Loading...
ElectricPowerLowVoltageWiringFinVILLAGE OF OAK BR00K CONTRACT FOR THE Full Name of ContractOr:Jesco Electric Company,Inc.(``CO■ιracι Oノ ') Principa1 0fflce Address:13705ヽVest lrma Court,Suite 170,Lake Forest,11linois,60045 Contact Person:Bryant Jessen,Owner Telephone Number:(847)235‐3726 TO:Village of Oak Btook ("Village") 1200 Oak Brook Road Oak Brook, Illinois Attention: Rick Valent, Public Works Director Contractor warronts and represents that Contractor has carefully examined. the Work Sites described below and has'reiiewed and. understood, all docum'ents included' referred. to, or mentioned in th'is bound set of documents' 1. Work A. Contract and Work. Contractor acknowledges' u.rd ug"G, th"t Contractor shall, at its sole cost and "*p"rrJ", provide, perform, and complete, in the manner splcifiei'and described, and upon the terms and conditions set forth, in this Contract, all of the following' all of which is herein referred to as the "Work": 1・ 誠 驚 竜 言 誼 増 亨 書 疇 「 T犠:\榊 and Low Voltage Wiring For Finance Director's Offlce ProieCt, as specifled in Exhibit A,attached hereto,loCated 1200 0ak Br00k Road, Oak Brook, 11linois 60523 (“WOrλ SJι θ");2訛 htts,1鵬 gitぼ lg棚 胤n難 approVals and authorizations necessary ln connection therewith; &:沼瀦端\橋 ir紺 糧認慇盤 policies of insurance specifled in thiS Contract; 4. Taxes. Pay all applicable federal,state,and local taxes; 5. Miscellaneous. Do all other things required of Contractor bY this Contract; and 6. Qualitv. Provide, perform, and complete all of the foregoing in a proper and workmanlike manner, consistent with the standards of recognized professional firms in performing Work of a similar nature, in full compliance with, and as required by or pursuant, to this Contract, and with the greatest economy, effrciency, and expedition consistent therewith, with only new, undamaged, and frrst quality equipment, materials, and supplies. B. Performance Standards. Contractor acknowledges and agrees that all Work shall be fully provided, ierformed, and completed in accordance with ifru Proposal #22-ggt, dated November 2, 2022' attachediereto as Exhibit A. In the event the quality of service becomes unacceptable, the Village reserves the right to cancel the contract after giving thirty (30) day written notice. C. Responsibilitv for Damaee or Loss' Contractor proposes, and agrees, that Contractor shall be responsible and liable for, and shall promptly and witiout charge to Village repair or replace, any damage done to, and any loss or injury suffered by, the Village, the Work, the Work Site, or other property or persons as a result of the Work. D. Insoection/Testine/Reiection. Village shall have the right to inspect all or any part of the Work and to reject all or any part of the Work that is, in Village's judgment, defective or damaged or that in any way fails to conform strictly to the requirements of this Contract and the Village, without limiting its other rights or remedies, may require correction or replacement at Contractor's cost, perform or have performed all Work necessary to complete or correct all or any part of the Work that is defective, damaged, or nonconforming and charge Contractor with any excess cost incurred thereby, or cancel all or any part of any order or this Contract' Work so rejected may be returned or held at Contractor's expense and risk. 2. Contract Price Contractor acknowledges and agrees that Contractor shall take in monthly payments for all Work and other matters set forth under Section 1 above, including overhead and profrt; taxes, contributions, and premiums; and compensation to all subcontractors and suppliers' the compensation set forth below. A. SCHEDULE OF PRICES For providing, performing, and completing all Work, the Not-To-Exceed Contract Price of $1,175.00 TOTAL CONTRACT PRICE (in writing): One Thousand One Hundred and Seventy- Five Dollars OnlY B. BASIS FOR DETERMINING PRICES It is expressly understood and agreed that: 1. All prices stated in the Schedule of Prices are firm and shall not be subject to escalation or change; 2. The Village is not subject to state or local sales, use, and excise taxes, that no such taxes are included in the Schedule of Prices' and that all claim or right to claim any additional compensation by reason of the payment of any such tax is hereby waived and released; 3. All other applicable federal, state, and local taxes of every kind and nature applicable to the Work are included in the Schedule of Prices. C. TIME OF PAYMENT It is expressly understood and agreed that the Village shall only make any final payments upon completion of the work and final approval' All payments may be subject to deduction or setoff by reason of any failure of Contractor to perform under this Contract. Each payment shall include Contractor's certification of the value o( and partial or final waivers of lien covering, all Work for which payment is then requested and Contractor's certification that all prior payments have been properly applied to the payment or reimbursement of the costs with respect to which theY were Paid. 3. Contract Terrn Contractor acknowledges and agrees