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Golf Clubhouse Pump Stat. Elec. Power Circuits Install. Proj. VILLAGE OF OAK BROOK CONTRACT FOR THE GOLF CLUBHOUSE PUMP STATION ELECTRICAL POWER CIRCUITS INSTALLATION PROJECT Full Name of Contractor: Jesco Electric Company, Inc. ("Contractor") Principal Office Address: 13705 West Irma Court, Suite 170, Lake Forest, Illinois, 60045 Contact Person:Bryant Jessen, Owner Telephone Number: (847)235-3726 TO: Village of Oak Brook("Village") 1200 Oak Brook Road Oak Brook, Illinois Attention: Rick Valent, Public Works Director Contractor warrants and represents that Contractor has carefully examined the Work Sites described below and has reviewed and understood all documents included, referred to, or mentioned in this bound set of documents. 1. Work 5. Miscellaneous. Do all other things required A. Contract and Work. Contractor acknowledges, of Contractor by this Contract; and and agrees, that Contractor shall, at its sole cost and expense, provide, perform, and complete, in the manner 6. Qualit . Provide, perform, and complete all specified and described, and upon the terms and of the foregoing in a proper and workmanlike conditions set forth, in this Contract, all of the following, manner, consistent with the standards of all of which is herein referred to as the"Work": recognized professional firms in performing Work of a similar nature, in full compliance 1. Labor Equipment, Materials, and Supplies. with, and as required by or pursuant, to this Provide, perform, and complete, in the Contract, and with the greatest economy, manner specified and described in this efficiency, and expedition consistent Contract, all necessary work, labor, services, therewith, with only new, undamaged, and transportation, equipment, materials, first quality equipment, materials, and supplies, information, data, and other means supplies. and items necessary for the Golf Clubhouse Pump Station Electrical Power Circuits B. Performance Standards. Contractor Installation Project, as specified in Exhibit acknowledges and agrees that all Work shall be fully A, attached hereto, located 2606 York Road, provided, performed, and completed in accordance with Oak Brook, Illinois 60523 ("Work Site"); the Proposal #22-973, dated September 28, 2022, attached hereto as Exhibit A. In the event the quality of 2. Permits. The Village will furnish all service becomes unacceptable, the Village reserves the permits, licenses, and other governmental right to cancel the contract after giving thirty (30) day approvals and authorizations necessary in written notice. connection therewith; C. Responsibility for Damage or Loss. Contractor 3. Bonds and Insurance. Procure and furnish proposes, and agrees, that Contractor shall be all bonds and all insurance certificates and responsible and liable for, and shall promptly and policies of insurance specified in this without charge to Village repair or replace, any damage 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. InspectionlTestinWReiection. 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 Term 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 monthly payments for all Work and other in this Contract ("Commencement Date"). Contractor matters set forth under Section 1 above, including further acknowledges and agrees that Contractor shall overhead and profit; taxes, contributions, and premiums; perform the Work diligently and continuously and shall and compensation to all subcontractors and suppliers, complete the Work no later than December 31, 2022 the 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 Not-To-Exceed Contract Price of completion of all Work within the Time of Performance, $2,350.00 notwithstanding any strike or other work stoppage by employees of either Contractor or of the Village. TOTAL CONTRACT PRICE (in writing): 4. Financial Assurance Two Thousand Three Hundred and Fifty Dollars A. Bonds. If the total contract cost is $20,000.00 or more, the Contractor acknowledges and agrees that B. BASIS FOR DETERMINING PRICES Contractor shall provide a Performance Bond, on forms provided by, or otherwise acceptable to, the Village, from It is expressly understood and agreed that: a surety company acceptable to the Village, each in the penal sum of the Contract Price, within 10 days following 1. All prices stated in the Schedule of Prices the Village's acceptance of this Contract. are firm and shall not be subject to escalation or change; B. Insurance. Contractor acknowledges and agrees that Contractor shall provide certificates of insurance 2. The Village is not subject to state or local evidencing the minimum insurance coverages and limits sales, use, and excise