BGC Monopole Microwave Communication Ethernet Cabling Project_RedactedVILLAGE OF OAK BR00K
CONTRACT FOR THE
BGC MONOPOLE TOWER MICROWAVE COMMUNICAT10N ETHERNET CABLING PROJECT
Full Name of Contractor:Critical Technology Solutions(``COれ ιrac′oノ)Principa1 0fflce Address:1247 Warren Avenue,Downers G■ove,11linois 60515
TO:Village of Oak Brook ("%llcge")
1200 Oak Brook Road
Oak tsrook. Illinois
Al,tention: Jim Fox, Infornration Technology Director
Contractor wq.rrants and. represenls th,al Controct'or has
corefull-t exontined the Work Site descrilted belou' on<l
hos retieu:ed ond understood all docunent's inclu'ded,
referred to, or ntentioned in this boun'd set of d'oat'ntents'
l. 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 thi-q Contracl, all of the following,
all of which is herein referred [o as ihe "Work":
l Labor,EcuiDmont,Materials,and StlDDlieS.
Provide, perform, and completo, in t.ho
manner specif10d and described iti this
Contract,all necessary work,labor,selwices,
transportation, equipment, materia13,
wttL「胞蹴T'ぷ 蹴∫翻胤器1:
Towerヽ 4icrowave Communication Ethernet
Cabling Pr●eCt, as specifled in Exhibit A,
attached hereto, at the Butler Government
Center, 1200 0ak Brook Road, Oak Brook,
11linois 60523 CWo「・L Sι ιθ'');
Permits. The Village will furnish all
perrnits, licenses, and other governmental
approvals and authorizatious neces-*ary in
rxlnnection therewith;
Insurance. Procure and funrish insuran<:e
certificates specified in this Contract:
Taxes. Pay all applicable federal, state' and
local taxes;
5, Wliscellaneous. Do a1l other things required
Of Contractor by this Contracti and
6.Oualitv. Provi(le,perform,and complete all
oftlle foregoing in a propeF and WOrkmanlike
manner, consistent with tho standards of
recognized I)roお ssional flrms in perfornling
Work of a similaF nature,in ftlll compliance
with,and`Is re(luired by or pursuant,to this
Contract, and Mrith the greatest economy,
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arst quality equipment, materials, and
supplies
B.Performance Standards. COntractor
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attached hereto as Exhibit A
the Wo■k.1′he Work Site,or other property or persons as
a result ofthe Work.
D. InspectiorlTestine/Reiection. Village shall have
the right to inspect all or any part of the Work and to
reject all ol any part of the Work that is, in Village's
judgment, defective or damaged or that in any way fails
to conform strict,ly to the requirement,s of this Contract
and the Village, wit,hout limiting its other rights or
remedies, may require correction or replacement at
Contractor's cost, perform or have performed all Work
necessary to cornplete or correct all or any part of the
Work that is defective, damaged, or nonconforming and
charge Contractor with any excess cost incurrerl thereby,
or can<:el all or any part of atry order or this Contract.
Work so rejected rnay be returned or held at Contractor's
expense and risk.
2. Co4tract Price
Contractor acknowledges and agrees that Contractor
shall take in full payment for all Work and other matters
set fortlr under Section 1 above, including overhead and
profit; taxe-q, contributions, and prerniums; and
compensation to all subcontractors and suppliers, the
compensation set forth below.
A. SCHEDT]LE OF'PRICES
For providing, performing, and courpleting all
Work, the total Contract Price of $4'E65.18
TOTAL CONTRACT PRICE (in writing):
Four Thousand Eight Hundred and Sixty-
Five Dollars and Eighteen Cents'
B. BASIS FOR DETEBMINING PRICES
It is expresely understood and agreed that:
1. A1l prices stated in the Schedule of Prices
are firm and shall rrot be subject to
escalation or change;
2. The Village is not subject to stflte or local
sales. use, and excise taxes, tlrat 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 hertlby waived
and released;
3. All other applicable federal. stale. and local
taxes of every kind and nature applicable to
the Work are included in the Schedule of
Prices.
