R-1214 - 11/13/2012 - BGC-ADMIN - Resolutions Supporting DocumentsAGENDA ITEM
Regular Board of Trustees Meeting
of
November 13, 2012
ITEM 6.F.3)
U111 ILL",
I r 3�I -1i� 111
SUBJECT: Award of Contract — Administration Carpet Removal and Replacement Project
FROM: Rania Serences, Purchasing Clerk
BUDGET SOURCE/BUDGET IMPACT: $50,000 is budgeted in Program 421 Municipal Building
Improvements, Structural Improvements, (421- 90400)
RECOMMENDED MOTION: I move that the Village Board award a contract, to the most
responsive and responsible bidder, Century Tile, Lombard, Illinois, in the amount of $22,682.99,
for the 2012 Administration Carpet Removal and Replacement Project, and approve Resolution R-
1214, a Resolution Approving and Authorizing the Execution of an Agreement by and between the
Village of Oak Brook and Century Tile for the Removal and Replacement of Carpet In the Butler
Government Center, subject to staff and attorney review.
Background/History:
A notice for Request for Bids was placed on the Village website on October 10, 2012 and bid packages
were sent to seven (7) companies. Five (5) companies attended the mandatory pre -bid meeting on October
17, 2012 and four (4) companies submitted bids for this project (see attached bid tabulation). The
apparent low bid submitted by Commercial Floor Covering, Inc. of $21,284 was not accepted because
conducting this project during normal business hours will be very disruptive to administrative services, as
such the lowest responsive bid for weekend hours was for $22,682.99 from Century Tile.
The Village of Oak Brook previously had projects completed by Century Tile, including replacement tile
work at both the Bath and Tennis Clubhouse in 2011 and at the Public Works Building in October of
2012, without issues. Staff also reviewed references and is satisfied. The carpet that is scheduled for
replacement is in the Administration/Finance area and it was last replaced in 1996. The project consists of
moving the existing Village furniture where necessary, then removing the existing carpet and replacing it
with approximately 4,450 square feet of carpet tiles, and finally returning any moved furniture back to its
previous position. By replacing the currently wom carpet with carpet tiles, it will be much easier to
replace if there is ever damage or severe stains, thus giving the carpet a longer life cycle. The project is
expected to be completed substantial under budget (by more than $25,000) in December.
Recommendation:
Staff recommends that the Village Board award a contract, to the most responsive and responsible bidder,
Century Tile, Lombard, Illinois, in the amount of $22,682.99, for the 2012 Administration Carpet
Removal and Replacement Project, and approve Resolution R -1214, a Resolution Approving and
Authorizing the Execution of an Agreement by and between the Village of Oak Brook and Century Tile
for the Removal and Replacement of Carpet in the Butler Government Center, subject to staff and
attorney review. ,w
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RESOLUTION 2012- BGC- AD- AG -EX -R -1214
A RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT
BY AND BETWEEN THE VILLAGE OF OAK BROOK AND CENTURY TILE
FOR THE REMOVAL AND REPLACEMENT OF CARPET IN THE BUTLER GOVERNMENT CENTER
WHEREAS, the carpet in the Village's Butler Government Center ( "Carpet') was last replaced in
1996 and is in need of replacement; and
WHEREAS, on October 10, 2012, the Village solicited bids to remove and replace the Carpet;
and
WHEREAS, the Village received four bids in response to its request for bids to remove and
replace the Carpet; and
WHEREAS, the lowest price bid to remove and replace the Carpet was for replacement of the
Carpet during regular business hours, thereby creating more disruption to Village business than would be
created by bids to perform the work during non - business hours; and
WHEREAS, the Village has determined that Century Tile ( "Century') was the low responsible
bidder to remove and replace the Carpet; and
WHEREAS, the Village and Century desire to enter into and execute an agreement for Century to
remove and replace the Carpet ( "Agreement'), attached hereto as Exhibit A; and
WHEREAS, the President and Board of Trustees have determined that it is in the best interests of
the Village to enter into the Agreement in a final form as approved by the Village Attorney;
NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: Recitals. The foregoing recitals are hereby incorporated into, and made a part
of, this Resolution as the findings of the President and Board of Trustees of the Village of Oak Brook.
