Reservoir A Pump Repair and Installation Project VILLAGE OF OAK BROOK
CONTRACT FOR THE
RESERVOIR A PUMP REPAIR AND INSTALLATION PROJECT
Full Name of Contractor:Xylem Water Solutions USA, Inc. ("Contractor'')
Principal Office Address: 9661 194th Street, Mokena, Illinois 60448
Contact Person:Jeff Garretson, Sales Representative Telephone Number: (708)781-0172
TO: Village of Oak Brook("Village")
1200 Oak Brook Road
Oak Brook,Illinois
Attention: Patrick Toland,Water Operator
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 5. Miscellaneous. Do all other things required
expense, provide, perform, and complete, in the manner of Contractor by this Contract;and
specified and described, and upon the terms and
conditions set forth, in this Contract, all of the following, 6. Qualit . Provide
all of which is herein referred to as the"Work": , Perform, and complete all
of the foregoing in a proper and workmanlike
1. Labor, Equipment Materials and Sup lies. manner, consistent with the standards of
recognized professional firms in performing
Provide, perform, and complete, in the Work of a similar nature, in full compliance
manner specified and described in this with, and as required by or pursuant, to this
Contract, all necessary work, labor, services, Contract, and with the greatest economy,
transportation, equipment, materials, efficiency,
supplies, information, data, and other means and expedition consistent
and items necessary for the Reservoir A therewith, with only new, undamaged, and
Pump Repair and Installation Project as first quality equipment, materials, and
� supplies.
specified in Exhibit A attached hereto, at the
1915 York Road, Oak Brook, Illinois 60523 B. Performance Standards. Contractor
("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 Quote #2020-CHI-0083, dated January 23, 2020,
permits, licenses, and other governmental attached hereto as Exhibit A.
approvals and authorizations necessary in
connection therewith; C. Responsibility for Damage or Loss. Contractor
proposes, and agrees, that Contractor shall be
3. Bonds and Insurance. Procure and furnish responsible and liable for, and shall promptly and
all bonds and all insurance certificates and without charge to Village repair or replace, any damage
policies of insurance specified in this done to, and any loss or injury suffered by, the Village,
Contract; the Work, the Work Site, or other property or persons as
4. Taxes. Pay all applicable federal, state, and a result of the Work.
localtaxes;
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D. Insnection/Testing/Rejection. Village shall have completion of the work and final approval by the
the right to inspect all or any part of the Work and to Village.
reject all or any part of the Work that is, in Village's All payments may be subject to deduction or
judgment, defective or damaged or that in any way fails setoff by reason of any failure of Contractor to
to conform strictly to the requirements of this Contract perform under this Contract. Each payment
and the Village, without limiting its other rights or shall include Contractor's certification of the
remedies, may require correction or replacement at value of, and partial or final waivers of lien
Contractor's cost, perform or have performed all Work covering, all Work for which payment is then
necessary to complete or correct all or any part of the requested and Contractor's certification that all
Work that is defective, damaged, or nonconforming and prior payments have been properly applied to
charge Contractor with any excess cost incurred thereby, the payment or reimbursement of the costs with
or cancel all or any part of any order or this Contract. respect to which they were paid.
Work so rejected may be returned or held at Contractor's
expense and risk. 3. Contract Time
2. Contract Price Contractor acknowledges and agrees that Contractor
shall commence the Work within 15 days (weather
Contractor acknowledges and agrees that Contractor permitting) following the Village's acceptance of this
shall take in full payment for all Work and other matters Contract provided Contractor shall have furnished to the
set forth under Section 1 above, including overhead and Village all bonds and all insurance certificates specified
profit; taxes, contributions, and premiums; and in this Contract ("Commencement Date"). Contractor
compensation to all subcontractors and suppliers, the further acknowledges and agrees that Contractor shall
compensation set forth below. perform the Work diligently and continuously and shall
complete the Work not later than April 30, 2020("Time
A. SCHEDULE OF PRICES of Performance"). The Village may modify the Time of
Performance at any time upon 15 days prior written
For providing, performing, and completing all notice to the Contractor. Delays caused by the Village
Work, the Not-To-Exceed Contract Price of shall extend the Time of Performance; provided,
$6,905.78 however, that Contractor shall be responsible for
completion of all Work within the Time of Performance,
TOTAL CONTRACT PRICE(in writing): notwithstanding any strike or other work stoppage by
Six Thousand Nine Hundred and Five Dollars employees of either Contractor or of the Village.
