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BGC Transfer Switch WorkVILLAGE OF OAK BROOK CONTRACT COR THE BUTLER GOVIMMENT CENTER TRANSFER SWITCH WORK Full Name orConbletor: Jesco Electric Company, Inc. ("Contractor") Principal Office Address: 131 Washington Road, Lake Forest, Illinois 60045 Contact Person: Bryant Jessen Telephone Number; (708) 267-0632 TO: Village of Oak Brook ("Village") 1200 Oak Brook Road Oak Brook, Illinois Attention: Jim Cox, tiformation'rechnology Director Conlruclor wammis real represents that Contractor has carefully examined the Work 55ite described below, and has reviewed and andnstood all documents inchedecl, referred to, or mentioned In this bound ,set of doraiments. I. Wm•8 A. Contract and Work. Contactor 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 Labor, Eguinnent. Materials and Supplies. Provide, perform, and complete, in the manner specified and described in this Contact, all necessary work, labor, services, transportation, equipment, materials, supplies, information, data, and other means and items necessary for the Butler Government Center Transfer Switch Work Project, as specified in Exhibit A attached hereto, at 1200 Oak Brook Road, Oak Brook, Illinois 6057.3 ("Blork .Slte"); 2. Pewits. The Village will furnish all permits, licenses, and other governmental approvals and authorizatimis necessary in connection therewith; 3. Insurance. Procure and hunish insurance certificates specified in this Contact; 4. Taxes. Pay all applicable federal, state, and local taxes; 5. Miscellaneous. Do all other things required of Contractor by this Contract; and 6, QAiality. Provide, perform, and complete all of (he foregoing fn 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, (o this Contract, and with the greatest economy, efficiency, and expedition consistent therewith, with only new, undamaged, mud 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 proposal dated May 27, 2015, attached hereto as Exhibit A. C. Responsibility for Dantage or Loss. Contractor proposes, and agrees, that Contactor shall be responsible and liable for, and shall promptly and without charge to Village repair or replace, any damage done to, and any toss o' injury suffered by, the Village, the Work, the Work Site, or other property of persons as a result of the Work. D. InsLectionlTestipg Reieetion. Village shall have the right to inspect all or any part of the Work and to reject aft or any Pat*( 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 ocorrect 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 Co tactor shall take in full payment for all Work and other matters set forth under Section I above, including overhead and profit; taxes, contributions, and prcmiums; and compensation to all subcontractors and suppliers, the compensation set forth below. A, SCHEDULE OF PRICES For providing, perfuming, and completing all Work, the total Contract Price of $5,580,00 TOTAL, CONTRACT PRICE (!it writing): Five Thousand Five Hundred and Eighty Dollars B. BASIS FOR DETERMINING 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 lax 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, C. TIME OF PAYMENT It is expressly understood and agreed that all payments shall be trade 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 Conn'acto's certification of the value of, and partial or final waivers of lien covering, all Work fu' which payment is then requested and Contracto's certification that all prior' payments have been property applied to the payment of reimbursement of the costs with respect to which they were paid. 3. Contract Time Contractor acknowledges and agrees that Contt'actor shall commence the Work within 15 dnpa' 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 Janutny 31, 2016 ("17me 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 ']'line of Performance; provided, however, that Contractor shall be responsible for completion of all Work within the Time of Perfovtance, 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 F,xhibi( 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 Contraclo''s liability for losses or damages under this Contract. The mininnum insurance coverages and limits (ha( 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 at -Ise, or be alleged to have arisen, out of or in connection with Contractors performance of, or failure to perform, the Work or any pmt (hereof, or any failure to meet the representations and warranties set forth in Section 6 of this Contract. D. Penalties. Contractor acknowledges and agrees thin 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 put thereof. 5. Firm Proposal All prices and other terms stated in this Contract are firm and shall not be subject to withdrawal, escalation, or change. 6. Contractor's 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 IR of this Contact; and shall be fit, sufficient, and suitable for the purposes expressed in, or reasonably inferred front, this Contract and the warranties expressed herein shall be in ncidition to any other warranties expressed or implied by law, which are hereby reserved unto the Village. B. Com liance 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 the Prevailing Wage Act, 820 ILCS 130/0.01 of seq. (in fartherance of which, a copy of Village's ordinance ascertaining the prevailing rate of wages, in effect as of the date of this Contact, has been attached as an Appendix Io this Conflict; 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 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. I'urther, 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. Contactor is not barred by law front contracting with the Village or with any other unit of stale or local government as a result of (i) a delinquency in the payment of any fax administered by the Illinois Department of Revenue unless Contractor is contesting, in accordance with (he procedures established by the appropriate Revenue Ac(, its liability for the tax or the annount of lax, as set forth in 65 ILCS 5/11-42,1-1; or (ii) a violation of either Section 33G-3 or Section 33E-4 of Article 33 of the Criminal Code of 1961, 720 II,CS 5/33E -I of seq. D. Qualified. Contractor has the requisite experience, ability, capital, facilities, plan(, organization, and staff to enable Contractor to perform the Work successfully and promptly and to commence and complete the Work within the Contac( Price and Contact Time set for above. 7. Actmon'Iedf:ements In submitting this Contract, Contractor acknowledges and agrees that: A, Reliance. 'file Village is relying on all warranties, representations, and statements made by Contactor in this Contact. B. Acceptance. If this Contact is accepted, Contactor shall be bound by each and every term, condition, or provision contained in this Contact. D. Remedies. Finch of the rights and reniedies reserved to the Village in this Conflict shall be cumulative and additional to any other or further remedies provided in law a' equity or in this Contact, B. Time. Time is of the essence fn the perl'm'mance 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. R 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 lily payment for, or use, possession, or acceptance of, the whole at, any part of the Work by tine Village; nor any extension of time granted by Pile Village; nor any delay by the Village in exercising any right under this Contract; nor may other let or omission of the Village shall constitute or be deemed to be an acceptance of any defective, damaged, or nonconforming Well(, nor operate to waive or otherwise diminish the effect of any representation or warranty made by Contactor; or of airy 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, agreennent, 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 Contact 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. L Assignment Neither this Contract, not tiny interest herein, shall be assigned or subcontracted, in whole or in part, by Contractor except upon the prior written consentofthe Village, J. Governink 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 or due to this Contract shall be in the Circuit Court for DuPage County, Illinois. IC Certified Payrolls. Contractor shall, in accordance with Section 5 of the Illinois Prevailing Wage Act, 820 ILCS 130/5, submit to the Village, on at monthly basis, a certified 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 be accompanied by a statement signed by the Contractor or subcontractor which cerlifles that: (1) such records are true and accurate; (2) the hourly rate paid is not less than the general prevailing rate of hourly wages required by the Prevailing Wage Ad; all(] (3) Contractor or subcontraclon' Is aware that filing a certified payroll that he or she knows to be false is a Class t3 misdemeanor. A general contractor may rely upon the certification of a lower tier subcontractor, provided that the general contactor 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: (1) 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 horns at a location within this State. L. Cqi._ icts of Interest. Contractor represents and certifies that, to tine 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 IN wrrNCSS WHEREOF the parties hereto have caused this Agreement to be executed, effective on u0r 016, V •. ATT B o e fn SS S Villa e Clerk AITEST: By: OFFICIAL SEAL J ELRAIIETN 0 JESSEN Notary Publft: • S1l" at 1011** My Commission Expires MU 12.2017 Contractor has any interest that would conflict in any manner or degree will) 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 tem 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. NI. Exhibits. if any conflict exists between this Contract and any exhibit attached heoto, the terms of this Contract shall prevail. Any conflict that exists between Exhibit A and Exhibit B, the terns of Exhibit B shall prevail. VILLAGE OF OAK BROOK, an Illinois municipal corporation JESCO E— TIC C1NC. By Its: d'L L \FI181'T A (PROPOSAL DATED AM Y 27, 201 S) JESCO ELECTRIC COMPANY, INC. 1.31 Washington Road, Lake Forest, IL 60045 Phone: (708) 267-0632 Mr. Darren Martens Village of Oak Brook 3003 Jorie Blvd. Oak Brook, Illinois 60523 RE: VILLAGE HALL MANUAL TRANSFER SWITCH WORK Dear Mr. Martens, May 27, 2015 VIA E-MAIL; dmartens@oak-brook,oig 2 -Pages Total Proposal 415-129 Please accept our proposal for the electrical work associated with the installation of new Manual Transfer Switches and Generator Tap Boxes. our proposal is based on our site visit on 10-22.15 and our verbal conversation as defined below; 1. All work is on straight time, Monday thru Friday, 7;00 am to 330 pm. 2. Shut down of the computer room power panel and feeder tle-in's will be on a Saturday. 3. Furnish and install (1) new 400 -amp rated 1.20-208 volt 3-phase 4 -wire Nema 3r generator tap box on the south side of the building. Custom built by Chicago Switchboard Co. 4. Furnish and Install (1) new 100 -amp rated 120.208 volt 3-phase 4 -wire nems 1 Non-fused Manual Transfer in the computer room. 5. Furnish and install (1) new 100 --amp rated 120.208 volt 3-phase 4 -wire feeder from the new tap box to the MTS switch. 6. De -energize and lock out —tag out the main breaker feeding the computer room power panel. 7. Rework the existing overhead power feeder for the computer room power panel. 8. Furnish and install (1) new splice box above the ceiling in the computer room. 9. Splice and extend the existing 100 -amp "utility power" feeder from the computer room panel to the new MTS switch. 10, At the completion of this work, provide training for the Village of Oak Brook staff on the connection procedure for the new Tap Box and MTS switch operation. 11. Remove (1) existing "pin and sleeve" outlet on the north side of the building and replace with a new Generator Tap Box rated 400 -amp rated 120-208v nema 3R. JESCO ELECTRIC COMPANY, INC. 131 Washington Road, Lake Forest, It 60045 Phone: (708)267.0632 Page 2. 11-10-15 Excluded IteML 1. Permits or fees, 2, Taxes. Terms: o payment upon completion. o Price contingent on work proceeding within 30 days of acceptance. a Proposal is void if not accepted within 30 days, 0 L5% service charge per month plus all fees for collection expenses. Totalfor all work----------------------------------------------------------------.-------------------------------..._ $5,580.00 Alternate Bid Furnish (2) Stiener Electric Generator Tap Boxes in lieu of the Chicago Switchboard co, custom made boxes. Add --• 7,300,00 Thank you for the opportunity to present this PioPosal. We look forward to working with you on this Project. Sincerely, Bryant Jessen Accepted: �_� _�- Date: EXHIBIT B (INSURANCE REQUIREAIF.NI S) INSURANCE: 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, 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.