Outdoor Warning Siren System Upgrade Instalation ProjectVILLAGE OF OAK BROOK
CONTRACT FOR THE
OUTDOOR WARNING SIREN SYSTEM UPGRADE INSTALLATION PROJECT
Pull Name of Contractor: Braniff Communications. Inc. ("Contractor")
Principal Office Address: 4741 West IMStreet Crestwood, Illinois 60418
Cmu.act Person: Jeffrey M. Ryba, President Telephone Number: (708) 597.3200
TO: Village of Oak Brook ("Village")
1200 Oak Brook Road
Oak Brook, Illinois
Attention: Jim Fox. Information Technology Director
Contractor warrants and represents that Contractor has
rmelidly examined the Work Site described belou, and
hos 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
specilied and described. and upon the tot -ins and
conditions setforth, in this Contract. all of the following,
all of which is herein referred to as the "Work":
Labor. Eauinment Materials and Sunnlies.
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 Outdoor
Warning Siren System Upgrade Installation
Project as specified in Exhibit A attached
hereto, in Oak Brook, Illinois 60523 ("Work
Site");
2. Permits. The Village will furnish all
permits, licenses, and other governmental
approvals and authorizations necessary in
connection therewith;
3. Bonds and Insurance. Procure and furnish
all bonds and all insurance certificates and
policies of insurance specified in this
Contract:
.1. Taxes. Pay all apphr:able federal, state, and
local taxes;
5. Miscellaneous, Do all other things required
of Contractor 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 irons 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 quotation dated August 16, 2018, attached hereto as
Exhibit A.
C. Responsibility for Damage 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.
1). Inspection/Testing/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 fldl 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. SCHEDULE OF PRICES
For providing, performing, and completing all
Work. the total Contract Price of $10,981.00
TOTAL CONTRACT PRICE (in writing):
Ten Thousand Nine Hundred and Eighty -
One Dollars
B BASIS FOR DN;,TEI2MININC PRICES
It is expressly understood and agreed that:
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
tuxes of every kind and nature applicable Lo
the Work arc included in the Schedule of
Prices.
C. '1'IMF, OF PAYMENT
It is expressly understood and agreed that a 50%
deposit is required and that the remaining
balance 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 of, 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 days (weather
Permitting) following the Village's acceptance of this
Contract provided Contractor shall have furnished to the
Village all bonds and all insurance certificates specified
in this Contract ("Commencement Date"). Contractor
further acknowledges and agrees that Contractor shall
perform the Work diligently and continuously and shall
complete the Work not later than December 1, 3018
("Time of Performance"). 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.
A. Financial Assurance
-- :A: Bunds. Contractor acknowledges and gv-ces
that Contr all provide a Perform eek and a
Labor and Material Pa a, on forms provided
by. or otherwise acce o, t aa, from a surety
company acce a to Ute Village, each in 1 sum
of th ntract Price, within 10 days following the
Village's acceptance of this Contract.
B. 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 WAV 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 its officers, officials, employees and
volunteers, against all damages, liability, claims, losses,
and expenses (including attorney= fee) 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, or any failure to meet the
representations and warranties set forth in Section 6 of
this Contract.
D. Penalties. Contractor acknowledges and agrees
that Contractor shall be solely liable for any fines or civil
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 Proposal
All prices and other terms stated in this Contract are
firm and shall not be subject to withdrawal, escalation,
or change.
G. Contractor's.Representations and Warranties
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 1B 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 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
130/0.07 et se_,Ic.; any other prevailing wage laws; any
statutes requiring preference to laborers of specified
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 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 law
from contracting with the Village or with any other unit
of state of 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
5/11-92.1-1; or (ii) a violation of either Section 33E.3 or
Section 33E-9 of Article 33 of the Criminal Code of 1961,
720 ILCS 5133E.1 et seg.
D.ualifi d. 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. Acknowledttements
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. Acceotance. 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 Villa -ea 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. Severability. 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 remaining
Provisions shall be interpreted, applied, and enforced so
as to achieve, as near as may be, the purpose and intent
of this Contract to the greatest extent permitted by
applicable law.