taxes, that no such set forth in Exhibit B within 10 days following the taxes are included in the Schedule of Prices, Village's acceptance of this Contract. Such policies shall and that all claim or right to claim any be in form, and from companies, acceptable to the additional compensation by reason of the Village. The insurance coverages and limits set forth payment of any such tax is hereby waived Exhibit B shall be deemed to be minimum coverages and and released; limits and shall not be construed in any way as a limitation on Contractor's duty to carry adequate 3. All other applicable federal, state, and local insurance or on Contractor's liability for losses or taxes of every kind and nature applicable to damages under this Contract. The minimum insurance the Work are included in the Schedule of coverages and limits that shall be maintained at all Prices. times while providing, performing, or completing the Work are as set forth in Exhibit B. C. TIME OF PAYMENT C. Indemnification. Contractor acknowledges and It is expressly understood and agreed that the agrees that Contractor shall indemnify and save Village shall only make any final payments upon harmless the Village, its officers, officials, employees and completion of the work and final approval. volunteers, against all damages, liability, claims, losses, 2 and expenses (including reasonable attorneys' fee) that for the tax or the amount of tax, as set forth in 65 ILCS may arise, or be alleged to have arisen, out of 5/11-42.1-1; or (ii) a violation of either Section 33E-3 or Contractor's performance of, or failure to perform, the Section 33E-4 of Article 33 of the Criminal Code of 1961, Work or any part thereof, or any failure to meet the 720 ILCS 5/33E-1 et seg. representations and warranties set forth in Section 6 of this Contract. D. Qualified. Contractor has the requisite experience, ability, capital, facilities, plant, organization, D. Penalties. Contractor acknowledges and agrees and staff to enable Contractor to perform the Work that Contractor shall be solely liable for any fines or civil successfully and promptly and to commence and penalties that are imposed by any governmental or complete the Work within the Contract Price and quasi-governmental agency or body that may arise, or be Contract Time set forth above. alleged to have arisen, out of or in connection with Contractor's performance of, or failure to perform, the 7. Acknowledgements Work or any part thereof. In submitting this Contract, Contractor 5. Firm Proposal acknowledges and agrees that: All prices and other terms stated in this Contract are A. Reliance. The Village is relying on all firm and shall not be subject to withdrawal, escalation, warranties, representations, and statements made by or change. Contractor in this Contract. 6. Contractor's Representations and Warranties B. Acceptance. If this Contract is accepted, Contractor shall be bound by each and every term, In order to induce the Village to accept this Contract, condition, or provision contained in this Contract. Contractor hereby represents and warrants as follows: C. Remedies. Each of the rights and remedies A. The Work. The Work, and all of its components, reserved to the Village in this Contract shall be shall strictly conform to the requirements of this cumulative and additional to any other or further Contract, including, without limitation, the performance remedies provided in law or equity or in this Contract. standards set forth in Subsection 1B of this Contract; and shall be fit, sufficient, and suitable for the purposes D. Time. Time is of the essence in the performance expressed in, or reasonably inferred from, this Contract of all terms and provisions of this Contract and, except and the warranties expressed herein shall be in addition where stated otherwise references in this Contract to to any other warranties expressed or implied by law, days shall be construed to refer to calendar days and which are hereby reserved unto the Village. time. B. Compliance with Laws. The Work, and all of its E. No Waiver. No examination, inspection, components, shall be provided, performed, and completed investigation, test, measurement, review, determination, in compliance with, and Contractor agrees to be bound decision, certificate, or approval by the Village, whether by, all applicable federal, state, and local laws, orders, before or after the Village's acceptance of this Contract; rules, and regulations, as they may be modified or nor any information or data supplied by the Village, amended from time to time, including without limitation, whether before or after the Village's acceptance of this if applicable, the Prevailing Wage Act, 