Section 2: Approval of the Agreement. The President and Board of Trustees hereby
approve the,Agreement by and between the Village and Century in a form acceptable to the Village
Manager and the Village Attorney.
Section 3: Authorization and Execution of the Agreement. The Village Manager and Village
Clerk shall be, and hereby are, authorized to execute the final Agreement on behalf of the Village.
Section 4: Effective Date. This Resolution shall be in full force and effect upon passage and
approval in the manner provided by law.
[SIGNATURE PAGE FOLLOWS]
Resolution 2012- BGC- AD- AG -E% -R -1214
Agmt. w /Century Tile for Carpet Rplannt.
Page 2 of 3
APPROVED THIS 131h day of November, 2012
Gopal G. Lalmalani
Village President
PASSED THIS 131" day of November, 2012
Ayes:
Nays:
ATTEST:
Charlotte K. Pruss
Village Clerk
Resolution 2012- BGC -AD- ALEX -R -1214
Agmt. w /Century Tile for Carpet Rplcmnt.
Page 3 of 3
EXHIBIT A
AGREEMENT
Village of Oak Brook
Administration Carpet Removal and
Replacement
Bid Package
October, 2012
Table of Contents
Section
A. Notice to Bidders
AMENFI-R:'
C. Instructions
D. Specifications
E. General Conditions
F. Statement of Contractor's Qualifications
G. References
H. Bid Certification
I. Contract
J. Contract Bond
Section A Notice to Bidders
Posted on the Village Website on October 10, 2012
NOTICE TO BIDDERS
VILLAGE OF OAK BROOK
The Village of Oak Brook will receive bids for:
Administration Carpet Removal and Replacement
A rre -bla meeting will be held at 90:00 a.m. on Wednesday, October 17. 2012, at the
Village of Oak Brook Butler Government Center, 1200 Oak Brook Road, Oak Brook,
Illinois 60523, in the Samuel E. Dean Board Room. Prospective bidders must be in the
Samuel E. Dean Board Room at 10:00 a.m. to be considered an attendee. Attendance
at this meeting is mandatory. The purpose of the meeting is to give all prospective
bidders the opportunity to view and inspect the site, and verify square footage. Any
questions or concerns can be addressed at this time.
Sealed bids will be received by Rania Serences, Purchasing Clerk, Village of Oak Brook,
1200 Oak Brook Road, Oak Brook, IL 60523 until 11:00 A.M., Wednesday, October 24,
2012, prevailing time, and publicly opened in the Samuel E. Dean Board Room at that
time.
A complete bid package, of which this notice is a part, is on file for inspection and may be
downloaded from the Village's website www.oak - brook.orq or picked up at the Butler
Government Center, 1200 Oak Brook Road, Oak Brook, Illinois 60523, between the
hours of 8:30 A.M. and 5 P.M. Monday through Friday. There is no charge for the
package.
No bid shall be withdrawn after opening of bids without the consent of the Village of Oak
Brook for a period of ninety (90) days after the scheduled time of opening bids.
The Village of Oak Brook reserves the right to reject any or all bids and to waive any
informalities in bidding and to accept the bid deemed most advantageous to it.
Charlotte K. Pruss
Village Clerk
Section B Bid
Administration Carpet Removal and Replacement
1. COST OF WORK:
The undersigned, acting for and on behalf of contractor and having familiarized
himself with conditions affecting the cost of the work and its performance and
having carefully examined and fully understood the entire bid package, hereby
affirms and agrees to enter into a contract with the Village of Oak Brook, Oak
Brook, IL.
To provide all supervision, labor, material, equipment and all other expense items
to completely perform the work covered by all specifications for the work.
The undersigned submits herewith his bid for the indicated item as follows:
Complete the Administration Carpet Removal and Replacement Project as
contained in Section D:
Lump Sum Total$
In Words
Alternate Bid #1
Complete the Administration Carpet Removal and Replacement Project as
contained in Section D during normal business hours Monday — Friday 8:00 a.m. —
5:00 p.m.
Lump Sum Total$
In Words
Alternate Bid #2
Complete the Administration Carpet Removal and Replacement Project as
contained in Section D on Saturdays and Sundays only 7 a.m. — 7 p.m.