C. TIME OF PAYMENT
It is expressly understood and agreed that all
paymetrt.s shall be made upon t:omple'tion of tlre
rvork aud final approval by the Village.
All paynents may be subject to deduclion or
setoff by reason of any failure of Contractor to
perform under this Contract. Each payment
shall include Contractor's certification of the
value of, and partial or final waivere of lien
covering, all Work for which payment ie then
requested and Contractor's certification that all
prior payments have been properly applied to
t.he payment or reimbursement of the costs wit.h
respect to which they were paid.
3. Conttqct Time
Contractor acknowledges and agrees t,hat Contractor
shall cornmence the Work within I5 days following the
Village'e acceptance of this Contract provided Contractor
shall have furnished to the Village all bonds and all
insurance certificates specified in this Contract
("Commencement Dote").Contractor further
acknowledges and agrees that Contractor shall perform
the Work diligently and continuously and shall complete
the Work not later |,han December 15, 2018 ("Time of
Perfonnance"). The Village may modifu the Time of
Performance at any time upon 15 days prior written
notice to the Contractor. Delays caused by the Village
shall extend the Tinre of Performance; provided,
horvever, that Contractor shall be responsible for
courpletion of ail Work within the Time of Perfonnance,
notwithstanding any strike or other work stoppage by
emplovees of either Contractor or of the Village.
4, EisclctelAsssregse
A. Ineurance. Conlraclor acknowledges and agrees
that Contractor shall provide certificates of insurance
e'i.idencing the minimum insurance coverages and linrite
set forth in Exhibit B rvithin 10 days following the
Yillage's acceptance of this Contract. Such policies shall
be in fornt, and from companies, acceptable to the
Village. The insurance coverages and limits set forth
Exhibit B shall be deemed to be ntinimutn coveragee 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 Iosses or
damages under this Contracl;. The minimum insrrrance
coveragea anrl limits that shall be maintained at all
times while providing, performing, or completing the
Work are as set forth in Exhibit B.
B. Indernnificatio!. Contractor ackuowledges and
agrees that Contractot' shall indemrrify and s&ve
harmless the Village against all damages, liability,
claims. losges, and expenses (including attorneys' fee)
that may arise, or be alleged Lo have ariserr, out of nr in
connection with Contractor's perforrnance of, or failure to
perform. the Work or any part thereof, or any failure to
nreet the representations and warratrties set forth in
Seetion 6 of this Contract.2
D. Penalties. Oontracl;or acknorvledges and agrees
that Contractor shall be solely liable for any fines or civil
penalties that ar:e imposed by any governntent.al or
quasi-governmental agency ol body that may arise, or be
alleged l;o have ariserr, out. of or in conuection with
Contractor's performance of, or failure to perforrn, the
Work or any part t"hereof.
5. Fir.m Ptopqsal
All prices and other terms stated in this Coutract are
firm and shall not be subject t.o wit,hdrawal. escalatiorr.
or chango.
6. Contractor's Represeutations andWarranties
5/11-42. l-1; or (ii) a violation of either Section SilE-3 or
Ser:tion ;l3E-4 of Article 33 of the Crirninal Code of 1961,
720 ILCS 5/338"1 e! aes.
D. Qualified. Contractor has the requisil.e
experieuce, ability, capital, facilitiea, plant, organization,
and staff to enable Contractor to perform thc Work
successfully antl prnmptly and to comnlence arrd
cornplete the Work within the Contract Price and
Contract Time set forth above.
i. Aeknowledgements
In submitting this Contract, Contractor
acknowledges and agrees lhat:
A, Reliance. The Village is relying on all
warranties, represeutations, and statements rnade by
Cnntracl,or in this Contract,
B. Accepta.aQg. If this Contract is accepted,
Llontrar:tor shall lrc bound by each and every terln,
condition. or provision contained in this Conlract'
f). Remedies. Each of the rights and remedies
resen,ed to the Village in this Contract shall be
cumulative and additional to any other or further
renredies provided in larv ol equity or in thie Contract.