820 ILCS Contract; nor any order by the Village for the payment of 130/0.01 et seg.; any other prevailing wage laws; any money; nor any payment for, or use, possession, or statutes requiring preference to laborers of specified acceptance of, the whole or any part of the Work by the classes; any statutes prohibiting discrimination because Village; nor any extension of time granted by the Village; of, or requiring affirmative action based on, race, creed, nor any delay by the Village in exercising any right color, national origin, age, sex, or other prohibited under this Contract; nor any other act or omission of the classification; and any statutes regarding safety or the Village shall constitute or be deemed to be an acceptance performance of the Work. Further, Contractor shall of any defective, damaged, or nonconforming Work, nor have a written sexual harassment policy in compliance operate to waive or otherwise diminish the effect of any with Section 2-105 of the Illinois Human Rights Act representation or warranty made by Contractor; or of during the course of the work. any requirement or provision of this Contract; or of any remedy, power, or right of the Village. C. Not Barred. Contractor is not barred by law from contracting with the Village or with any other unit F. Severability. It is hereby expressed to be the of state or local government as a result of (i) a intent of the parties to this Contract that should any delinquency in the payment of any tax administered by provision, covenant, agreement, or portion of this the Illinois Department of Revenue unless Contractor is Contract or its application to any Person or property be contesting, in accordance with the procedures held invalid by a court of competent jurisdiction, the established by the appropriate Revenue Act, its liability remaining provisions of this Contract and the validity, 3 enforceability, and application to any Person or property applicable rate of prevailing of wages, as found or shall not be impaired thereby, but the remaining ascertained by the Department of Labor and made provisions shall be interpreted, applied, and enforced so available on the Department's Official website, or as to achieve, as near as may be, the purpose and intent determined by the court on review, shall be paid for each of this Contract to the greatest extent permitted by craft or type of worker needed to execute this contract or applicable law. to perform such work, and it shall be mandatory upon the contractor to whom the contract is awarded and upon G. Amendments and Modifications. No amendment any subcontractor under him, to pay not less than the or modification to this Contract shall be effective until it specified rates to all laborers, workers and mechanics is reduced to writing and approved and executed by the employed by them in the execution of this contract. corporate authorities of the parties in accordance with all applicable statutory procedures. L. Conflicts of Interest. Contractor represents and certifies that, to the best of its knowledge, (1) no elected H. Assienment. Neither this Contract, nor any or appointed Village official, employee or agent has a interest herein, shall be assigned or subcontracted, in personal financial interest in the business of the whole or in part, by Contractor except upon the prior Contractor or in this Agreement, or has personally written consent of the Village. received payment or other consideration for this Agreement; (2) as of the date of this Agreement, neither I. Governing Law; Venue. This Contract shall be Contractor nor any person employed or associated with governed by, construed and enforced in accordance with Contractor has any interest that would conflict in any the internal laws, but not the conflicts of laws rules, of manner or degree with the performance of the the State of Illinois. Venue for any action arising out of obligations under this Agreement; and (3) neither or due to this Contract shall be in the Circuit Court for Contractor nor any person employed by or associated DuPage County, Illinois. with Contractor shall at any time during the term of this Agreement obtain or acquire any interest that would J. Certified Payrolls. Contractor shall, in conflict in any manner or degree with the performance of accordance with Section 5 of the Illinois Prevailing Wage the obligations under this Agreement. Act, 820 ILCS 130/5, submit to the Village, and upon activation of the database provided by 820 ILCS 130/5.1 M. Exhibits and Other Agreements. If any conflict to the Department of Labor, on a monthly basis, a exists between this Agreement and any exhibit attached certified payroll. The certified payroll shall consist of