BGC HVAC Unit AC-5 Condenser Coil Replacement Project VILLAGE OF OAK BROOK
CONTRACT FOR THE
BUTLER GOVERNMENT CENTER HVAC UNIT AC-5 CONDENSER COIL REPLACEMENT PROJECT
Full Name of Contractor: Dahme Mechanical Industries, Inc. ("Contractor")
Principal Office Address: 610 S.Arthur Avenue,Arlington Heights, Illinois 60005
Contact Person: Eric Simadis Telephone Number: 847-253-0341
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,
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 Butler efficiency, and expedition consistent
Government Center HVAC Unit AC-5 therewith, with only new, undamaged, and
Condenser Coil Replacement Project as first quality equipment, materials, and
specified in Exhibit A attached hereto, at the supplies.
Butler Government Center, 1200 Oak Brook
Road, Oak Brook, Illinois 60523 ("Work B. Performance Standards. Contractor
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 Estimate No. 1213-20, dated May 14, 2021, attached
permits, licenses, and other governmental 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. 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/Rejection. Village shall have
the right to inspect all or any part of the Work and to All payments may be subject to deduction or
reject all or any part of the Work that is, in Village's setoff by reason of any failure of Contractor to
judgment, defective or damaged or that in any way fails perform under this Contract. Each payment
to conform strictly to the requirements of this Contract shall include Contractor's certification of the
and the Village, without limiting its other rights or value of, and partial or final waivers of lien
remedies, may require correction or replacement at covering, all Work for which payment is then
Contractor's cost, perform or have performed all Work requested and Contractor's certification that all
necessary to complete or correct all or any part of the prior payments have been properly applied to
Work that is defective, damaged, or nonconforming and the payment or reimbursement of the costs with
charge Contractor with any excess cost incurred thereby, respect to which they were paid.
or cancel all or any part of any order or this Contract.
Work so rejected may be returned or held at Contractor's 3. Contract Time
expense and risk.
Contractor acknowledges and agrees that Contractor
2. Contract Price shall commence the Work within 15 days (weather
permitting) following the Village's acceptance of this
Contractor acknowledges and agrees that Contractor Contract provided Contractor shall have furnished to the
shall take in full payment for all Work and other matters Village all bonds and all insurance certificates specified
set forth under Section 1 above, including overhead and in this Contract ("Commencement Date"). Contractor
profit; taxes, contributions, and premiums; and further acknowledges and agrees that Contractor shall
compensation to all subcontractors and suppliers, the perform the Work diligently and continuously and shall
compensation set forth below. complete the Work not later than July 31, 2021 ("Time
of Performance"). The Village may modify the Time of
A. SCHEDULE OF PRICES Performance at any time upon 15 days prior written
notice to the Contractor. Delays caused by the Village
For providing, performing, and completing all shall extend the Time of Performance; provided,
Work, the total Contract Price of$22,700.00 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
employees of either Contractor or of the Village.
Twenty Two Thousand Seven Hundred Dollars
Only 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
taxes of every kind and nature applicable to B. Indemnification. Contractor acknowledges and
the Work are included in the Schedule of agrees that Contractor shall indemnify and save
Prices. harmless the Village its officers, officials, employees and
volunteers, against all damages, liability, claims, losses,
C. TIME OF PAYMENT and expenses (including attorneys' fee)that may arise, or
be alleged to have arisen, out of or in connection with
It is expressly understood and agreed that final Contractor's performance of, or failure to perform, the
payment shall be made upon completion of the Work or any part thereof, or any failure to meet the
work and final approval by the Village. 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
acknowledges and agrees that:
All prices and other terms stated in this Contract are
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
Contractor in this Contract.
6. Contractor's Representations and Warranties
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
time.
B. Compliance with Laws. The Work, and all of its
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 sem.; 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, possession, or
classes; any statutes prohibiting discrimination because 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 granted by the Village;
color, national origin, age, sex, or other prohibited 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 secl. 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.
L. Exhibits and Other Agreements. If any conflict exists
J. Certified Payrolls. Contractor shall, in between this Agreement and any exhibit attached hereto
accordance with Section 5 of the Illinois Prevailing Wage or any other Agreement between the parties relating to
Act, 820 ILCS 130/5, submit to the Village, on a monthly this transaction, the terms of this Agreement shall
basis, a certified payroll, if applicable. The certified prevail.
payroll shall consist of a complete copy of those records
required to be made and kept by the Prevailing Wage M. No Disclosure of Confidential Information by the
Act. The certified payroll shall be accompanied by a Consultant. The Consultant acknowledges that it
statement signed by the Contractor or subcontractor shall, in performing the Services for the Village under
which certifies that: (1) such records are true and this Agreement, have access, or be directly or
accurate; (2) the hourly rate paid is not less, if
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 municipal
have taus is Agree lent to be executed, corporation
oil effective o —12021.
ATTEST:
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Village Clerk
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EXHIBIT A
(ESTIMATE NO. 1213-20, dated May 14, 2021)
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DAHMS MEcmmcAL IKDusTRms, iNc.
610 S.ARTmm AVE.
ARLmGTOH$EIGHTS,IL 60005
847-259-0341 FAx 847-253-9501
Rich Henderson EST. NO: 1213-20
Village of Oak Brook
1200 Oak Brook Rd
Oak Brook, IL 60523 DATE: May 14, 2021
Re: AC-5 Condenser Replacement
Dear Mr. Henderson,
Dahme Mechanical Industries appreciates the opportunity to submit the following proposal for your
consideration and acceptance:
1. Recover refrigerant from condensing unit.
2. Disassemble unit and remove existing condenser coil for AC-5.
3. Furnish and install (1)OEM condenser coil for condenser 5.
4. Furnish and install necessary piping to connect new coil to existing connections in
condensing unit.
5. Pressure test system and evacuate to 500 microns or better.
6. Charge system with existing R-22 refrigerant.VOOB to provide any refrigerant needed to
top off system.
7. Start-up and verify proper operation of condensing unit.
Total Cost for This Work is: $22,700.00
Patching, Painting, Permits, and Asbestos removal not included.
Any alteration or deviation from the above specifications involving extra costs, will be executed only
upon written orders and will become an extra charge over and above the estimate. All agreements
contingent upon strikes,accidents or delays beyond our control.This proposal may be withdrawn by us
if not accepted within 30 days.
If you have any questions, please feel free to call me at (847) 253-0341. We appreciate the opportunity
to do business with you for years to come.
Sincerely,
, Customer's Acceptance:
Eric Simadis
Dahme Mechanical Industries Accepted by:
Date:
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
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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:Vll.
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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