In Words
Lump Sum
Page 1
The Village of Oak Brook reserves the right to reject any or all bids and to waive any
informalities in bidding and to accept the bid deemed most advantageous to it.
Page 2
2. COSTS:
The undersigned contractor hereby affirms and states the prices quoted herein
constitute the total cost to the Village for all work involved in the respective items
and that this cost also includes all insurance, royalties, transportation charges, use
of all tools and equipment, superintendence, overhead expense, all profits and all
other work, services and conditions necessarily involved in the work to be done
and materials to be furnished in accordance with the requirements of the contract
documents considered severally and collectively. This bid shall be held valid for a
period of ninety (90) days after the bid due date.
3. INSTRUCTIONS:
The undersigned contractor shall comply with all provisions and requirements of
this Bid Package.
4. TIME OF COMPLETION:
The undersigned affirms and declares that if awarded the contract for this work he
will completely perform said contract in strict accordance with its terms and
conditions by December 31. 2012, unless additional time shall be granted by the
Village in accordance with the provisions of the specifications. Should the
contractor fail to complete the work by said date or within such extended time as
may have been allowed, the contractor shall be liable to the Village in the amount
set forth in the specifications.
5. BID GUARANTEE:
1►I/t1
Page 3
Firm
Address:
City, State, ZIP:
Name
Title:
Telephone: Date:
If a Corporation:
ATTEST:
Secretary
Page 4
Section C Instructions
1. RECEIPT OF BID: Wednesday, October 24, 2012, 11:00 A.M.
2. BASIS OF BID: Sealed bids will be received until the above noted time and date.
3. PROJECT DESCRIPTION: Administration Carpet Removal and Replacement.
4. PREPARATION AND SUBMISSION OF BID:
A. A Pre -Bid meeting will be held at 10:00 a.m. on Wednesday, October 17. 2012 at the
Village of Oak Brook Butler Government Center, 1200 Oak Brook Road, Oak Brook, Illinois
60523, in the Samuel E. Dean Board Room. Attendance at this meeting is mandatory.
The purpose of the meeting is to give all prospective bidders the opportunity to view and
inspect the site, and verify square footage. Any questions or concerns can be addressed at
this time.
B. The bid must be delivered to the office of the Purchasing Clerk, Village of Oak Brook, 1200
Oak Brook Road, Oak Brook, IL 60523 on or before Wednesday. October 24. 2012. at
11:00 A.M.. prevailing time, at which time it will be publicly opened and read in the S. E.
Dean Board Room of the Village Hall. Bids received after this time will not be considered
and will be returned unopened.
C. The bid shall be submitted on the exact form furnished. All blank spaces for bid price, unit
cost and alternates must be filled in —in ink —in both words and figures (as stipulated). In
case of any discrepancy in the amount proposed, the prices expressed in written words
shall govern.
D. A complete bid package must be submitted, including, but not limited to, the following items:
1. Bid
2. Statement of Qualifications
3. References
4. Bid Certification
5. Signed Contract
E. The Contract and Contract Bond (Performance and Payment) are provided as information,
and will be completed only upon acceptance of the bid by the Village. The surety company
issuing the Contract Bond must be listed and approved by the U.S. Department of the
Treasury. Letters of Credit will not be accepted in place of the Contract Bond.
F. Separate sheets may be attached to the bid for the purpose of explanation, exception,
alternate bid and to cover the unit price, if needed.
G. In submitting this bid, the contractor further declares that the only person or party interested
in the bid as principals are those named herein, and that the bid is made without collusion
with any other person, firm or corporation.
Page 1
H. The contractor further declares that he has carefully examined this entire Bid Package and
he has inspected in detail the site of the proposed work, and that he has familiarized himself
with all of the local conditions affecting the contract and the detailed requirements of this
work and understands that in making the bid he waives all rights to plead a
misunderstanding regarding same.
The contractor further understands and agrees that if his bid is accepted, he is to furnish
and provide all necessary machinery, tools, apparatus, and other means to do all of the
work and to furnish all of the materials specified in the contract, except such materials as
are to be furnished by the owner (Village), in the manner and at the time therein prescribed,
and in accordance with the requirements therein set forth.
J. The contractor declares that he understands that the quantities listed on the Bid are
approximate only and that they are subject to increase or decrease; and that he will take in
full payment thereof the amount and the summation of the actual quantities, as fully
determined by the Village.