and Seventy-Eight Cents 4. Financial Assurance
B. BASIS FOR DETERMINING PRICES A. Insurance. Contractor acknowledges and agrees
that Contractor shall provide certificates of insurance
It is expressly understood and agreed that: evidencing the minimum insurance coverages and limits
set forth in Exhibit B within 10 days following the
1. All prices stated in the Schedule of Prices Village's acceptance of this Contract. Such policies shall
are firm and shall not be subject to be in form, and from companies, acceptable to the
escalation or change; Village. The insurance coverages and limits set forth
Exhibit B shall be deemed to be minimum coverages and
2. The Village is not subject to state or local limits and shall not be construed in any way as a
sales, use, and excise taxes, that no such limitation on Contractor's duty to carry adequate
taxes are included in the Schedule of Prices, insurance or on Contractor's liability for losses or
and that all claim or right to claim any damages under this Contract. The minimum insurance
additional compensation by reason of the coverages and limits that shall be maintained at all
payment of any such tax is hereby waived times while providing, performing, or completing the
and released; Work are as set forth in Exhibit B.
3. All other applicable federal, state, and local B. Indemnification. Contractor acknowledges and
taxes of every kind and nature applicable to agrees that Contractor shall indemnify
the Work are included in the Schedule of and save
harmless the Village its officers, officials, employees and
Prices. volunteers, against all damages, liability, claims, losses,
and expenses(including attorneys'fee)that may arise,or
C. TIME OF PAYMENT be alleged to have arisen, out of or in connection with
Contractor's performance of, or failure to perform, the
It is expressly understood and agreed that any Work or any part thereof, or any failure to meet the
final payments shall only be made upon representations and warranties set forth in Section 6 of
this Contract.
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D. Qualified. Contractor has the requisite
C. Penalties. Contractor acknowledges and agrees experience, ability, capital, facilities, plant, organization,
that Contractor shall be solely liable for any fines or civil and staff to enable Contractor to perform the Work
penalties that are imposed by any governmental or successfully and promptly and to commence and
quasi-governmental agency or body that may arise, or be complete the Work within the Contract Price and
alleged to have arisen, out of or in connection with Contract Time set forth above.
Contractor's performance of, or failure to perform, the
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, A. Reliance. The Village is relying on all
or change. warranties, representations, and statements made by
6. Contractor's Representations and Warranties Contractor in this Contract.
B. Acceptance. If this Contract is accepted,
In order to induce the Village to accept this Contract, Contractor shall be bound by each and every term,
Contractor hereby represents and warrants as follows: condition, or provision contained in this Contract.
A. The Work. The Work, and all of its components, C. Remedies. Each of the rights and remedies
shall strictly conform to the requirements of this reserved to the Village in this Contract shall be
Contract, including, without limitation, the performance cumulative and additional to any other or further
standards set forth in Subsection 1B of this Contract; remedies provided in law or equity or in this Contract.
and shall be fit, sufficient, and suitable for the purposes
expressed in, or reasonably inferred from, this Contract D. Time. Time is of the essence in the performance
and the warranties expressed herein shall be in addition of all terms and provisions of this Contract and, except
to any other warranties expressed or implied by law, where stated otherwise references in this Contract to
which are hereby reserved unto the Village. 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 E. No Waiver. No examination, inspection,
in compliance with, and Contractor agrees to be bound investigation, test, measurement, review, determination,
by, all applicable federal, state, and local laws, orders, decision, certificate, or approval by the Village, whether
rules, and regulations, as they may be modified or before or after the Village's acceptance of this Contract;
amended from time to time, including without limitation, nor any information or data supplied by the Village,
if applicable, the Prevailing Wage Act, 820 ILCS whether before or after the Village's acceptance of this
130/0.01 et seg.; any other prevailing wage laws; any Contract; nor any order by the Village for the payment of
statutes requiring preference to laborers of specified money; nor any payment for or use
classes; any statutes prohibiting discrimination because possession, or
acceptance of, the whole or any part of the Work by the
of, or requiring affirmative action based on, race, creed, Village; nor any extension of time
color, national origin, age, sex, or other prohibited granted by the Village;
P nor any delay by the Village in exercising any right
classification; and any statutes regarding safety or the under this Contract; nor any other act or omission of the
performance of the Work. Further, Contractor shall Village shall constitute or be deemed to be an acceptance
have a written sexual harassment policy in compliance of any defective, damaged, or nonconforming Work, nor
with Section 2-105 of the Illinois Human Rights Act operate to waive or otherwise diminish the effect of any
during the course of the work. representation or warranty made by Contractor; or of
any requirement or provision of this Contract; or of any
C. Not Barred. Contractor is not barred by law remedy,power,or right of the Village.
from contracting with the Village or with any other unit
of state or local government as a result of (i) a F. Severability. It is hereby expressed to be the
delinquency in the payment of any tax administered by intent of the parties to this Contract that should any
the Illinois Department of Revenue unless Contractor is provision, covenant, agreement, or portion of this
contesting, in accordance with the procedures Contract or its application to any Person or property be
established by the appropriate Revenue Act, its liability held invalid by a court of competent jurisdiction, the
for the tax or the amount of tax, as set forth in 65 ILCS remaining provisions of this Contract and the validity,
5/11-42.1-1; or (ii) a violation of either Section 33E-3 or enforceability, and application to any Person or property
Section 33E-4 of Article 33 of the Criminal Code of 1961, shall not be impaired thereby, but the remaining
720 ILCS 5/33E-1 et seg. provisions shall be interpreted, applied, and enforced so
as to achieve, as near as may be, the purpose and intent
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of this Contract to the greatest extent permitted by agents; and (ii) at all reasonable hours at a location
applicable law. within this State.
