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Library Backflow Unit Internal Check Valves Replacement Project VILLAGE OF OAK BROOK CONTRACT FOR THE LIBRARY BACKFLOW UNIT INTERNAL CHECK VALVES REPLACEMENT PROJECT Full Name of Contractor: RSD Fire Protection, Inc. ("Contractor") Principal Office Address: 737 South Cedar Road, New Lenox, Illinois 60451 Contact Person: Dennis Stanhibel Telephone Number: (815) 463-9985 TO: Village of Oak Brook ("Village") 1200 Oak Brook Road Oak Brook, Illinois Attention: Doug Patchin, Public Works 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, 5. Miscellaneous. Do all other things required and agrees, that Contractor shall, at its sole cost and of Contractor by this Contract; and expense, provide, perform, and complete, in the manner specified and described, and upon the terms and 6. Quality. Provide, perform, and complete all conditions set forth, in this Contract, all of the following, of the foregoing in a proper and workmanlike all of which is herein referred to as the"Work": manner, consistent with the standards of recognized professional firms in performing 1. Labor, Equipment, Materials, and Supplies. Work of a similar nature, in full compliance Provide, perform, and complete, in the with, and as required by or pursuant, to this manner specified and described in this Contract, and with the greatest economy, Contract, all necessary work, labor, services, efficiency, and expedition consistent transportation, equipment, materials, therewith, with only new, undamaged, and supplies, information, data, and other means first quality equipment, materials, and and items necessary for the Library supplies. Backflow Unit Internal Check Valves Replacement Project, as specified in Exhibit B. Performance Standards. Contractor A, attached hereto, at 600 Oak Brook Road, acknowledges and agrees that all Work shall be fully Oak Brook, Illinois 60523 ("Work Site"); provided, performed, and completed in accordance with the Quotation dated May 6, 2021, attached hereto as 2. Permits. The Village will furnish all Exhibit A. permits, licenses, and other governmental approvals and authorizations necessary in C. Responsibility for Damage or Loss. Contractor connection therewith; proposes, and agrees, that Contractor shall be responsible and liable for, and shall promptly and 3. Insurance. Procure and furnish insurance without charge to Village repair or replace, any damage certificates specified in this Contract; done to, and any loss or injury suffered by, the Village, the Work, the Work Site, or other property or persons as 4. Taxes. Pay all applicable federal, state, and a result of the Work. local taxes; 1 D. Inspection/Testing/Reiection. Village shall have All payments may be subject to deduction or the right to inspect all or any part of the Work and to setoff by reason of any failure of Contractor to reject all or any part of the Work that is, in Village's perform under this Contract. Each payment judgment, defective or damaged or that in any way fails shall include Contractor's certification of the to conform strictly to the requirements of this Contract value of, and partial or final waivers of lien and the Village, without limiting its other rights or covering, all Work for which payment is then remedies, may require correction or replacement at requested and Contractor's certification that all Contractor's cost, perform or have performed all Work prior payments have been properly applied to necessary to complete or correct all or any part of the the payment or reimbursement of the costs with Work that is defective, damaged, or nonconforming and respect to which they were paid. charge Contractor with any excess cost incurred thereby, or cancel all or any part of any order or this Contract. 