K. The contractor further agrees that the price submitted within the bid is for the purpose of
obtaining a gross sum, and for use in computing the value of extras and deductions. If
there is a discrepancy between the gross sum bid and that resulting from the summations of
the quantities multiplied by the unit price, the latter shall apply.
L. The contractor further agrees that if the Village decides to extend or shorten the work, or
otherwise alter it by extras or deductions, including elimination of one or more of the items,
as provided in the specifications, he will perform the work as altered, increased or
decreased, at the contract unit price.
M. The contractor further agrees that the Village representative may at any time during the
progress of the work covered by this Contract, order other work or materials incidental
thereto and that all such work and materials as do not appear in the bid or contract as a
specific item covered by a lump sum price, and which are not included under the bid price
for other items in the Contract, shall be performed as extra work, and compensation shall be
as set forth in the specifications.
N. The contractor further agrees to execute all documents within this Bid Package, obtain a
Certificate of Insurance for this work and present all of these documents within fifteen (15)
days after the receipt of the Notice of Award and the Contract by him.
O. The contractor further agrees that he and his surety will execute and present within fifteen
(15) days after the receipt of the Notice of Award and the Contract, a Contract bond
satisfactory to and in the form prescribed by the Village, in the penal amount of 100% of the
Contract amount, guaranteeing the faithful performance of the work and payment for labor,
material supplies, and subcontractors in accordance with the terms of the Contract.
P. The contractor further agrees to begin work not later than ten (10) days after receipt of the
Notice to Proceed, unless otherwise provided, and to execute the work in such a manner
and with sufficient materials, equipment and labor as will insure its completion within the
time limit specified within the Bid, it being understood and agreed that the completion within
the time limit is an essential part of the contract.
Page 2
Q. By submitting a Bid, the contractor understands and agrees that, if his bid is accepted, and
he fails to enter into a contract forthwith, he shall be liable to the Village for any damages
the Village may thereby suffer.
R. No bid will be considered unless the party offering it shall furnish evidence satisfactory to
the Village that he has necessary facilities, ability and pecuniary resources to fulfill the
conditions of the Contract.
S. If the contractor is in doubt as to the true meaning of any part of the plans, specifications or
other proposed contract documents, he may submit to the Public Works Director a written
request for an interpretation thereof. The person submitting the request will be responsible
for its prompt delivery. Any interpretation of the documents will be made only by addendum
duly issued by the Village. The Village will not be responsible for any other explanation or
interpretation of the Bid Package.
SUBSTITUTIONS:
A. Certain materials and equipment are specified by a manufacturer or trade name to establish
standards of quality and performance and not for the purpose of limiting competition.
Bidders are invited to submit bids not only on named items but also on items which they
propose for substitution of named items. Products of other manufacturers may be
substituted, if, in the opinion of the Village, they are equal to those specified in quality,
performance, design and suitability for intended use. Where two or more items are
specified, the selection among those specified is the bidder's option, or he may submit his
bid on all such items.
B. Bids shall be based on materials included in the specifications. Substitutions for the
purpose of evaluating bids will be considered only if proposed substitutions are set forth in
the sealed bid and will only be accepted prior to the award of the contract. The offer of
substitutions shall be an integral part of the bid, appearing immediately after all requested
bids and before the signature of the bidder.
C. Substitutions of materials other than those specified will not be considered in the base bid
price. However, other substitutions may be listed in the specified place in the Bid Form, with
the indication of the change in the base bid price for the total cost.
D. In addition to the requirements heretofore mentioned, in order for substitutions to qualify for
consideration, the following shall accompany each bid:
1. Each proposed substitution shall be itemized showing manufacturer name,
catalog number, quantity, unit cost and total cost. The bidder shall prepare
the necessary forms to list his substitutions in the manner outlined.
2. Each bid offering substitutions shall be accompanied by descriptive
literature, catalog data, complete technical specifications and reports
of all pertinent tests concerning the bidder's proposed substitutions
Page 3
6. BASIS OF AWARD:
The Village of Oak Brook reserves the right to reject any or all bids and to waive any informality or
technical error and to accept any bid deemed most favorable to the interests of the Village of Oak
Brook. In addition to price, the Village will consider:
A. Ability, capacity and skill to fulfill the contract as specified.
B. Ability to supply the commodities, provide the services or complete the construction
promptly, or within the time specified, without delay or interference.