G. Amendments and Modifications. No amendment K Conflicts of Interest. Contractor represents and
or modification to this Contract shall be effective until it certifies that, to the best of its knowledge, (1) no elected
is reduced to writing and approved and executed by the or appointed Village official, employee or agent has a
corporate authorities of the parties in accordance with all personal financial interest in the business of the
applicable statutory procedures. Contractor or in this Agreement, or has personally
received payment or other consideration for this
H. Assignment. Neither this Contract, nor any Agreement; (2)as of the date of this Agreement, neither
interest herein, shall be assigned or subcontracted, in Contractor nor any person employed or associated with
whole or in part, by Contractor except upon the prior Contractor has any interest that would conflict in any
written consent of the Village. manner or degree with the performance of the
obligations under this Agreement; and (3) neither
I. Governing Law; Venue. This Contract shall be Contractor nor any person employed by or associated
governed by, construed and enforced in accordance with with Contractor shall at any time during the term of this
the internal laws, but not the conflicts of laws rules, of Agreement obtain or acquire any interest that would
the State of Illinois. Venue for any action arising out of conflict in any manner or degree with the performance of
or due to this Contract shall be in the Circuit Court for the obligations under this Agreement.
DuPage County, Illinois.
J. Certified Payrolls. Contractor shall, in L. Exhibits and Other Agreements. If any conflict exists
accordance with Section 5 of the Illinois Prevailing Wage between this Agreement and any exhibit attached hereto
Act, 820 ILCS 130/5, submit to the Village, on a monthly or any other Agreement between the parties relating to
basis, a certifiedpayroll, if applicable. The certified this transaction, the terms of this Agreement shall
revail.
payroll shall consist of a complete copy of those records p
required to be made and kept by the Prevailing Wage
Act. The certified payroll shall be accompanied by a M. No Disclosure of Confidential Information by the
statement signed by the Contractor or subcontractor Consultant. The Consultant acknowledges that it
which certifies that: (1) such records are true and shall, in performing the Services for the Village under
accurate; (2) the hourly rate paid is not less, if this Agreement, have access, or be directly or
applicable, than the general prevailing rate of hourly indirectly exposed, to Confidential Information. The
wages required by the Prevailing Wage Act; and (3) Consultant shall hold confidential all Confidential
Contractor or subcontractor is aware that filing a Information and shall not disclose or use such
certified payroll that he or she knows to be false is a Confidential Information without the express prior
Class B misdemeanor. A general contractor may rely written consent of the Village. The Consultant shall
upon the certification of a lower tier subcontractor, use reasonable measures at least as strict as those the
provided that the general contractor does not knowingly Consultant uses to protect its own confidential
rely upon a subcontractor's false certification. Upon two information. Such measures shall include, without
business days' notice, Contractor and each subcontractor limitation, requiring employees and subcontractors of
shall make available for inspection the records required the Consultant to execute a non-disclosure agreement
to be made and kept by the Act: (i) to the Village, its before obtaining access to Confidential Information.
officers and agents, and to the Director of the Illinois
Department of Labor and his or hers deputies and
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IN WITNESS WHEREOF the parties hereto VILLAGE OF OAK BROOK;, an Illinois
have c4use
A thie Agreement to be executed, munioipal corporation
effective O ,,2020.
Village Clerk Villagle Manager
ATTE XYLEM WATER SOLUTIONS USA,INC.
SYS '
li
EXHIBIT A
(QUOTE#2020-CHI-0083 DATED JANUARY 23, 2020)
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xylem xylem Water Solutions USA, Inc.
Flygt Products
January 23, 2020 9661 194th Street
Mokena, IL 60448
Village of Oak Brook Tel(708)342-0484
1200 Oak Brook Rd Fax(708) 342-0491
Oak Brook, IL
60523
Quote#2020-CHI-0083
Re: Oak Brook-AC 8100, Model 200 Repair- SN 0525969-01
Attn: Patrick Toland
Hello Patrick,
Xylem Water Solutions USA, Inc. is pleased to provide a quote for the following service.
Regarding pump:
AC 8100,Model 200
Serial No.0525969-01
ID no.2500651-1-2/ QF7059
6x4xl2xL
Year: 11/03
We have evaluated the pump with the following findings:
• There is bearing failure causing excess play in wet end and also causing wearing
of impeller and casting rings, and causing mechanical seal to ride on the shaft
sleeve and shaft nut.