H. Time. Tirne is of the essenoe in the llcrforrnance
of all ferms and provisions of this Coniract and, except
rvhere stated otherwiee references in this Cr:ntract to
rlays shall be construed to refer to calendar days and
firne.
t'. No Waiver. No examination, inspection,
investigation, test, measurement, review. determination,
decision. certificate. or approval by the Village, whelher
before or aftel the \rillage's aeceptance of this Contract;
nor any infonnation or data supplied by the Village'
rvhetlrer hefore or after trhe Village's acceptance of this
Conl:rar:t.; nor any order by the Village for the payment of
nloney; nor any payment for. or trse' possession' or
acceptarce of, the whole or any part of the Work by the
Viliage: nor any extension of time granted by the Village;
nol any delay by the Village in exercising any right
untler t,his Contract; nor arry other act or omission of the
Village shall cotrstitttte or be deemcd [o be an acceptance
of any defective. damagecl, crr nonconforming Work' nor
operate to waive or othervriee diminish the effect of any
representation or vi'arranty made by Contractor; rlr of
any requirement ()r provision of this (lont.raet; or of any
rernedy, 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. r:ovenanl,, agreemetrt, ol' porl,ion of this
Contract, or its applicatinn to any Person or propert'y be
held invalicl b-v a cortrl of conrpetent jurisdiction, the
rernaining provisions of this Contract and the validitl',
enforceabilitl', and application to any Person or propert5'
In order to induce the Village to accept this Contract.
Contractor hereby retrlresent.s and warrants as follorvs:
A. The-Wst*. The Work, and all of its components,
shall st.rictly confortn to the requiremenl's oI this
Cont.ract.. including, without lirnitation. the perfornrance
standards set forth in Subsection lB of this Contract;
and shall be fit. sufficient, artd suilable for the purpoees
expreseed in, or reasonabl."- inferred fronr. this Contract
and the warranties expressed herein shall be in addition
to any other warranties exllressed or implied by law,
whir:h are hereb-'- resen'ed unto the Village.
B. C<lrnnli.ance with Laws. The Work, and all of its
components. shall be provided, performed, and completed
rn compliance rvith, and Contractor agrees to be bound
by, all applicable federal. state, and local laws, orders,
rule*o, and regulations, as they ntay be motlified or
aurended from tritne to time. including wit.hout limitation
tht' Prt,vaiiing Wage Act, 820 II,CS 130/0'01 et seq. (in
furtherance of which. a c(4)y of Village's ordinance
ascertainiug the, prevailing rate oli lvages. in effect as of
rhe date of this Contract, has been attached as an
Appenclix to this Contract: if the Illinois I)epartment' eif
l,abor revises the prevailing rate of hourly wages to be
paid, the revised rat'e .ghall appl-v- to ihis Contract); any
other prevailing wage larvs; any statutesi requiring
preflerence to laborers of specifred classes; any statutee
prohibiting discrimination because of, or requiring
affrnnative action basecl orl' race. creed, color. national
origin, age. sex, or other prohibited classification: and
any stat,uies regarding safety or the perfonnance eif the
Work. Further. Oontractor shall have a vvritterr sexual
hara*qsment polit:y in cornpliance wit,h Section 2'i05 of
the Illinois Human Rights Act during the course of the
work.
C. Not [larred. Contractor is not barred try larv
fr'orn contracting with the Village or with any other rtnit
of srale or local government. as a result of (i) a
delinquency in lhe paynrent of any tax admilistered by
the illinoi-s Department. ol Revetrue rrnless Contra<:tor is
cont.est,ing, in accordance with the procedures
established by t,he aylpn4rriate Revenue Act.. its liability
for the lax or the amolrnt. of t.ax, as set forth in 65 ILCIS3
shall not be impaired thereby, but the remaining
pmvisions ahall be interpreted, applied, and enforced ao
as to achieye, as nea! aa oay be, the purpose and inteni
of this Contract to the great€st extent permii,ted by
applicable law.