that Contractor shall commence the Work within 15 d'ays (weather pennitting) following the Village's acceptance of this bontract provided Contractor shall have furnished to the Village all bonds and all insurance certifrcates specified in this Contract ("Cornmencernent Date")' Contractor further acknowledges and agrees that Contractor shall perform the Work diligently and continuously and shall complete the Work no later than December 31' 2022 ("Tiie of Perforrnancd'). The Vitlage may modifu the ii-e of Performance at any time upon 15 days prior written notice to the Contractor. Delays caused by the Village shall extend the Time of Performance; provided, however, that Contractor shall be responsible for completion of all Work within the Time of Performance, notwithstanding any strike or other work stoppage by employees of either Contractor or of the Village' 4. Financial Assurance A. Bonds. If the total contract cost is $20,000'00 or more, the Contractor acknowledges and agrees that Contractor shall provide a Performance Bond, on forms provided by, or otherwise acceptable to, the Village, from a surety company acceptable to the Village, each in the penal sum of the Contract Price, within 10 days following the Village's acceptance of this Contract. B. Insurance. Contractor acknowledges and agrees that Contractor shall provide certificates of insurance evidencing the minimum insurance coverages and limits set forth in Exhibit B within 10 days following the Village's acceptance of this Contract. Such policies shall be in form, and from companies, acceptable to the Village. The insurance coverages and limits set forth Exhi[it B shall be deemed to be minimum coverages and limits and shall not be construed in any way as a limitation on Contractor's duty to carry adequate insurance or on Contractor's liability for losses or damages under this Contract. The minimum insurance "o*r"rig". and limits that shall be maintained at all times while providing, performing, or completing the Work are as set forth in Exhibit B. C. Indemnifrcation. Contractor acknowledges and agrees that Contractor shall indemnify and save h-armless the Village, its offrcers, officials, employees and volunteers, against all damages, liability, claims, losses,2 and expenses (including reasonable attorneys' fee) that may arise, or be alleged to have arisen, out of Contractor's performance o{ or failure to perform, the Work or any part thereof, or any failure to meet the representations and warranties set forth in Section 6 of this Contract. D. Penalties. Contractor acknowledges and agrees that Contractor shall be solely liable for any fines or civil penalties that are imposed by any governmental or quasi-governmental agency or body that may arise, or be utt"g"a to have arisen, out of or in connection with Contractor's performance of, or failure to perform, the Work or any part thereof. 5. Firm Proposal All prices and other terms stated in this Contract are firm and shall not be subject to withdrawal, escalation, or change. 6. Contractor's Representations andWarranties In order to induce the Village to accept this Contract, Contractor hereby represents and warrants as follows: A. The Work. The Work, and all of its components, shall .tri"tty conform to the requirements of this Contract, including, without limitation, the performance standards set forth in Subsection 18 of this Contract; and shall be fit, sufficient, and suitable for the purposes expressed in, or reasonably inferred from, this Contract and the warranties expressed herein shall be in addition to any other warranties expressed or implied by law, which are hereby reserved unto the Village' B. Compliance with Laws. The Work, and all of its .ornpor"rrt., .hall be provided, performed, and completed in compliance with, and Contractor agrees to be bound by, all applicable federal, state, and local laws, orders' .ri"., ,t a regulations, as they may be modified or amended from time to time, including without limitation' if applicable, the Prevailing Wage Act, 820 ILCS f30/0.01 et seq.; any other prevailing wage laws; any statutes requiring preference to laborers of specifred classes; any statutes prohibiting discrimination because of, o..eqri.ing affirmative action based on, race, creed, "oio., ,rrtiot ui origin, age, sex, or other prohibited classifrcation; and any statutes regarding safety or the performance of the Work. Further, Contractor shall hur" u written sexual harassment policy in compliance with Section 2-105 of the Illinois Human Rights Act during the course ofthe work. C. Not Barred. Contractor is not barred by law from contracting with the Village or with any other unit of state or local government as a result of (i) a delinquency in the payment of any tax administered by the Illinois Department of Revenue unless Contractor is contesting, in accordance with the procedures established by the appropriate Revenue Act, its liability for the tax or the amount of tax, as set forth in 65 ILCS Slll-42.1-l; or (ii) a violation of either Section 33E-3 or Section 338-4 of A*icle 33 of the Criminal Code of 1961, 720 ILCS 5/33E-1 et seo. D. Qualifred. Contractor has the requisite experience, ability, capital, facilities, plant, organization, and staff to enable Contractor to perform the Work successfully and promptly and to commence and complete the Work within the Contract Price and Contract Time set forth above. 