a hereto or any other Agreement between the parties complete copy of those records required to be made and relating to this transaction, the terms of this Agreement kept by the Prevailing Wage Act. The certified payroll shall prevail. shall be accompanied by a statement signed by the Contractor or subcontractor which certifies that: (1) such N. No Disclosure of Confidential Information by records are true and accurate; (2) the hourly rate paid is the Consultant. The Consultant acknowledges that it not less than the general prevailing rate of hourly wages shall, in performing the Services for the Village under required by the Prevailing Wage Act; and (3) Contractor this Agreement, have access, or be directly or or subcontractor is aware that filing a certified payroll indirectly exposed, to Confidential Information. The that he or she knows to be false is a Class A Consultant shall hold confidential all Confidential misdemeanor. A general contractor may rely upon the certification of a lower tier subcontractor, provided that Information and shall not disclose or use such the general contractor does not knowingly rely upon a Confidential Information without the express prior subcontractors false certification. Upon seven business written consent of the Village. The Consultant shall days' notice, Contractor and each subcontractor shall use reasonable measures at least as strict as those the make available for inspection and copying at a location Consultant uses to protect its own confidential within this State during reasonable hours, the records information. Such measures shall include, without required to be made and kept by the Act to: (i) the limitation, requiring employees and subcontractors of Village, its officers and agents; (ii) the Director of Labor the Consultant to execute a non-disclosure agreement and his deputies and agents; and (iii) to federal, State, or before obtaining access to Confidential Information. local law enforcement agencies and prosecutors. K. Prevailing Wage. Pursuant to Section 4 of the Illinois Prevailing Wage Act, 820 ILCS 130/4, Contractor agrees and acknowledges that not less than the 4 IN WITNESS WHEREOF the parties hereto VILLAGE OF OAK BROOK, an Illinoie have caused this gr ement. to be executed, municipal corporation effective on , 2022. ATTEST: By: (— By: Charlotte Pruss,Village Clerk Greg Su mors,Village Manager ATTEST: JESCO ELECTRIC COMPANY,INC. - By; Its: Its:- 0 5 EXHIBIT A (PROPOSAL#22-973, DATED SEPTEMBER 28, 2022) 6 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 that may arise from or in connection with the performance of the work under the contract or permit, by either 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 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. 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. 7 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. 8 13705 W Irma Lee Court,Suite 170 Lake Forest, IL 60045 Phone: (847) 235-3726 0(708)267-0632 C September 28, 2022 Mr. Doug Hroba VIA E-MAIL: drhoba@oak-brook.org Village of Oak Brook 2-Pages Total 3003 Jorie Blvd. Proposal#22-973 Oak Brook, Illinois 60523 RE: ELECTRICAL POWER CIRCUITS FOR PUMP STATION-LOWER LEVEL-GOLF COURSE CLUBHOUSE Dear Mr. Hroba, Please accept our proposal for the installation of new electrical circuits for the existing pump station located in the lower golf cart storage area of the golf course clubhouse. Our proposal is based on our site visit and our verbal conversations as listed below; 1. Standard working hours, Monday through Friday 7:00 am to 3:30 pm. 2. Furnish and install (2) new 20-amp 120-volt dedicated circuits for the existing pump station in the lower level of the golf course clubhouse. 3. Furnish and install (2) 20-amp single surface mounted outlets for the pumps to plug into. 4. Furnish and install (1) new%" EMT conduit with (2)20-amp 120-volt power circuits from the main power panel to the pump station as needed. 5. Reuse (2) existing 20-amp 120-volt single pole breakers located in the power panel as needed. Total price for the above scope of work-----------------------------------------------------------------------$ 2,350.00 13705 W Irma Lee Court, Suite 170 Lake forest, IL 60045 Phone:(847) 235-3726 0(708)267-0632 C Page 2• 9-28-2022 Proposal#22-973 Excluded Items; • Permits or fees. • Taxes. Terms: • Payment upon completion. • Price contingent on work proceeding within 30 days of acceptance. • Proposal is void if not accepted within 10 days. • 1.5%service charge per month plus all fees for collection expenses. Thank you for the opportunity to present this proposal. We look forward to working with you on this project. Sincerely, Bryant Jessen Accepted: Date: