in
furtherance of which, a copy of Village's ordinance
ascertaining the prevailing rate of wages, in effect as of
the date of this Contract, has been attached as an
Appendix to this Contract; if the Illinois Department of
Labor revises the prevailing rate of hourly wages to be
paid, the revised rate shall apply to this Contract); any
other prevailing wage laws; any statutes requiring
preference to laborers of specified classes; any statutes
prohibiting discrimination because oi or requiring
affirmative action based on, race, creed, color, national
origin, age, sex, or other prohibited classifrcation; and
any statutes regarding safety or the performance of the
Work. Further, Contractor shall have a written sexual
harassment 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 Iaw
from contracting with the Village or with any other unit
of state or local government as a result of (i) a
delinquency in the payment of any tax administered by
the Illinois Department of Revenue unless Contractor is
contesting, 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 338-3 or
Section 33E-4 of Article 33 of the Criminal Code of 1961,
720ILCS 5/33E-1 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. Acknowledgements
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.
D. 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.
E. 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 to
days shall be construed to refer to calendar days and
time.
F. No Waiver. No examination, inspection,
investigation, test, measurement, review, determination,
decision, certificate, or approval by the Village, whether
before or after 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 this
Contract; nor any order by the Village for the payment of
money; nor any payment for, or use, possession, or
acceptance of, 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 exercising any right
under this Contract; nor any other act or omission of the
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 provision of this Contract; or of any
remedy, power, or right of the Village.
G. Severabilitv. It is hereby expressed to be the
intent of the parties to this Contract that should any
provision, covenant, agreement, or portion of this
Contract or its application to any Person or property be
held 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 remaining3
provisions shall be interpreted, applied, and enfor.ced so
as Lo achieve, as near as may be, the purpose and intent
of this Contract to the greatest extent permitted by
applicable law.
H. Amendments and Modificqgions. No amendment
or modification to thie Contract shall be effective until it
is reduced to writing and approved and executed by the
corporate authorities ofthe parties in accordance with all
applicable statutory procedures.
I. Assienment, Neither this 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.
J, Governine Lqy: Venue, This Contracl, shall be
governed by, construed and enforced in accordance rvith
the internal laws, but not the con0ic[s of laws rules, of
the State of Illinois. Venue for any action arising out of
or due to this Contract shall be in l.he Circuit Court lor
DuPage County, Illinoie.
K. gertifie4 Pavrolls. Contracror shall, in
accordance with Section 5 of the Illinois Prevailing Wage
Act, 820 ILCS 130/5, submit ro the Village, on a monthly
basis, a certihed payroll. The certified 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 bs accompanied by a statement signed by
the Contractor or subcontractor which certifiee that (l)
such records are true and accurate; (2) the hourly raie
paid is not less than ihe general prevailing rate ofhourly
wages required by lhe Pr.evailing \(age Act; and (3)
Contractor or subconiractor is aware thaC filing a
certified payroll that he or she knows to be false is a
IN WITNESS WHEREOF the parties hereto
have cause(lhis Agpemen! to be executed,
effective on U]G{-C-.}I -l-e, z0 } 9.
Class B misdemeanor. A general contractor may rely
upon the certification of a lower tier subcontractor,
provided that the general contractor does not knowingly
rely upon a subcontractor's false certihcation. Upon two
btrsiness 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
officers 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.
L. Conflicts of Interest. Contracior represents and
certifies that, to the best of its knowledge, (1) no electedor appointed Village official, employee or agent has apersonal frnancial interest in the businegs of the
Contr.actor or in this Agreement, or has porsonally
received payment ot. other consideration for thi;
Agreernent; (2) as of the date of this Agreement, neither
Contractor nor any person employed or associated with
Contractor has any interest that would conflict in anyrnanner or degree with the performance of theobligations under this Agreement; and (g) neither
Contractor nor any person employed by or aseociatedwith Contractor shall at any iime during the term of this
Agreement obtain or acquire any interest that would
conflict in any mannel or degree with the performance of
the obligations under this Agreement.
M. Exhibits. If any conflict exists between this
Contract and an1'exhibit attached hereto, the terms ofthis Contract shall prevail. Any conflict that exists
between Exhibit A and Exhibit B, rhe terms of Exhibir B
shall prevail.
ATTEST:
VILLAGE OF OAK BROOI(, an llinois
municipal corporation
FoEo MORAN MECHAN:CAL SERViCES
OFFiCIAL SEAL
CHRISTINA L RUSSELL
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Charlotte Pruss, Village Clerk Riccardo F, Ginex, Villaee Ma
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Rich Henderson
Village of Oak Brook
1200 Oak Brook Rd.
Oak Brook, lL 60523
EST NO:0215‐09
DATE:February 15,2019
Re: Old Butler School Damper Replacement
Dear Mr. Henderson,
F.E. Moran, lnc. Mechanical Services appreciates the opportunity to submit the following proposal
for your consideration and acceptance.
'1. Disconnect and remove existing return, outdoor, and exhaust air dampers from attic
air handling unit.
2. Furnish and install (3) heavy duty replacement damper assemblies for attic air
handling unit. Dampers will be set in place thru the existing outside air louver located
above the condensing unit.