H. Amendments and Modifications. No amendment
or modification to this Contract shall be effective until it
is reduced to writing and approved and executed by the
corporate authorities of the parties in accordance with all
applicable statutory procedures.
I. Assignment. 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 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. Venue for any action arising out of
nr due to this Contract shall be in the Circuit Court for
DuPage County, Illinois.
K. Certified Payrolls. Contractor shall, in
accordance with Section 5 of the Illinois Prevailing Wage
Act. 820 II.CS 130/5, submit to the Village, on a monthly
basis. a certified payroll, if applicable. The certified
pavroll shall consist of a complete copy of those records
required to be made and kept by the Prevailing Wage
Act_ The certified payroll shall be accompanied by a
statement signed by the Contractor or subcontractor
which certifies that: (1) such records are true and
accurate; (2) the hourly rate paid is not less, if
applicable, than the general prevailing rate of hourly
wages required by the Prevailing Wage Act; and (i)
Contractor m' subcontractor is aware that filing a
IN WITNESS WHEREOF the parties hereto
have cause4l s green, e t to be executed,
affective on_, 2018.
ATTEST:
By:
40
or -
ATTESTAlffirmftL:
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,
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 he 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 her deputies and agents;
and (ii) at all reasonable hours at a location within this
State.
L. Conflicts of Interest. Contractor represents and
certifies that, to the best of its knowledge, (1) no elected
or appointed Village official, employee or agent has a
personal 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 of the date of this Agreement, neither
Contractor nor any person employed or associated with
Contractor has any interest that would conflict in any
manner or degree with the performance of the
obligations under this Agreement; and (3) 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.
M. Exhibits and Other Agreements. If any conflict
exists between this Agreement and any exhibit attached
hereto m any other Agreement. between the parties
relating to this transaction, the terms of this Agreement
shall prevail.
VILLAGE OF OAK BROOK, an Illinois
municipal corporation
By
Village Manager
BRANIFF
By:
Its: r --`t-
EXHIBIT A
(QUOTATION DATED AUGUST 16, 2018)
BRANIFF COMMUNICATIONS, INC.
4741 W. 136!h Street, Crestwood, Illinois 60418
Voice: (708) 597-3200 Fax: (708) 597-3307
QUOTATION NO. MUST BE REFERENCED ON YOUR
PURCHASE ORDER.
PAGE 1
QUOTED TO:
Village of Oak Brook
Attn: Jim Fox i IT
1200 Oak Brook Road
Oak Brook, IL 60523
Voice:
Fax:
E -Mail: jfox@oak-brook.org
QUOTATION
QUOTATION NO.: BCI• IS081618A.1
QUOTE DATE: Augus116,2018
QUOTE EFFECTIVE THRU: December 31, 2018
TERMS: Net 30 Days
SHIP VIA: Job Site Delivery
SHIP TO:
Village of Oak Brook
Attn:Jim Fox !IT
1200 Oak Brook Road
Oak Brook, IL 60523
ODEIJPART NUMBER
-TION--- ----
DESCRIPTION
_ _ _—------
QTY,
UNIT COST
EXT. COST
CS-CENTERPOINT
Federal Signal Centerpoint SmartMsg Communications Server
Software, w/Cenlerpoint Dashboard
1.0
S1,000.00
$1,000,00
SFCO-VUP25
Federal Signal Commander Digital System Software Version
Upgrade. Current Version Release
1.0
52,000.00
$2,000.00
! CS-SMCLIFULL
Federal Signal Centerpoint 1 SmarlMsg Device License Upgrade
12.0
$65.00
X -USB -IO
Federal Signal 110 Option Hardware for Commander Software, USB
$780.00
Interface
1.0
$1,641.00
S1,641.00
SS2000-R
Federal Signal Digital Encoder Controller wIIP Interface, 19' Rack
1.0
53,560.00
$3,560.00
Mount, 120VAC
LABOR -SE
Labor, Systems Engineer. on-s!ta services io Install software
1.0
$2,000.00
S2,000.00
upgrade components on cityfurnished server pc as well as ail
related software configuration and system acceptance testing.