3. Contract Time Work so rejected may be returned or held at Contractor's expense and risk. Contractor acknowledges and agrees that Contractor shall commence the Work within 15 days (weather 2. Contract Price permitting) following the Village's acceptance of this Contract provided Contractor shall have furnished to the Contractor acknowledges and agrees that Contractor Village all bonds and all insurance certificates specified shall take in full payment for all Work and other matters in this Contract ("Commencement Date"). Contractor set forth under Section 1 above, including overhead and further acknowledges and agrees that Contractor shall profit; taxes, contributions, and premiums; and perform the Work diligently and continuously and shall compensation to all subcontractors and suppliers, the complete the Work not later than August 31, 2021 compensation set forth below. ("Time of Performance"). The Village may modify the Time of Performance at any time upon 15 days prior A. SCHEDULE OF PRICES written notice to the Contractor. Delays caused by the Village shall extend the Time of Performance; provided, For providing, performing, and completing all however, that Contractor shall be responsible for Work, the total Contract Price of$1,280.00 completion of all Work within the Time of Performance, notwithstanding any strike or other work stoppage by TOTAL CONTRACT PRICE (in writing): employees of either Contractor or of the Village. One Thousand Two Hundred and Eighty Dollars 4. Financial Assurance Only A. Insurance. Contractor acknowledges and agrees B. BASIS FOR DETERMINING PRICES that Contractor shall provide certificates of insurance evidencing the minimum insurance coverages and limits It is expressly understood and agreed that: set forth in Exhibit B within 10 days following the Village's acceptance of this Contract. Such policies shall 1. All prices stated in the Schedule of Prices be in form, and from companies, acceptable to the are firm and shall not be subject to Village. The insurance coverages and limits set forth escalation or change; Exhibit B shall be deemed to be minimum coverages and limits and shall not be construed in any way as a 2. The Village is not subject to state or local limitation on Contractor's duty to carry adequate sales, use, and excise taxes, that no such insurance or on Contractor's liability for losses or taxes are included in the Schedule of Prices, damages under this Contract. The minimum insurance and that all claim or right to claim any coverages and limits that shall be maintained at all additional compensation by reason of the times while providing, performing, or completing the payment of any such tax is hereby waived Work are as set forth in Exhibit B. and released; 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 and save the Work are included in the Schedule of 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 final Work or any part thereof, or any failure to meet the payment shall be made upon completion of the representations and warranties set forth in Section 6 of work and final approval by the Village. this Contract. 2 C. Penalties. Contractor acknowledges and agrees successfully and promptly and to commence and that Contractor shall be solely liable for any fines or civil complete the Work within the Contract Price and penalties that are imposed by any governmental or Contract Time set forth above. quasi-governmental agency or body that may arise, or be alleged to have arisen, out of or in connection with 7. Acknowledgements Contractor's performance of, or failure to perform, the Work or any part thereof. In submitting this Contract, Contractor acknowledges and agrees that: 5. Firm Proposal A. Reliance. The Village is relying on all All prices and other terms stated in this Contract are warranties, representations, and statements made by firm and shall not be subject to withdrawal, escalation, Contractor in this Contract. or change. B. Acceptance. If this Contract is accepted, 6. Contractor's Representations and Warranties Contractor shall be bound by each and every term, condition, or provision contained in this Contract. In order to induce the Village to accept this Contract, Contractor hereby represents and warrants as follows: C. Remedies. Each of the rights and remedies reserved to the Village in this Contract shall be A. The Work. The Work, and all of its components, cumulative and additional to any other or further shall strictly conform to the requirements of this remedies provided in law or equity or in this Contract. Contract, including, without limitation, the performance standards set forth in Subsection 1B of this Contract; D. Time. Time is of the essence in the performance and shall be fit, sufficient, and suitable for the purposes of all terms and provisions of this Contract and, except expressed in, or