3. Re-attach existing damper actuators to new dampers.
4. Verify proper operation of new dampers.
Total Cost for This Work is NOT TO EXCEED: $7,500.00
This proposal is valid for thirty (30) calendar days from the above date.
Thank you for your confidence in F.E. Moran, lnc. Mechanical Services and for the opportunity to
be of service to you. lf you have any questions, please feel free to call me at (708) 460-6333.
Sincerely,
Customer's AcceptaD
Eric Simadis
Poect Engineer
F.E. Moran lnc. Mechanical Services
Accepted byr
This proposal is subject to F.E. Moran, lnc. Mechanical Seryices service repair terms condlrlons, which are
included as an additional page to this document.
oate: 3 -l- il po*
Servrce Terms and Conditions
TERMS: F.E. Moran, lnc. Mechanical Services payments are due 30 days from receipt of invoice. lf the proposal
amount exceeds $10,000.00, CUSTOMER shall pay a down payment. The down payment shall be equivalent to
25o/o of lhe proposal amount. Upon receipt of the down payment F.E. Moran, lnc. Mechanical Services shall
commence work. CUSTOMER agrees to pay interest on any sums outstanding and past due computed at 1.5% per
month or at highest lalvful rate if that rate is lower. Any cosls to collect any outstanding and past due amounts,
including reasonable atlorney fees, shall be paid by CUSTOMER.
Ii{VOICING: F.E. Moran, lnc. Mechanical Services reserves the right to issue partial or complete invoices as
material is furnished and as services are rendered.
TAXES: Prices quoted are inclusive of taxes, unless noted otherwise, or in lieu thereof. The CUSTOMER shall
provide F.E. Moran, lnc. Mechanical Services with a Tax Exemption Certificate acceptable to the taxing authorities
if the CUSTOMER is tax exempt.
EXCLUSIONS: Permits and fees are not included in this proposal price. Asbestos removal or detection, smoke
detectors, lead abatement, structural steel, painting, roofing, plumbing, sprinkler or electrical system additions or
revisions are not included. lt is assumed that the existing building systems and structure are capable of handling
the specified repairs to or replacement of CUSTOMER's HVAC system, (which include the building structural,
electrical, and mechanical systems).
GUARANTEE AND WARRANTY: The proposal includes a one (1) year parts warranty from the manufacturer and
a ninety (90) day workmanship guarantee from F.E. Moran, lnc. Mechanical Services from date of completion of
such work. Any extended equipment / part warranties or defined requirements will be listed under 'Additional
Provisions & Exclusions' above. Beyond 90 days this warranty does not include the cost of handling, shipping, or
transportation involved in supplying replacement for defective components. The CUSTOMER agrees to provide
routine maintenance as specified by the manufacturer to ensure efricient operation and warranty coverage.
Warranty will be void if the following occurs: (i) payrnents are not made in accordance with the terms and conditions
of this proposal; (ii) the CUSTOMER neglects to keep the operation of its HVAC system in good working order; (iii)
CUSTOMER carelessly damages, misuses or abuses its HVAC system; (iv) any damage to CUSTOMER's HVAC
system results from any unforeseen condilion occurring beyond F.E. Moran, lnc. Mechanical Services' control; or
(v) the CUSTOMER or a third party performs any alteration, modification, installation, or repair to the CUSTOMER's
HVAC system.
GENERAL TERMS AND CONDITIONS: Unless specifically stated otherwise, all work will be performed by
competent union workers during normal working hours, Monday through Friday, 7:00AM until 3:30 PM. This
proposal supersedes all previously dated documents. F.E. Moran, lnc. Mechanical Services shall not be required
to furnish any equipment, labor, or make special tests recommended or required by insurance companies, Federal
State Municipal or other authorities except as otherwise included in this proposal. CUSTOMER agrees that the
venue for any legal actions shall be in the Circuit Courts of Cook County. F.E. Moran, lnc. Mechanical Services'
time to perform its obligations shall be extended as necessary if performance is delayed by parts or equipment
unavailability, strikes, lockouts or other labor difficulties; transportation delays; casualty; wqr, rebellion, or riot, acts
of God or government or any cause whatsoever beyond F.E. Moran, lnc. Mechanical Services' reasonable control.
This proposal contains proprietary design and pricing information and is provided to the CUSTOMER for their
confidential use only. The CUSTOMER agrees not to lend, reproduce or othetwise disc/ose rfs contents without
express written consent of F.E. Moran, lnc. Mechanical Services.
EXHIBIT B
(I N SURAN CE REQUIREME NTS)
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 (hereinaft,er 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, either by 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 g 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 ofEcers,
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 ofsuch deductible or self-insured retention.
The policies shall contain, or be endorsed to contain, the following provisions:
D. General Liability and Automobile Liability Coverage -
(l)The Village, its officers, officials, employees and volunteers are to be covered as additioual iusureds as
respects: Iiability 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, offi.cials, employees, volunteers or agents.
(a)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, offrcials, employees,
volunteers and agents for losses arising from work performed by the insured for the Village.
Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled by either
party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail has been given
to the Village. Each insurance policy shall name the Village, its officers, officials and employees, volunteers and
agents as additional Insureds. Insurance is to be placed with insurers with a Best's rating of no less than A: \rII.
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