SUBTOTAL: $10,981.00
SALES TAX: S000
SHIPPING 8 HANDLING: 50.00
- --- -- _ _ _ _ _ _ TOTAL: $10,981.00
1 Up.R rkcwpl Jl yOJi V OCr aft i`CCe'Jla!ICa 111 erBllrS: (:Ual'rlpN:a!rUr'.S. aI�...r12 F:1lrY'rYrt,,, i••w :LW BC'.CCS Yp81CC M'rF11 w�L SC nYpp18J e1 :IW pCN,CY Wx., 1,51FC eLW C
'1 PnCP,)»rrr !tic.;( ep DBCi PURI PY Ex, C! rLrpin. NEin C1h. .'=.c
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PURCHASE ORDER MUST BE MADE OUT TO:
Braniff Communications. Inc.
4741 West 136a Street
Crestwood, Illinois 60418
USA
Voice: (708) 597-320D
Fax: (708) 597-3307
AUTHORIZEp SIGNATURE:.
Bre M=R'yb Pe itle 1 rs Jr Cortin nioib;iis, Inc.
TERMS OF SALE
111 AGREEMENT AND t IMITATIONS. TIM agrmvet haw's. Split" and lik, "y, -'a,, eoaoc xxh ra.CLI Id the Ica, afµood, r'Je gal 3
:kxnMd on um'nii ya.!;!, nrr stmt, cmnaa wf tM'Iran hath. mvJ F, Oodh.rd In, Fla of-J,ed yorubrn s.1dm, ooh any addiuvn ter mruimu of ,w'h wvm
mulaail' Placed NI to -;lung by Idle: and Bgvc Sellar objmM m Find .hall eon M hrvnd by am addilimul or daF&.,rt ,ensu. x'MUwr Winlai m mhrn i:c, in Buyer's
p.nliam ords or i., IF., m6,. , t'..mF crown linin U.) . to Sdi" at. sKcRie ill, aemN mo by Seller to union, Eacept as expmasly abed in the cies u•nuas, nv
mknve w Baa" x Purchase order m hoe, comra.muc k,n Ahm Ehin,'hill he t1i m ban.porse by nfenrec any ¢ n. apf,vuurg dans, The .1t,cenrvcl ,bdl
M for the bornfir 0Seger road Buyer Fad not fm the Mnef l o1-1 ether person Prmareat r,s of dal:nS. mode uwg, rad vNhal uyreensar, an odsced to a a'rni., sx etJ
his $I II., to an.len: Nor modify, add It, dome Pan, .11-11 or «Plain the ales aontmn, an 11 a., N binding I. Seller.
r) TUNIMATION OR MODIFICATION. The mi conoacf may be modified or ureahn d only upon Sellers written cooxcnf exc.p, ma: atrogmphs,
rd claaoai error are sobjeet to cmnc,ion by Seller .apo, Sethi xrirmn canmt. If Seller stun declmc m West it, a mrtrhwdon of she vles comms, in o Me -r w
,,., Ifuya, an the abOyi Ot coni., w,Me agr.o,m vRnna b> I01kr, shell my lammrnam charges W1,,J FF,..11ios, hod cwss ine.rwd m at, muJ:rc¢mr Of an,
FinaJa m oI IL, performmx•v orate .s„ice w as, Iu,h Iv: nnanarim, is a:ccpmA b) 5rlln iwItudiny bw ..ret housed m, carona ardiH.eafny of rawawls vu Iwed Or ml
m:kr limn supplier and do lures rcwlurg frvnt cosh dopa.Iiun. Plan. s muoeebk p.lh Vmx llb,undarµ IM fort,,,mg:.ry Innd. solnwomil t.a,,h and OF so. wc,
pwh,nc,d tea Or Friar wrush ............... hall ha ... ,p, sat paid !u; ret ;Ill by Pa.
(3)PRICFANDPAYMENT. Rita am aaDjccnu i+nrem by Sela hos un Selkrapria NelT.rta the Pirtle of shipper. in all noimmcra olne.Pecrbcd
dnpmem dao ., lore, ,kin 40 dayx Fort flaw of order. Unkx Otbeowin sfmi4hE an dM .IN c.roci m S,IIa'c applic t k Frim list price am F.O.B. Salk”, Furor rf
l-Pmaa. and fermi of paymea arc NET JB day, from IM dire of iavndc, If the Saks mmracr a for mon ,hon one ram or goods. rhe good' may M shipPol in a slack Ion
n in ninrol Ims a: the ditt at Solis. In ouch even, ecb asuch ddpreor [hall be paid fur sepamely and tai o., be reapnsiDk for ell rcan;wnaunn choice.
