Cell Tower Building Power Feeder, PD TV Mounting & Electric Service Project VILLAGE OF OAK BROOK
CONTRACT FOR THE
CELL TOWER BUILDING POWER FEEDER AND POLICE DEPARTMENT RECORDS AREA TELEVISION
MOUNTING AND 110 ELECTRIC SERVICE PROJECTS
Full Name of Contractor:Jesco Electric Company, Inc. ("Contractor")
Principal Office Address: 131 Washington Road, Lake Forest, Illinois 60045
Contact Person: Byrant Jessen, Owner Telephone Number:(708)267-0632
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
carefully examined the Work Site described below and
has reviewed and understood all documents included,
referred to,or mentioned in this bound set of documents.
1. Work
A. Contract and Work. Contractor acknowledges,
and agrees, that Contractor shall, at its sole cost and
expense, provide, perform, and complete, in the manner
specified and described, and upon the terms and 5. Miscellaneous. Do all other things required
conditions set forth, in this Contract, all of the following, of Contractor by this Contract;and
all of which is herein referred to as the"Work":
6. Quality. Provide, perform, and complete all
1. Labor, Equipment. Materials. and Supplies. of the foregoing in a proper and workmanlike
Provide, perform, and complete, in the manner, consistent with the standards of
manner specified and described in this recognized professional firms in performing
Contract, all necessary work, labor, services, Work of a similar nature, in full compliance
transportation, equipment, materials, with, and as required by or pursuant, to this
supplies, information, data, and other means Contract, and with the greatest economy,
and items necessary for the Cell Tower efficiency, and expedition consistent
Building Power Feeder Project, as specified therewith, with only new, undamaged, and
in Exhibit A attached hereto, and the Police first quality equipment, materials, and
Department Records Area Television supplies.
Mounting and 110 Electric Service Project,
at 1200 Oak Brook Road, Oak Brook, Illinois B. Performance Standards. Contractor
60523("Work Site"); acknowledges and agrees that all Work shall be fully
provided, performed, and completed in accordance with
2. Permits. The Village will furnish all the proposal date September 23, 2019, attached hereto as
permits. licenses, and other governmental Exhibit A.
approvals and authorizations necessary in
connection therewith; C. Responsibility for Damage or Loss. Contractor
proposes, and agrees, that Contractor shall be
3. Insurance. Procure and furnish insurance responsible and liable for, and shall promptly and
certificates specified in this Contract; without charge to Village repair or replace, any damage
done to, and any loss or injury suffered by, the Village,
4. Taxes. Pay all applicable federal, state, and the Work. the Work Site, or other property or persons as
local taxes; a result of the Work.
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D. Inspection/Testing/Reiection. Village shall have C. TIME OF PAYMENT
the right to inspect all or any part of the Work and to
reject all or any part of the Work that is, in Village's sole It is expressly understood and agreed that final
judgment, defective or damaged or that in any way fails payment shall be made upon completion of the
to conform strictly to the requirements of this Contract work and final approval by the Village.
and the Village, without limiting its other rights or
remedies, may require correction or replacement at All payments may be subject to deduction or
Contractor's cost, perform or have performed all Work setoff by reason of any failure of Contractor to
necessary to complete or correct all or any part of the perform under this Contract. Each payment
Work that is defective, damaged, or nonconforming and shall include Contractor's certification of the
charge Contractor with any excess cost incurred thereby, value of, and partial or final waivers of lien
or cancel all or any part of any order or this Contract. covering, all Work for which payment is then
Work so rejected may be returned or held at Contractor's requested and Contractor's certification that all
expense and risk. prior payments have been properly applied to
the payment or reimbursement of the costs with
2. Contract Price respect to which they were paid.
Contractor acknowledges and agrees that Contractor 3. Contract Time
shall take in full payment for all Work and other matters
set forth under Section 1 above, including overhead and Contractor acknowledges and agrees that Contractor
profit; taxes, contributions, and premiums; and shall commence the Work within 15 days (weather
compensation to all subcontractors and suppliers, the permitting) following the Village's acceptance of this
compensation set forth below. Contract.provided Contractor shall have furnished to the
Village all bonds and all insurance certificates specified
A. SCHEDULE OF PRICES in this Contract ("Commencement Date"). Contractor
further acknowledges and agrees that Contractor shall
For providing, performing, and completing all perform the Work diligently and continuously and shall
Work,the total Contract Price of$7,095.00 complete the Work not later than December 31, 2019
($6,850.00 for Cell Tower Building Power ("Time of Performance"). The Village may modify the
Feeder, and $745.00 for PD Records Time of Performance at any time upon 15 days prior
Television Mounting and 110 Electric written notice to the Contractor. Delays caused by the
Service) Village shall extend the Time of Performance; provided,
however, that. Contractor shall be responsible for
TOTAL CONTRACT PRICE(in writing): completion of all Work within the Time of Performance,
notwithstanding any strike or other work stoppage by
Seven Thousand and Ninety-Five Dollars Only employees of either Contractor or of the Village.