7. Acknowledqements In submitting this Contract, Contractor acknowledges and agrees that: A. Reliance. The Village is relying on all warranties, representations, and statements made by Contractor in this Contract. B. Acceptance. If this Contract is accepted, Contractor shall be bound by each and every term, condition, or provision contained in this Contract. C. Remedies. Each of the rights and remedies reserved to the Village in this Contract shall be cumulative and additional to any other or further remedies provided in law or equity or in this Contract' D. Time. Time is of the essence in the performance of all terms and provisions of this Contract and, except where stated otherwise references in this Contract to days shall be construed to refer to calendar days and time. E. No Waiver. No examination, inspection, investigation, test, measurement, review, determination, decision, certificate, or approval by the Village, whether before or after the Village's acceptance of this Contract; nor any information or data supplied by the Village, whether before or after the Village's acceptance of this Contract; nor any order by the Village for the payment of money; nor any payment for, or use, possession, or u"""pl.r"" of, the whole or any part of the Work by the Village; nor any extension of time granted by the Village; ,ro. u.ry delay by the Village in exercising any right under this Contract; nor any other act or omission ofthe Village shall constitute or be deemed to be an acceptance of any defective, damaged, or nonconforming Work, nor operate to waive or otherwise diminish the effect of any representation or warranty made by Contractor; or of an1, requirement or provision of this Contract; or of any remedy, power, or right of the Village. F. Severabilitv. It is hereby expressed to be the intent of the parties to this Contract that should any provision, covenant, agreement, or portion of this Contract or its application to any Person or property be held invalid by a court of competent jurisdiction, the remaining provisions of this Contract and the validity,3 enforceability, and application to any Person or property shall not be impaired thereby, but the remaining provisions shall be interpreted, applied, and enforced so as to achieve, as near as may be, the purpose and intent of this Contract to the greatest extent permitted by applicable law. G. Amendments and Modifications. No amendment or modification to this Contract shall be effective until it is reduced to writing and approved and executed by the corporate authorities ofthe parties in accordance with all applicable statutory procedures. H. Assienment. Neither this Contract, nor any interest herein, shall be assigned or subcontracted, in whole or in part, by Contractor except upon the prior written consent of the Village. I. Governins Law: Venue. This Contract shall be governed by, construed and enforced in accordance with ih" irrt"rnul laws, but not the conflicts of laws rules, of the State of Illinois. Venue for any action arising out of or due to this Contract shall be in the Circuit Court for DuPage County, Illinois. J. Certifred Pavrolls. Contractor shall, in a"cordarce *ith Section 5 of the Illinois Prevailing Wage Act, 820 ILCS 130/5, submit to the Village, and upon activation of the database provided bv 820 ILCS 130/5'1 to the Department of Labor, on a monthly basis' a certified payroll. The certified payroll shall consist of a complete copy of those records required to be made and k"p[ Uy ths i']revailing Wage Act. The certified payroll .frun [" accompanied by a statement signed by the Contractor or subcontractor which certifies that: (1) such records are true and accurate; (2) the hourly rate paid is not less than the general prevailing rate of hourly wages required by the Prevailing Wage Act; and (3) Contractor or subcontractor is aware that filing a certified payroll that he or she knows to be false is a Class A misdemeanor. A general contractor may rely upon the certification of a lower tier subcontractor, provided that the general contractor does not knowingly rely upon a subcintractor's false certification' Upon seven business days' notice, Contractor and each subcontractor shall make available for inspection and copying at a location within this State during reasonable hours, the records required to be made and kept by the Act to: (i) the Viliage, its officers and agents; (ii) the Director of Labor and liis deputies and agents; and (iii) to federal, State, or local law enforcement agencies and prosecutors' K. Prevailine Waee. Pursuant to Section 4 of the Illinois Prevailing Wage Act, 820 ILCS 130/4, Contractor agrees and acknowledges that not less than the applicable rate of prevailing of wages, as found or ascertained by the Department of Labor and made available on the Department's Offrcial website, or determined