Shcn may reywre furl nr ro.^.tel paTlllrnt o: paymerv, gmomice m Walt: of sh ymm; wlx rani, in its op olon, the firsiFis l earWi:iun of Palma worth III. Minimum
galling Per rode is $2 1.01U.
(a) R ISK OF LOSS. The rick of less u! die grad, aI ant, Par. IMnaf shall pan m the Buyer upon delivery thereof by Sell. m the Farr se, Buyer shell have
., rc,Pmnihihv, for ao,,o in, rad e01.1i.. rf any eWro to f los ayainl%I. carer
(Si TAXES Prices dr not in, hod, woo. Dun, .hill pay 5d Is,. :.'admen w rM ,in of rM good., soy applgvble eacs,e set axe Or ofha Ia hawc,n
rkvgv:Ml rmpa+a' nP,m ;Ise eater pmduocrrn. Ifti r) nI m.w ofthe goads ordered w the eswm rei or imI fmbiddrn by law to be enllm:rd by Seller from Susn,.
whdha o, not Ma ehilaced a; the rine f,he sale, umkn valid esenni certificates acccpwhle m rhe n.mg authorities are contained ra Seller baro and dine of inroitt.
fol DELIVERY. Promise or dainty trent .cock . cubjsl to ,in, ask. Detrol} dales are not ytrarutued can are eslimaud on IM bass, of immediate
feet P; It, Se lkr of ell infarnmion to be For ishM by Bur: e, and flit, an. .1 rf dale}, direct O: mndi"ah recalling frcon ..... IrfbulN m by oimrwurea b,..d Sellat
,,,o, .uand Sellas fall in yv.d faith ends Iv" ro nor, "a'FIe .''oh,en' dm„ It I Amll rc, be My,!, rr Buye, to: any drouges a. a nauh It ury dehy coursed I,
corn: iamcd w by a emayro ce. beyond Selli ret msoble cannel.
11) DLDII('I IONS AND RETURNS Dedum.fic rill nm he honored Foku rmered hp • nodi, memmrdum Coed, dipped 1. he Payer may he rel awwd
w Seller for sada only upon ds Seller's Prior orate,, cont laoch coneruo M M J,e sok demon. of Seller) and In III :., sµeafiad by Selkr, indwlin, ...waling
".Hokin, In,j boulbuµ elints". Rap,.'moron all rot rI Ina. for moh ren.mM wad' rail adual r.eeipr IMat by Seller Agar. of 4lkr Fee a.. aulhorria m case,
111.7aced ca.a m to gram alb.cance, ter adjusanrwu with n,Pecr n lk Fi a east
(S) INSPECTION. Busar thell inBs: rhe ems,, immedma'ly nam the nceiy, aerrnf. All china far my alleged defeola in Seller's pedprmwnc, trader this
slim 11.1.1aLL enfeble tet II,upon ro.u"xhl....pe,:,an, mual he rWY'NIII at, writing and,[reiwd by Seller within emir, days of Ilnys ir.I" ofIM grgl:
O-larc m .w:G. anyaF.,II c wide.. -1 Ihinyauy Finita, :roll ro:.niu.m. wan, of es,: h claim and as nrc,txaFk aco,pure, of the gnmh by Buyer.