C. Character, integrity, reputation, judgment, experience and efficiency.
D. Quality of performance on previous contracts.
E. Previous and existing compliance with laws and ordinances relating to the contract.
F. Sufficiency of financial resources.
G. Quality, availability and adaptability of the commodities, services or construction, in
relation to the Village's requirements.
H. Ability to provide future maintenance and service under the contract.
I. Number and scope of conditions attached to the bid /proposal.
J. Record of payments for taxes, licenses or other monies due the Village
7. CONDITIONS:
The Village is exempt from Federal excise tax ( #36- 600 -9534) and the Illinois Retailer's
Occupation Tax ( #E9997 -4381 -06). This bid cannot include any amounts of money for these
taxes.
8. WARRANTY:
Upon completion the Contractor shall supply a one year warranty covering material and
workmanship.
9. PAYMENT:
The Village of Oak Brook authorizes the payment of invoices on the second and fourth Tuesday
of the month. For consideration on one of these dates, payment request must be received no
later than fourteen (14) days prior to the second or fourth Tuesday of the month.
10. INDEMNIFICATION:
The Contractor shall protect, indemnify, save, defend and hold forever harmless the Village
and /or its officers, officials, employees, volunteers and agents from and against all liabilities,
obligations, claims, damages, penalties, causes of action, costs and expenses, including without
Page 4
limitation court costs, insurance deductibles and attorney's fees and expenses, which the Village
and /or its officers, officials, employees, volunteers and agents may incur, suffer or sustain, or for
which the Village and /or its officers, employees and agents may become obligated by reason for
any accident, injury to or death of persons or loss of or damage to property, or civil and /or
constitutional infringement of rights (specifically including violations of the Federal Civil Right
Statutes), arising indirectly or directly in connection with or under, or as a result of, this or any
Agreement by virtue of any act or omission of any of the Contractor's officers, employees,
subcontractors, and /or agents, provided that the Contractor shall not be liable for claims,
obligations, damages, penalties, causes of action, costs and expenses arising solely by any act or
omission of the Village's officers, officials, employees, volunteers and /or agents.
The contractor shall hold the Village harmless for any and all claims for labor, material, apparatus,
equipment, fixtures or machinery furnished to the contractor for the purpose of performing the
work under the contract; and the payment of all direct and indirect damages to any person, firm,
company or corporation suffered or sustained on account of the performance of such work during
the time the contract is in force.
11. INSURANCE:
Certificates of Insurance shall be presented to the Village within fifteen (15) days after the receipt
by the contractor of the Notice of Award and the unexecuted contract, it being understood and
agreed that the Village will not approve and execute the contract until acceptable insurance
certificates are received and approved by the Village.
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 specked 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, provided that when the estimated cost of the work in
question does not exceed $5,000, the required limit shall be $500,000;
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
Page 5
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.
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.
Page 6
12. SAFETY:
The contractor and any subcontractors shall comply with all the provisions of the Federal
Occupational Safety and Health Act of 1970 (84 Stat. 1590), as amended.
13. EQUAL OPPORTUNITY:
The Contractor will not discriminate against any employee or applicant for employment because
of race, color, religion, sex, ancestry, national origin, place of birth, age or handicap unrelated to
bona fide occupational qualifications.
14. PREVAILING RATE OF WAGES:
All wages paid by the Contractor and each subcontractor shall be in compliance with The
Prevailing Wage Act (820 ILCS 130), as amended, except where a prevailing wage violates a
federal law, order, or ruling, the rate conforming to the federal law, order, or ruling shall
govern. The Contractor shall be responsible to notify each subcontractor of the wage rates set
forth in this contract and any revisions thereto. If the Department of Labor revises the wage
rates, the revised rate as provided by the public body shall apply to this contract and the
Contractor will not be allowed additional compensation on account of said revisions.