Il. Ameudmente and Modifications. No amendment
or modification io thig Contrsct shall be effective until it
is reduced to writing and approved aud executed by the
corporate authoritiee ofthe parties in accordance with all
applicable statutory procedures.
I. Assisnment, Neither this Contlact, nor any
in0erest het€in, ahall be aasigned or subcontracted, in
whole or in pad" by Contractor exc€pt upon the prior
written consent ofthe Village.
J. Governine law: Venue. This Contract ehall be
8ovemed by, construsd and enforced in accordancs with
the internal laws, but not the conlticts of lawe rules, of
the State of lllinois. Venue for any action arieing out of
or due to thie Contract shall be in the Circuit Court for
DuPage County, Illinois.
K. Certifiad Pavrolle. CoDtractor ghall, in
accordance with Section 6 ofthe luinois Prevailing Wage
Act, E20 ILCS 130/5, 8ubmit to the Village, on a monthly
ba8is, a certiied payroll. The certified payroll ahall
cu6bt of a complete copy of thoee records required to be
made and kept by the Prevailing Wage Act. The certfied
paymll Bhall be accompanied by a statement eigned by
the Contractor or 8ubcontractor which certifies that: (l)
euch recorde are true and accurate; (2) tho hourly rate
paid is not le$ than the general prcvailing rate of hourly
wagee required by the Prevailing Wage Acl and (3)
Contractor or subcontractor is aware thai filing a
certified payroll that he or Bhe knows to be false ig a
IN WITNESS WHEBEOF the parties hereto
have caused thi8 ASreement to be executed,
efrective on 2018.
Claee B misdemeanor. A general coDtractor Dey rely
upon the certification of a lower tier subcontract r,
provided that the general contractor does not knowingly
rely upon a subcontractot'6 fake certiEcation. Upon two
bueiness days' noiie, Conkactor and each subcontractor
shall make available for inspection the recorde required
to be made and kept by the Act: (i) to the Village, ito
ollcers and agents, and to the Director of the llUnois
Depertment of labor and hia or here deputiea and
ageote; and (ii) at 8ll reasonable hours at a location
withio this State.
L. Conflicta of lntcregt. Contractor repreEents and
certifes that, to the be8t of its knowledge, (l) no elecied
.or appointed Village oEcial, employee or agent h8s a
personal financial interesi in the business of the
Contractor or in this Agreement, or hae perronally
reeived payment or other consideration for this
Agr€emenu (2) as of the date of this Agreement, neither
Contractor nor any person employed or e8eociat€d with
Contractol has any inter€st that would conllict ia aoy
lranner or degree with the performance of the
obligations under this Agt"ement; and (A) neither
Contrector nor any person employed by or aasaiaied
with Contractor Ehall at any time during the ierm ofthis
Agreement obtain or acquire any intereat that would
conllict in any manner or degree with the performance of
the obligetions under this Agreement.
M. Exhibile. If any conllict exists betwe€n this
Contract and any exhibit attached hereto, the t€rI[s of
thh Contract ahall prevail. Any conflict that erist€
betrveen Exhibit A and Exhibit B, the terms of Exhibit B
ehall prevail.
VILLAGE OF OAtr BBOOK, an lllinois
municipal corporation
Charlotte Pruss,1711lage Clerk
ATTEST:CRITiCAL TECHNOLOGY SOLUT:ONS
By:
ErrBrT A
rESrFMИ TE#3182205 DATED OCTOBEP′■2θ J砂5
dticaltty
1247 Warren Avenue
Downers Grove,∥.60515
Voicei(630)737‐1082
FaxI (030)737‐1094
Estimate
Dalo Eetimale #
10′19/2018 3182205
Name I Addre3s
Vrllaga ol Oak Erook
Accounts PByabl€
3003 Jon€ BMd.
Oak Brook, lL 60523
Doscrip!on Qty Rate Total
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10500
87840
2160
5884
058
8,05
2318
1.89000
1.75680
259.20
70608
1740
96.60
13003
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EXHIBIT B
(/NS [/RAN CE REQ Lt I R EME N T S )
Certificates of Insurauce shall be trlresented to the Village rrpon execution of this contract and vendor shall not
commence work ultil it provides and re<:ejves acceptance of insuratrce certificates from the Village as required by this
exhibit.