(d) LihI 1111) I, AItRAAI I Branlri Conammcmim;s, At, narte:Im soh Faro nod.. araoli h,Cd IF Braniff eo M free Win def ,1 in ,N:uerial eei
.1111 FMn
er nal mal m and
al ufor a m n
j of Iwo nets aPuyen om
III pits repiwenxni and one n labor Ruthe date of dFar Emoa
Aivery in ru r-putclao
D n , , nisi, .sear, Finial. du oW.n:..n of ckan,ff n mond m npnin, or :epUFir.g, , Braniff may .kis. any, Fanx at wrh proshml which. aha uaminaf it,., by
❑a,1f,'It•rM'dOW11,m..:itcecl cotta wnrtmalish, RraniOOill snvalcoarc fm my ri,which is delini tnnprn,d paned, an Rroc facile!,,
decpmtrcd uuhanzea coma., sai ac c,,riirrh.re..nnrmnnn'ad .a,h aenrinekn 1IFFols it&feet N mlrrul.Mor.11kinapsbip. l hi. wa"nmv sites., on......
noncoms. 1. 100 of .epauWen Fri lex craning acn,rc to ,M1e pnWlwr. or labor charges the mmhval and « .imullatke of ace rod¢L ono:f"t mance, slop roI
app)to nnnmmenw n .Mrranie>, nor n t.racnn..I h. Brand'. afar Ivor a .ep.a:e .arcual by mM nraginal aanvfacno.. Inch is, bon rot hmifed Ia. d sIntac eJ
raperc) hrthm.gxan:ng and .11I.F ar. rye toerc and hatmw,.. I his wnmaI, &,I .o rxnM m n.y call xhuh haw best..ubjecl w Flaw., mime. impropc"
rmaltumn IF, vMch ha, far e......A.ryumelj mnlnrmrmA. m, n. end.. x hmh nave PmMrnn r.lmag m,m-k, or mndd)ca"ion of env lacdlOy n0e. am. Braniff. filcibty or
awhmlad uvea.,, mr,., centeu. THERE ARE NO OTHFR WARRANI IES. EX PRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED T0, ANY IMPLIED
a'ARRANTIES OR MERCII.ANIAWLITY 09 FITNESS FOR .A RARWULAR PURPOSE IN NO EVENT SDALI. BR.ANIFF Dlf LIABLE I'l1R ANY LUSS OI
PROI'I'r5 OF AN1 IVDIRL('I OR LONSI.QULN I I AL DAMAGI I, AR `ONU UL'1 OI' AN\' SACH Uf FEC TS IV MAU RIAI.OR WORKMANSHIP
Gni REKICUIES AVD LIMITATIONS OF LI ABILIT)' W the nen; Setke is Jku ml ,e Irvin hruchedam' of d, nhl.µaek�. under the asks coao scr
s, helherol ..vnrry o, odnn,Fs, Sol las may rte,:I any de fuiiw good. actiI the nam of We Rrmnd., d and wat Seller's Man. aMccoamm ship =111 of Randa or
and pmahase pace IMmtofine P. d ba Stiffer Scher xhnll We, a refund of the ponhan llwn aI ars Wan, only "pan at "e ci W be µhand, by die Salk. If Sella',,
Ici are occurred It gaud, the Rodd will be reddi,and to S,IW, vanp.unon careful, in moorti ce wyh Sdk", TM nmcdks cnnwmcd:n this ono
IF, Prcowh, Pare%mph wmairvre the sok rtcomse agahut Seller for Meaeh affray Srllvl of hpco n rder dM aka tortio cl, whether of wmarw w mMn is. In no
e.m alfa,: Seller ba liable for mnst,wat id dhow, no, call Selki a Iiabiliry we any c1m. fu. .,I,dmr'4 ueldenul, vonryunaal m .Prod "eta i s anuvg uua of
nter
ntN —I], ars late' exnel ,Ia.r :Its nunnfonrvn. sok, Jdi,ery m se aof the p -I. Is.., IM Pweba`e Price of Ile g ad,. Sells, d
ioll ran M Iu0
blc he dc d"h.
iw-.'fort , ubbgalital end.: It.. —I- com.ul m+vltb.y dv 01 d,un
OF Iudtcsc11, fro,, wfhrnd :c by sOf God: act. of Ila a mlia
a.til iwhmir), p
war dei.). II I:anapovdarr: leek nl o..bu
. ,nab':,, ,'rn ma nMwrlab mcnonen;c, ledor
bor. ryannows',: other cu¢whca Mince Sellab maronDk
.unauLo m:ha s.miam , d:.ammo m the
01 t PAI CNTS Svlten shall hold Buyer harmkm. to the eawnr heron ...... ded, apamsl my nghiliil ebim of any thud peuun by way of inlrusgenMla of an)
linifst Saxe Icaem Pimm by arch glNrh Is. a"a of Salk" s own meofadwq has if Buyer lmnkMtl spxiGmknc m Sells, Bupe that bald Scikr Wailes, ocean: any
mi;utpanenr a etch an.. oI of .uugdun,e xiih .FUJI sReific.tim.s Seller's apeemee in than IM iessm w Auld Buys baeJax '611 Hol apply Id any
nmanR,nn^t J nr, of rbc o as g.d. nal wLam.d by 0.1 Seller a a pan Of a cadtci. on with tic wkJ:.real by Buya whin In ai n<m .M1e .