Contractor will comply with the Illinois prevailing wage law, as amended from time to time. Not
less than the prevailing rate of wages as found by Owner or the Illinois Department of Labor
shall be paid to all laborers, workers and mechanics performing work under the Contract. If the
Department of Labor revises the prevailing rate of wages to be paid laborers, workers or
mechanics under the Contract, Owner will notify Contractor and each Subcontractor of the
change in the prevailing rate of wages; provided, however, regardless of whether Owner gives
such notice, the revised prevailing rate of wages shall apply to the Contract and Contractor shall
have the sole responsibility and duty to pay, and ensure that all Subcontractors pay, the revised
prevailing rate of wages to each person to whom a revised rate is applicable. Revision of the
prevailing wages shall not result in an increase in the Contract sum or other cost to Owner.
Contractor shall indemnify, defend and hold Owner harmless from any loss, including but not
limited to Owner's attorneys fees, resulting from Contractor's failure to comply with this prevailing
wage clause. All bonds applicable to the Contract shall include a provision as will guarantee the
faithful performance of the obligation to pay the prevailing rate of wages.
The Contractor and each subcontractor shall make and keep, for a period of not less than 3
years, records of all laborers, mechanics, and other workers employed by them on the project;
the records shall include each worker's name, address, telephone number when available,
social security number, classification or classifications, the hourly wages paid in each period,
the number of hours worked each day, and the starting and ending times of work each day.
The Contractor and each subcontractor shall submit monthly, in person, by mail, or
electronically a certified payroll to the public body in charge of the project. The certified payroll
shall consist of a complete copy of the records. The certified payroll shall be accompanied by
a statement signed by the contractor or subcontractor which states that:
(i) such records are true and accurate;
(ii) the hourly rate paid to each worker is not less than the general prevailing rate of hourly
wages required; and
Page 7
(iii) the contractor or subcontractor is aware that filing a certified payroll that he or she
knows to be false is a Class B misdemeanor.
Upon 2 business days' notice, the contractor and each subcontractor shall make available for
inspection the records to the public body in charge of the project, its officers and agents, and
to the Director of Labor and his deputies and agents at all reasonable hours at a location
within this State. The Contractor and each subcontractor shall permit his /her employees to be
interviewed on the job, during working hours, by compliance investigators of the Department or
the Department of Labor.
15. EMPLOYMENT OF ILLINOIS WORKERS DURING PERIODS OF EXCESSIVE
UNEMPLOYMENT:
The Contractor shall comply with all Illinois statutes pertaining to the selection of labor
Whenever there is a period of excessive unemployment in Illinois, which is defined herein as any
month immediately following 2 consecutive calendar months during which the level of
unemployment in the State of Illinois has exceeded 5 percent as measured by the United States
Bureau of Labor Statistics in its monthly publication of employment and unemployment figures,
the Contractor shall employ only Illinois laborers. "Illinois laborer" means any person who has
resided in Illinois for at least 30 days and intends to become or remain an Illinois resident.
Other laborers may be used when Illinois laborers as defined herein are not available, or are
incapable of performing the particular type of work involved, if so certified by the Contractor and
approved by the Municipality. The Contractor may place no more than 3 of his regularly
employed non - resident executive and technical experts, who do not qualify as Illinois laborers, to
do work encompassed by this Contract during a period of excessive unemployment.
This provision applies to all labor, whether skilled, semi - skilled or unskilled, whether manual or
non - manual.
16. COPIES OF DOCUMENTS
The number of copies of Contract and Bond required to be executed is as follows:
a) Two (2) original counterparts of the Contract documents will be required
to be executed.
17. EXECUTION OF DOCUMENTS
The Contractor, in signing his Bid on the whole or on any portion of the work, shall conform to
the following requirements:
A Bid signed by an individual other than the individual represented in the Bid documents shall
have attached thereto a power of attorney evidencing authority to sign the Bid in the name of the
person for whom it is signed.
A bid signed for a partnership shall be signed by all of the partners or by an attorney -in -fact. If
signed by an attorney -in -fact, there shall be attached to the Bid a power of attorney evidencing
authority to sign the bid, executed by the partners.
A bid signed for a corporation, shall have the correct corporate name thereof and the signature
of the President or other authorized officer of the corporation manually written below the
corporate name.
If such Bid is manually signed by an official other than the President of the Corporation, a
certified copy of a resolution of the board of directors evidencing the authority of such official to
sign the Bid should be attached to it. Such Bid shall also bear the attesting signature of the
Secretary of the corporation and the impression of the corporate seal.