Each conNractor performing any work purauant to a contract with the Village of Oak Brook and each permittee working
under a permit as required pursuant to the provisions of Title I of Chaptnr 8 of the Code of Ordinances of the Village of
Oak Brook (trereinafur referred to as "Insured") ehaI be required to catry such insurance as specified herein. Such
contractor ald pennittee shall proclrre and maintain for lhe dtrration of the contract or permit insurance against claims
for injuries io pereons or darnages to pmperty which rnay arise flom or in contrection with the performance of the work
un{er the contract or permit, either by the contractor, pernrittee, or their agents, representatives, employees or
subcontractors.
A contractor or permittee shall maintain insulance with limits no less thatt:
A. General Liability - $2,000.000 cr:mbined single limit per occurrence for bodily injury, personal injury and
propefty 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 Ernployer's Liability . Worker's Compensation limits as required by the Labor Code
of the State of Illinois and Emplo."*er'e Lrability lirnits of $1,000,000 per accident.
Any deductibles or self-insuptl retent,ion must be declarecl to and approved by the Village. At the option of the Village,
either the insurer shall nrdu<p or elirninate such cleductible or self-insured rctention as respects the Village, its ofiicers.
officials, enrployees and volunteersr or the lnsured shall procure a bond guaranteeing paymeni of losses and related
investigation*, .luir1 aclministration and defenee expenees to the extr'.nl of such deductible or eelf-insur€d retention.
The policies shall contain, or be endorsetl t.o nrntain. lhe following provision.s:
D. General Liability and Autornobile Liability Coverage '
(l)The \iillage, its officer*, offrcials. employees and r.olunteers are to be mvered as additional insureds as
respects: liability arising out of activities performed by or on behalf of the Insured; premises owned,
occupieti o. ,,rui bV the Insured. The coverage shall contain no special limitations on the scope of
protection afforded kl t,he Village. its ofiicers, officials, employees, volunt,eers, or agents'
(2)The lnsured's ingurance c.overage shall be prirnary insurantn aB r:e$lx)cts the Village, its ofrcere, officials,
employtxrs. volqnleers and agents. Any insurarrce or self-insurance maintained by the Village, itsgffrcers,
.flicials, employeos. v.olunteers or agents shall be in excess of the Insured's insurance and shall not
contribute rvith it.
(B)An_v failure to cornply with reporting provisions of the policies shall not affect <xrverage provided to the Village,
its officers, officials, emplo5'ees. volttnteers or agents'
(a)The Insurcd,s insurarrce shall apply separately to each covetecl party against. vvhom claim is made or suit is
brought except with respect to the limits of the instrrer's liability.
E. Worker's Compensation and Ernployer's Liabilit'v Coverage
The policy shall waive all right,s of subrogation against the Village, its officers, officials, employees,
volulteers anfl agelts for losses arising from work perforrned by the ineured for the Village.
Each ilsurance policy shall be endorsecl to state t.hat rxrverage shall not be suspended, voided, carrceled by either
party, reduced iricoverage or ip limit;s excepl afl:er thirty (30) days prior written notice by certified mail has been given
io tire Village. Each iri.curance policy ehall uame t.he Village, ite officers, ofiicials and employees, volunteers and
agent^s us uJditiolal Insuretls. Insurauce is to be placecl u,it.h ingurers with a llest's rating of no less than A: VII.
Each Insured shall furnish t.he Village u,ith certificates of insurauce and with <lriginal endoreenrents effecting
coverage required by this provision. The certificate and endoreements for each insuranee policy are to be signed by a
per$on authorized by that insuler to bind coverage on il;s behalf. The cerl.ificates and endorsemenle are to be on forrne
approved by the Village and shall be subject to approval by the Village Attorney before work commences. The Village
r€serves the righl, t;cl require cornplete, r:ert;ified copies of all required insurance policies, at any lime.
Each insured shall include all subcontractors ae insnreds 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