by the court on review, shall be paid for each craft or type of worker needed to execute this contract or to perform such work, and it shall be mandatory upon the contractor to whom the contract is awarded and upon any subcontractor under him, to pay not less than the specified rates to all laborers, workers and mechanics employed by them in the execution of this contract. L. Conflicts of Interest. Contractor represents and certifies that, to the best of its knowledge, (1) no elected or appointed Village offrcial, employee or agent has a personal financial interest in the business of the Contractor or in this Agreement, or has personally received payment or other consideration for this Agreement; (2) as of the date of this Agreement, neither Contractor nor any person employed or associated with Contractor has any interest that would conflict in any manner or degree with the performance of the obligations under this Agreement; and (3) neither Contractor nor any person employed by or associated with Contractor shall at any time during the term of this Agreement obtain or acquire any interest that would conflict in any manner or degree with the performance of the obligations under this Agreement. M. Exhibits and Other Aereements. If any conflict exists between this Agreement and any exhibit attached hereto or any other Agreement between the parties relating to this transaction, the terms of this Agreement shall prevail. N. No Disclosure of Confidential Information by the Consultant. The Consultant acknowledges that it rt utt, lt performing the Services for the Village under this Agreement, have access, or be directly or indirectly exposed, to Confidential Information' The Consultant shall hold confidential att Confidential Information and shall not disclose or use such Confidential Information without the express prior written consent of the Village. The Consultant shall use reasonable measures at least as strict as those the Consultant uses to protect its own confidential information. Such measures shall include, without limitation, requiring employees and subcontractors of the Consultant to execute a non-disclosure agreement before obtaining access to Confidential Information'4 E朋 朋TA cROPOSAL#22-991,DATED NOVEMBER 2,2022)6 EXHIBIT B (I N SURAN CE REQUIREME N T S) 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 VilIage of oak Brook (trereinafLr referred to as "Insured") shall be requirerl 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 - g2,000,000 per occurrence for bodily injury, personal injury and property damage; B. Automobile Liability (if applicable) - g1,000,000 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 ViIIage, 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 affordedto the Village, its officers, offrcials, employees, volunteers, or agents' (2)The Insured,s insurance coverage shall be primary insurance as respects the Village, its officers, offrcials, employees, voluntee"rs 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,itsofficers,officials,employees,volunteersoragents. (a)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'sCompensationandEmployer'sLiabilityCoverage The policy shall waive all rights of subrogation against the Village, its officers, offrcials, employees, volunteers and agents for los-ses 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: \rII. Each Insured shall furnish the Village with certifrcates 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 pJrso' authorized bythat 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 Vilag" ,".u10u. 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 lrma Lee Court, Suite 170 Lake Forest, lL 60045 Phone: (847) 235-3726 O l7o8l267-0632 C Mr. Doug Hroba Village of Oak Brook 3003 Jorie Blvd. Oak Brook, lllinois 60523 November 2, 2022 VIA E-MAIL: drhoba@oak-brook.org 2-Pages Total Proposal#22-991 RE: ELECTRiCAL POWER and LOW VOLTAGE W:R:NG FOR FINANCE MANAGERS OFFICE Dear Mr. Hroba, please accept our proposal for the installation of new electrical and low voltage data circuits for the Finance Managers office. 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 (1) new 2o-amp 120-volt duplex outlet and power circuit' 3. Furnish and install (1) new 2o-amp 120-volt quad outlet and power circuit' 4. Furnish and install (2) new low voltage data openings for Cat 6 cables' 5. Remove and cap off (21 existing floor duct service fittings, power and data' 6. lnstall (2) cat 6 cables to the lT room as needed. Total price for the above scope of work 7500 Jnsco Er-,nc;tRrc C onaPrxrr 13705 W lrma Lee Court, Suite 170 Lake Forest, lL 60045 Phone: (847)235-3726 O (708) 267-0632C Pase 2. Proposal # 22-991 Excluded ltems; o Permits or fees. r Taxes. Terms: o Payment upon completion. o Price contingent on work proceeding within 30 days of acceptance. o Proposal is void if not accepted within 10 days. o L.5% seruice charge per month plus all fees for collection expenses' Thank you for the opportunity to present this proposal. project. Sincerely, 11-02-2022 We look forward to working with you on this Date: Bryant Jessen Accepted: Jnsc)o ELECURTo C)oN{PA}[Y, INC.