• The shaft is damaged from the bearing failure.
• There is a .080 gap in wear rings and impeller.
Proposal:
• We propose replacing the noted rotating assembly parts below.
• We will clean up the housing.
• We will machine the impeller and shaft, to clean up any wear, as they are in good
shape and do not need to be replaced
• The quotation below includes services already provided in retrieving the pump.
• The quotation also includes the return of the pump for installation and successful
startup by 2 of our field technicians.
Delivery:
• Lead time on the parts range from 2 -6 weeks from time of order.
• Additional 1 week required for repair.
Page 1 of 4
WZVOW
a xylem brand
• Delivery and install to be scheduled at a time fitting with your schedule upon
completion of repair.
WO F:
vi Rs _ t
y
Qty Description
2 Type 1 EPT/Carbon-Ceramic Seal (Up to 425PS1)
2 Shaft Sleeve Lock Pin
1 Casing Gasket-Suct.
1 Casing Gasket Disch
2 Casing Ring Assembly
2 Shaft Sleeve
2 Shaft Nut
1 Bearing (Inb)
1 Bearing (Outb.)
2 Lip Seal
2 Set Collar
1 Lockwasher, Brg
6 Shaft Nut Setscrew
1 Impeller Key
1 Coupling Key
2 Stuff Box-O-Ring
2 Casing Ring -O-Ring
2 Sleeve, O-Ring
AW1141w
Qty Description
2 Field techs for total 10 hours to extract pump and grease remaining pumps.
10 LABOR,MOBILE FLYGT,NOTAX Z5-TP MODELS: 3000,7000,8000
2 hours for strip& inspect/Estimated 8 hours repair
10 LABOR,SVC FLYGT,NO TAX Z2-TP MODELS: 3000,7000,8000
1 Machining of Shaft and Impeller, cleaning surfaces
2 Field techs estimated 8 hours to return, install, and startup pump.
16 LABOR,MOBILE FLYGT,NOTAX Z5-TP MODELS: 3000,7000,8000
Total Project Price E 6,905.78
This order is subject to the Standard Terms and Conditions of Sale—Xylem Americas effective on the
date the order is accepted which terms are available at http://www.xvleminc corn/en-us/Paces/terms
conditions-of-sale asp_and incorporated herein by reference and made a part of the agreement
between the parties.
Purchase Orders: Please make purchase orders out to: Xylem Water Solutions USA, Inc.
Freight Terms: 3 DAP- Delivered At Place 08-Jobsite (per IncoTerms 2010)
See Freight Payment(Delivery Terms)below.
Taxes: State, local and other applicable taxes are not included in this quotation.
:,LST Page 2 of 4
a xy(em brand
XM
BacYl�
es:
9 Buyer shall not make purchases nor shalt Buyer incur any labor that would result
in a back charge to Seller without prior written consent of an authorized employee
of Seller.
Shortages: Xylem will not be responsible for apparent shipment shortages or damages
incurred in shipment that are not reported within two weeks from delivery to the
jobsite. Damages should be noted on the receiving slip and the truck driver
advised of the damages. Please contact our office as soon as possible to report
damages or shortages so that replacement items can be shipped and the
appropriate claims made.
Validity: This Quote is valid for thirty(60)days.
Terms of Delivery: PP/Add Order Position
Schedule: 7-8 weeks from time of order
Terms of Payment: 100% N60 after invoice date.
Xylem's payment shall not be dependent upon Purchaser being paid by any third
party unless Owner denies payment due to reasons solely attributable to items
related to the equipment being provided by FLYGT.
Thank you for the opportunity to provide this quotation. Please contact us if there are any questions.
Sincerely,
Jeff Garretson Eugenia Garza
Sales Representative Inside Sales Engineer
Phone: (708) 781-0172 Phone: 708-251-3241
Cell: (312)343-6511 Cell: 331-214-1477
jeff.garretson@xyleminc.com eugenia.garza@xyleminc.com
vm;Y T Page 3 of 4
a xylem brand
This order is subject to the Standard Terms and
date the ordConditions of Sale—Xylem Americas effective on the
er is accepted which terms are available at I1ttD://www.xvleminc com/en-us/PA9Egqqr[mMsL-
between
aspx and incorporated herein by reference and made a part of the agreement
between the parties.
A signed copy of this Quote is acceptable as a binding contract.
Purchase Orders: Please make purchase orders out to: Xylem Water Solutions USA, Inc.
Quote M 2020-CHI-0083
Customer Name: Village of Oak Brook
Job Name: SN 0525969-01
Total Amount: $6,905.78
(excluding freight)
Signature:
Address:
I+'LY�T Page 4 of 4
a xylem brand
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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