...1, nMnr.fulr.nl by Se1kI .m .n ury Iud Itself g, eonurvlc mlriMsecFa t and tarn use n enjolnN. Seller if rabk wimbm a nas.wbk tiro las aeewv fm Bayn am
cgb, it, eonwue Ili.,.oah geode. drhv b, o ac,Fa,. of lM anti., aa. by srcwng Fuc Do,, a l emse..,..be'... shall. a es own,apenn.,,"ha ne,we web'.1,
hob rurrannn:gd.a gaol. 1.1 modll) u,h wod, - IwI fM) Mame, .mm infrmglrg, m .." Flat ,,nun.1'Ile taa�o.ued "1.6 and Iek.nd and poralMac nrke threwlv.c
, d in, Uu,ce It,, nllnxmMc for an) Pseud of ecm.1 sac t1wrI.f Csctp; as I. lbe p..Fr.,h P.,,dW. Sale: rmkes as, o'mranry dO! the y.J, o ill be dchn,od foe W
mM ogbttul uL,. ofar, I J pcuun by way of mfring,men, or lis, like and Da)cr'a remedies wil M. liroiud no oleo' p"uvidW N rho panyraPF..
(12) ASiIIfNMFNT ANO DELEGATION. No right For Im..I Incas ski rohhwt aleall be acsicned by flyer wduaur Sellar's prior onto cnosem. vM etc
.kle"s,it at any or ....mo wed, w of ase Fe,..fa war of.., obb,m.c. by Buyv shall De nude wic Selia•, Prior writme .1 An, mmngaed assignmem oI
Iklaprion +bll M Grid and .:.It, ,m Remvn for all Fated., to,ht mad, in ttelb,min widm III. paragaPL NetNdh14acdlny the fdngoiug. if Buyer is an amhorcti
demTm¢ of are gond' for Seiler, that Scatter . Obligmlun and,, "".,h 4, 10 vM 11 baro( subjee, to all hmiurion or this salt roman. shall h ,,ted.: at @,
onipeal Pmcherc df the Rnnls Ii.nn Rater
11)i SEVERABILITY II an) 1 o. Prmrslrn conu.ned OF In, zalF, r.nuaa is J.Imed ar held iarolld by a em.n.l crmfmmnr IucWn:ion. ss,: F.
,kala;arm
a, fodingsidl relat,,,,[he.ah
dI;, o Co.,Co.,.III., re n, dan uo: t i,n nM:de oand ea,r
n 1` ar INSTAI.I.AT;O\ ho-wliainn.rall he'a,totter .,I... when in<,Foifkcliy Mwed on at, s,I-;Iomm.
I' 11 G)V FIi I A I, A aD LIM I f ATIO\5 I he forrnaann and pelf rAmce of lh, rales eenarc: shall ht govantd by the laws of be Sent, of ]thea.•
Iron d,hrwa Da Fiat Uror'sm Ca.mnere.al Codc it, adrted in Illicsi..+ uwd is these saindvd Mnm, de definition ennnlio el In slid Eritrea (lamrna.ir.
;r enaeul .bis row:.. Per hr ... 1 ar lhv,nk, oaeraa I,- I,, cur, meal nr -,.Fact-, emmmirrd beam n0,: be oromawed -.;thin orae n.1 ..R,. the rIthr orale, n
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, 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;
13. 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 F.mployei 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 -
(I)The Village, its officers, officials, employee,, 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 spectral limitations on the scope of
protection afforded to the Villageits 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)'Phe 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.
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 exceptafter 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 authorised 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.