reasonably inferred from, this Contract where stated otherwise references in this Contract to and the warranties expressed herein shall be in addition days shall be construed to refer to calendar days and to any other warranties expressed or implied by law, time. which are hereby reserved unto the Village. E. No Waiver. No examination, inspection, B. Compliance with Laws. The Work, and all of its investigation, test, measurement, review, determination, components, shall be provided, performed, and completed decision, certificate, or approval by the Village, whether in compliance with, and Contractor agrees to be bound before or after the Village's acceptance of this Contract; by, all applicable federal, state, and local laws, orders, nor any information or data supplied by the Village, rules, and regulations, as they may be modified or whether before or after the Village's acceptance of this amended from time to time, including without limitation, Contract; nor any order by the Village for the payment of if applicable, the Prevailing Wage Act, 820 ILCS money; nor any payment for, or use, possession, or 130/0.01 et seg.; any other prevailing wage laws; any acceptance of, the whole or any part of the Work by the statutes requiring preference to laborers of specified Village; nor any extension of time granted by the Village; classes; any statutes prohibiting discrimination because nor any delay by the Village in exercising any right of, or requiring affirmative action based on, race, creed, under this Contract; nor any other act or omission of the color, national origin, age, sex, or other prohibited Village shall constitute or be deemed to be an acceptance classification; and any statutes regarding safety or the of any defective, damaged, or nonconforming Work, nor performance of the Work. Further, Contractor shall operate to waive or otherwise diminish the effect of any have a written sexual harassment policy in compliance representation or warranty made by Contractor; or of with Section 2-105 of the Illinois Human Rights Act any requirement or provision of this Contract; or of any during the course of the work. remedy, power, or right of the Village. C. Not Barred. Contractor is not barred by law F. Severability. It is hereby expressed to be the from contracting with the Village or with any other unit intent of the parties to this Contract that should any of state or local government as a result of (i) a provision, covenant, agreement, or portion of this delinquency in the payment of any tax administered by Contract or its application to any Person or property be the Illinois Department of Revenue unless Contractor is held invalid by a court of competent jurisdiction, the contesting, in accordance with the procedures remaining provisions of this Contract and the validity, established by the appropriate Revenue Act, its liability enforceability, and application to any Person or property for the tax or the amount of tax, as set forth in 65 ILCS shall not be impaired thereby, but the remaining 5/11-42.1-1; or (ii) a violation of either Section 33E-3 or provisions shall be interpreted, applied, and enforced so Section 33E-4 of Article 33 of the Criminal Code of 1961, as to achieve, as near as may be, the purpose and intent 720 ILCS 5/33E-1 et sec. of this Contract to the greatest extent permitted by applicable law. D. Qualified. Contractor has the requisite experience, ability, capital, facilities, plant, organization, G. Amendments and Modifications. No amendment and staff to enable Contractor to perform the Work or modification to this Contract shall be effective until it 3 is 1•ecltlet-11 In 111'111116 allot 1111111.11%vil IIt11l Iax4'4•111„Il 11the k (,'I)Itnicip (/1 Jule-1VII) ('(inlrarlur rr•prr+enta and rUI•pnrilll'III it hl it-it It,,;(II Ihv I1110leM III n cim1111lre with nal e(•1I161'• that. 10 the begl of IIA knl►wledge. (1) rltt elerttrl it 1111111•llllll'141111ntmy Jill H•eduri'g fir iglpn1111411 \'IIIA(• IIf111•ial, employee (tr aorent haft a perkmijil fimitiv scl imer4H1 in the bu+inefirf of the It. Velther 'hi- I11111trilul, Iwo, 1111• C(PoOrm-li'1 nr Itl Alis Agreement. itr 1111• perwinally nurrest he►�+in, shall he assigned or guhconlrnrted. io received pnvmenl f,1• other ronllideralwn for thiel whole or 111 Hurl. by 1'untrllrl„1 excelll upon Iliv prulr Agreemenl. 