B. BASIS FOR DETERMINING PRICES 4. Financial Assurance
It is expressly understood and agreed that: A. Insurance. Contractor acknowledges and agrees
that Contractor shall provide certificates of insurance
1. All prices stated in the Schedule of Prices evidencing the minimum insurance coverages and limits
are firm and shall not be subject to set forth in Exhibit B within 10 days following the
escalation or change: Village's acceptance of this Contract. Such policies shall
be in form, and from companies, acceptable to the
2. The Village is not subject to state or local Village. The insurance coverages and limits set forth
sales, use, and excise taxes, that no such Exhibit B shall be deemed to be minimum coverages and
taxes are included in the Schedule of Prices, limits and shall not be construed in any way as a
and that all claim or right to claim any limitation on Contractor's duty to carry adequate
additional compensation by reason of the insurance or on Contractor's liability for losses or
payment of any such tax is hereby waived damages under this Contract. The minimum insurance
and released; coverages and limits that shall be maintained at all
times while providing, performing, or completing the
3. All other applicable federal, stats, and local Work are as set forth in Exhibit B.
taxes of every kind and nature applicable to
the Work are included in the Schedule of B. Indemnification. Contractor acknowledges and
Prices. 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 attorneys'fee)that may arise,or
be alleged to have arisen, out of or in connection with
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Contractor's performance of, or failure to perform, the Section 33E-4 of Article 33 of the Criminal Code of 1961,
Work or any part thereof, or any failure to meet the 720 ILCS 5/33E-1 et sec.
representations and warranties set forth in Section 6 of
this Contract.
D. Penalties. Contractor acknowledges and agrees D. Qualified. Contractor has the requisite
that Contractor shall be solely liable for any fines or civil experience, ability, capital, facilities, plant, organization.
penalties that are imposed by any governmental or and staff to enable Contractor to perform the Work
quasi-governmental agency or body that may arise, or be successfully and promptly and to commence and
alleged to have arisen, out of or in connection with complete the Work within the Contract Price and
Contractor's performance of, or failure to perform, the Contract Time set forth above.
Work or any part thereof.
7. Acknowledgements
5. Firm Proposal
In submitting this Contract, Contractor
All prices and other terms stated in this Contract are acknowledges and agrees that:
firm and shall not be subject to withdrawal, escalation,
or change. A. Reliance. The Village is relying on all
warranties, representations, and statements made by
6. Contractor's Representations and Warranties Contractor in this Contract.
In order to induce the Village to accept this Contract, B. Acceptance. If this Contract is accepted,
Contractor hereby represents and warrants as follows: Contractor shall be bound by each and every term,
condition,or provision contained in this Contract.
A. The Work. The Work, and all of its components,
shall strictly conform to the requirements of this C. Remedies. Each of the rights and remedies
Contract, including, without limitation, the performance reserved to the Village in this Contract shall be
standards set forth in Subsection 1B of this Contract; cumulative and additional to any other or further
and shall be fit, sufficient, and suitable for the purposes remedies provided in law or equity or in this Contract.
expressed in, or reasonably inferred from, this Contract
and the warranties expressed herein shall be in addition D. Time. Time is of the essence in the performance
to any other warranties expressed or implied by law, of all terms and provisions of this Contract and, except
which are hereby reserved unto the Village. where stated otherwise references in this Contract to
days shall be construed to refer to calendar days and
B. Compliance with Laws. The Work, and all of its time.
components, shall be provided,performed, and completed
in compliance with, and Contractor agrees to be bound E. No Waiver. No examination, inspection,
by, all applicable federal, state, and local laws, orders, investigation, test, measurement, review, determination,
rules, and regulations, as they may be modified or decision, certificate, or approval by the Village, whether
amended from time to time, including without limitation,. before or after the Village's acceptance of this Contract;
if applicable, the Prevailing Wage Act, 820 ILCS nor any information or data supplied by the Village,
130/0.01 et seg.; any other prevailing wage laws; any whether before or after the Village's acceptance of this
statutes requiring preference to laborers of specified Contract; nor any order by the Village for the payment of
classes; any statutes prohibiting discrimination because money; nor any payment for, or use, possession, or
of, or requiring affirmative action based on, race, creed, acceptance of, the whole or any part of the Work by the
color, national origin, age, sex, or other prohibited Village; nor any extension of time granted by the Village;
classification; and any statutes regarding safety or the nor any delay by the Village in exercising any right
performance of the Work. Further, Contractor shall under this Contract; nor any other act or omission of the
have a written sexual harassment policy in compliance Village shall constitute or be deemed to be an acceptance
with Section 2-105 of the Illinois Human Rights Act of any defective, damaged, or nonconforming Work, nor
during the course of the work. operate to waive or otherwise diminish the effect of any
representation or warranty made by Contractor; or of
C. Not Barred. Contractor is not barred by law any requirement or provision of this Contract; or of any
from contracting with the Village or with any other unit remedy. power,or right of the Village.
of state or local government as a result of (i) a
delinquency in the payment of any tax administered by F. Severability. It is hereby expressed to be the
the Illinois Department of Revenue unless Contractor is intent of the parties to this Contract that should any
contesting, in accordance with the procedures provision, covenant, agreement, or portion of this
established by the appropriate Revenue Act, its liability Contract or its application to any Person or property be
for the tax or the amount of tax, as set forth in 65 ILCS held invalid by a court of competent jurisdiction, the
5/11-42.1-1; or (ii) a violation of either Section 33E-3 or remaining provisions of this Contract and the validity,
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enforceability, and application to any Person or property K. Conflicts of Interest. Contractor represents and
shall not be impaired thereby, but the remaining certifies that,to the best of its knowledge, (1)no elected
provisions shall be interpreted, applied, and enforced so or appointed Village official, officer, employee, or agent
as to achieve, as near as may be, the purpose and intent has a personal financial interest in the business of the
of this Contract to the greatest extent permitted by Contractor or in this Agreement, or has personally
applicable law. received payment or other consideration for this
Agreement; (2) as of the date of this Agreement, neither
G. Amendments and Modifications. No amendment Contractor nor any person employed or associated with
or modification to this Contract shall be effective until it Contractor has any interest that would conflict in any
is reduced to writing and approved and executed by the manner or degree with the performance of the
corporate authorities of the parties in accordance with all obligations under this Agreement; and (3) neither
applicable statutory procedures. Contractor nor any person employed by or associated
with Contractor shall at any time during the term of this
H. Assignment. Neither this Contract, nor any Agreement obtain or acquire any interest that would
interest herein, shall be assigned or subcontracted, in conflict in any manner or degree with the performance of
whole or in part, by Contractor except upon the prior the obligations under this Agreement.
written consent of the Village.
L. Exhibits and Other Agreements. If any conflict exists
I. Governing Law: Venue. This Contract shall be between this Agreement and any exhibit attached hereto
governed by, construed and enforced in accordance with or any other Agreement between the parties relating to
the internal laws, but not the conflicts of laws rules, of this transaction, the terms of this Agreement shall
the State of Illinois. Venue for any action arising out of prevail.
or due to this Contract shall be in the Circuit Court for
DuPage County, Illinois. M. No Disclosure of Confidential Information by the
J. Certified Payrolls. Contractor shall, in Contractor. The Contractor acknowledges that it
accordance with Section 5 of the Illinois Prevailing Wage shall, in performing the Services for the Village under
Act, 820 ILCS 13015, submit to the Village, on a monthly this Agreement, have access, or be directly or
basis. a certified payroll, if applicable. The certified indirectly exposed, to Confidential Information. The
payroll shall consist of a complete copy of those records Contractor shall hold confidential all Confidential
required to be made and kept by the Prevailing Wage Information and shall not disclose or use such
Act. The certified payroll shall be accompanied by a Confidential Information without the express prior
statement signed by the Contractor or subcontractor written consent of the Village. The Contractor shall
which certifies that: (1) such records are true and use reasonable measures at least as strict as those the
accurate; (2) the hourly rate paid is not less, if Contractor uses to protect its own confidential
applicable, than the general prevailing rate of hourly information. Such measures shall include. without
wages required by the Prevailing Wage Act; and (3) limitation, requiring employees and subcontractors of
Contractor or subcontractor is aware that filing a the Contractor to execute a nondisclosure agreement
certified payroll that he or she knows to be false is a before obtaining access to Confidential Information.
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 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 hers deputies and
agents; and (ii) at all reasonable hours at a location
within this State.
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IN WITNESS WHEREOF the parties hereto VILLAGE OF OAK BROOK, an Illinois
have cause is Agreement to be executed, municipal corporation
effective on 2019.