121 ns of Iho (11114 of th'% Agreement, neither wriltcnconsertt 44,1114.Village Conlrarlor nor nny person empluvc•d or nosrix-islpd with C(mirnc140r hag any inti-reel that would rtinflirt in any L ;ot' r1S ►ilt6 + t�: \'I'Lt�t 1'lu+ Contract HIInII he manner or degree with the performance of the gov(+rlaed by, ronsh•ue,l and enforred in arcordlmre with obligations under this Agreement: and (3) neither tho internal laws, but not 1114 ronflim, of Incas rule., of Contractor now any person employed by or axwot•in(rd lh4 Statte of IllinniH. Venue for Irlly 11014011 arising nut of with Contractor ahnl)a1 anv time dunng the term of this or due In this Conti-no shall he in the Circuit Cpurl for Agreement obtain or acquire any interest that would Did'age County,Illinois. conflict in tiny manner or degree with the performance of the obligations under this Agreement. .1. Certified Payrolls-, Contractor shall, in accordance with Section 5 of the Illinois Prevailing\\'age L. Ex iibi s Ind t)ther A reements, If any conflict exists Ac•I. H2O ILLS 13015, submit to the Village. on a nt(n11111 his A`_ E between this Agreement and any exhibit Ilttarhed hereto basis, a certified payroll, if applicable. The certified or any other Agreement between the parties relating to p tvrull shall cmisist of n complete copy of those records thie transaction. the terms of this Agreement «hall required to he made and kept by the Prevailing \\'age prevail. Act. The certified paYroll -hall he accompanied be a stalvinow signed M• the Co11u•aclor or subeontracii” M. A(1 l)isclusur _�If tbttfidt�nti»1 Information by the which certifies than (I} su(h rorords are true and ('urtxictur. The Contractor acknowledges that it all-urate; (2) the hooch rule paid is 11401 les+, if shall, in performing the Services for the Village under applicable, than the general prevailing rate of hourly this Agreement, have access, or be directly or wages required 61• Ille Prevailing \\'agr Art: 411141 (3) Contractor (Ir subcontractor is aware that tiling al indirectly exposed. t40 ('onlidentia) Information. The certified payroll that he m• she knows to be false is a ('ontrac•t(ar shall hold confidential tall ('onfidential Class 14 misde�Ineanor. Ageneral runtrnck/1. may rely Information and shall not disclose or sae each upon 1114 certification of la lower tier subcontractor, Confidential Information without the express prior provided that 111v general cmnlraclm• d(tes not knowinglyWritten consent til' the Village. The Contractor shall rely upon a subcontrarlor's false certilicalion. Ippon two uHc reaaonalhle measures at least as strict as those the business day notice, Contractor and each subconinaclol. Contractor uses to protect its own confidential shall make available fnr inspection the records required information. Such measures shall include. without to 114 made and kelit by the Act: (i) to the Village, its limitation, requiring employees and subcontractors of officers and agents, and to the Direetor of the Illinois the Contractor to execute a nondisclosure .agreement Department of Labor and his or her deputies and .agents: before obtaining access to Confidential Information. .Ind (ii) at all reasonable hours ata location within this Slate. IN WITNESS WHEREOF the parries hrreto VILLAGE OF OAK BROOK. an Illinois have caused this ..Uret[l'�1+ 1 to be executed, municipal corporation 4flerl iv4 an _Ot---I 2021. AT'rFST: Village Clerk Village Manager -- RSD . By: By - Its:_� C_ �� - Its: 4 EXHIBIT A (QUOTATION dated May 6, 2021) 5 RSD Fire Protection, Inc. QUOTATION 737 S.Cedar Road New Lenox,IL 60451 Quote Number. OAKBROOK REPAIRS Quote Date: May 6, 2021 Page: 1 Voice: 815-463-9985 Fax: 815-463-9986 siziliggIN-111: 1l11! VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK,IL 60523 j OAK BROOK VILLAGE 5/20121 Net 15 Days FURNISH LABOR AND MATERIALS FOR THE REPLACEMENT OF INTERNAL CHECK VALVES ON AN AMES 5000SS BACKFLOW UNIT 1.00 LABOR AND MATERIALS, UNION 1,280.00 1,280.00 SERVICE TECHNICAN j INCLUDES:LABOR,MATERIALS,SALES TAX AND SHIPPING. � I It i i j I Subtotal 1,280.00 Sales Tax 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, volunteers and agents for losses arising from work performed by the insured for the Village. 6 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. 7