ATTE
By: By:
Village.Clerk Village Manager
ATTEST:,
_
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EXHIBIT A
(PROPOSAL DATED SEPTEMBER 23, 2019)
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E co ELECTRIC COMPANY, INC,
13705 W Irma Lee Court,Suite 170 lake Forest,IL 60045
Phone:(847)235-3726 0(708)267.0632 C
September 23,2019
Mr.Jim Fox VIA E-MAIL: jfox@oak-brook.org
Village of Oak Brook 2-Pages Total
3003 Jorie Blvd. Proposal#19-744
Oak Brook,Illinois 60523
RE: CELL TOWER BUILDING POWER FEEDER
Dear Mr.Fox,
Please accept our proposal for the electrical work associated with the Cell Tower Power Feeder. Our
proposal is based on our site visit and our verbal conversation as defined below;
1. All work is on straight time. Monday thru Friday,7:00 am to 3:30 pm.
2. Furnish and install(1)new 3-pole 100-amp breaker in the main power panel of the maintenance
building electrical panel.
3. Furnish and install(1)new 100-amp 120-208-volt 3-phase 4-wire power feeder from the
maintenance building main power panel to the east wall of the shop.
4. Use the existing"spare"underground conduit between the east wall of the maintenance shop to the
Cell Tower building junction box.
5. Furnish and install(1)new 100-amp 120-208-volt 3-phase 4-wire power feeder from the junction
box inside the Cell Tower Building to the north wall of the Cell Tower main power panel.
6. Disconnect and cap off the existing 480-volt power feeder/disconnect and transformer that is
currently providing power to the Cell Tower Building as discussed.The equipment and power feeder
will remain in place for"future re-connections"if so needed.
7. A required shut down will be required for the installation of the new 100-amp breaker in the main
power panel. Estimated time for this work is 1-hour.
8. Use of the existing man-lift that is on-site to reach the ceiling level of the maintenance shop to
install the power feeder as needed.
Total price for the above scope of work------------------------------------------------------------------------$6,35500.0,0 (�
-7r®6 �
�-Ty � l
J SCO L18 :x.
13705 W Irma lee Court,Suite 170 Lake forest,ll 60085
Phone:J947)235-3726 0(708)267-0632 C
Paee 2. 9-23.19
Excluded Items:
Permits or fees.
Taxes.
Terms
a Payment upon completion.
• Price contingent on work proceeding within 30 days of acceptance.
• Proposal is void if not accepted within 30 days.
• 1.5%service charge per month plus all fees for collection expenses.
Thank you for the opportunity to present this proposal. We look forward to working with you on this
project.
Sincerely,
Bryant Jessen
� J
Accepted: _ ` bate:
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;
B. Automobile Liability (if applicable) - $1,000,000 combined single limit per accident for bodily injury and
property damage;
C. Worker's Compensation and Employer's Liability- Worker's Compensation limits as required by the Labor
Code of the State of Illinois and Employer's Liability limits of$1,000,000 per accident.
Any deductibles or self-insured retention must be declared to and approved by the Village. At the option of the
Village, either the insurer shall reduce or eliminate such deductible or self-insured retention as respects the
Village, its officers, officials, employees and volunteers; or the Insured shall procure a bond guaranteeing
payment of losses and related investigations, claim administration and defense expenses to the extent of such
deductible or self-insured retention.
The policies shall contain,or be endorsed to contain,the following provisions:
D. General Liability and Automobile Liability Coverage-
(1)The Village,its officers,officials,employees and volunteers are to be covered as additional insureds as
respects: liability arising out of activities performed by or on behalf of the Insured;premises owned,
occupied or used by the Insured. The coverage shall contain no special limitations on the scope of
protection afforded to the Village,its officers,officials,employees,volunteers,or agents.
(2)The Insured's insurance coverage shall be primary insurance as respects the Village, its officers,
officials, employees, volunteers and agents. Any insurance or self-insurance maintained by the
Village, its officers, officials, employees, volunteers or agents shall be in excess of the Insured's
insurance and shall not contribute with it.
(3)Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the
Village, its officers,officials,employees,volunteers or agents.
(4)The Insured's insurance shall apply separately to each covered party against whom claim is made or
suit is brought except with respect to the limits of the insurer's liability.
E. Worker's Compensation and Employer's Liability Coverage
The policy shall waive all rights of subrogation against the Village, its officers, officials, employees,
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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:VII.
Each Insured shall furnish the Village with certificates of insurance and with original endorsements effecting
coverage required by this provision. The certificate and endorsements for each insurance policy are to be signed
by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to
be on forms approved by the Village and shall be subject to approval by the Village Attorney before work
commences. The Village reserves the right to require complete,certified copies of all required insurance policies,
at any time.
Each insured shall include all subcontractors as insureds under its policies or shall furnish separate certificates
and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
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