The Contract shall be deemed as have been awarded when formal notice of award shall have
been duly served upon the intended awardee.
18. NON - DISCRIMINATING:
The Vendor, its employees and subcontractors, agrees not to commit unlawful discrimination
and agrees to comply with applicable provisions of the Illinois Human Rights Act, the U.S. Civil
Rights Act and Section 504 of the Federal Rehabilitation Act, and rules applicable to each.
19. INDEPENDENT CONTRACTOR:
There is no employee /employer relationship between the CONTRACTOR and the VILLAGE.
CONTRACTOR is an independent contractor and not the VILLAGE'S employee for all
purposes, including, but not limited to, the application of the Fair Labors Standards Act
minimum wage and overtime payments, Federal Insurance Contribution Act, the Social
Security Act, the Federal Unemployment Tax Act, the Worker's Compensation Act (820 ILCS
305/1, et seq.). The VILLAGE will not (i) provide any form of insurance coverage, including
but not limited to health, worker's compensation, professional liability insurance, or other
employee benefits, or (ii) deduct any taxes or related items from the monies paid to
CONTRACTOR. The performance of the services described herein shall not be construed as
creating any joint employment relationship between the CONTRACTOR and the VILLAGE,
and the VILLAGE is not and will not be liable for any obligations incurred by the
CONTRACTOR, including but not limited to unpaid minimum wages and /or overtime
premiums, nor does there exist an agency relationship or partnership between the VILLAGE
and the CONTRACTOR.
20. ASSIGNMENT
Neither the VILLAGE nor the CONTRACTOR shall assign or transfer any rights or obligations
under this Agreement without the prior written consent of the other party, which consent shall
not be unreasonably withheld.
21. GOVERNING LAW
This Agreement shall be governed by the laws of the State of Illinois as to interpretation,
performance and enforcement. The forum for resolving any disputes concerning the parties'
Page 9
respective performance or failure to perform under this Agreement shall be the Circuit Court
for the Eighteenth Judicial Circuit, DuPage County, Illinois.
Page 10
Section D Specifications
Administration Carpet Removal and Replacement
• Labor and material to install approximately 4450 SF of Karastain Bigelow #7872 Aristotle
carpet tiles, tufted nylon, 24 "X24 ", hard back. Carpet is to be supplied by the contractor. The
contractor shall furnish all labor, materials, tools, supervision, equipment, transportation,
insurances, overhead, and all other items of expense or service necessary for and incidental
to construction of this project.
• Work is to be completed on week days between 5:00 p.m. — 7:00 a.m., and weekends
between 7:00 a.m. — 5:00 p.m.
• Provide labor to remove and discard approximately 4550 SF of existing carpet (including the
tops of round access walker duct covers) and base approximately 880 LF of 4" vinyl base
(score along top of base to prevent drywall paper from running) in the Village of Oak Brook
Administration area.
• Provide labor to relocate and place back to original location approximately sixty two (62) file
cabinets, twenty seven (27) chairs, eleven (11) desks, three (3), printers /shredders, two (2)
refrigerators, five (5) book shelves, two (2) tables, one (1) credenza, twenty (20) boxes, and
two (2) islands to remove and re- install carpet.
• Remove and discard eight (8) transition strips and /or thresholds and two (2) stair nosing.
• Electrical tombstones (floor boxes) will stay as is and removal of carpet will be cut around
boxes.
Provide labor and material to patch, repair, or level floor. Full skim coat of the floor is required
by the manufacturer.
• Provide labor and carpet low VOC adhesive (volatile organic compounds) to install carpet tile
as recommended by the manufacturer.
• Provide labor and material to install 6" vinyl base as recommended by the manufacturer.
Adhesive to be low VOC and base color is to be determined. Provide and install rubber stair
nosing as removed in place.
• Provide and install aluminum threshold and /or transition strips and new nosing as needed or
where previously removed. Color is to be determined.
• Work shall include everything requisite and necessary to finish the work properly,
notwithstanding that every item of labor, materials, equipment or accessories required to make
said project complete may not be specifically mentioned.
• Daily clean-up is mandatory. Remove all debris from the building and place in an approved
on -site dumpster. No Village trash receptacles shall be used at any time during the
performance of the requested work.
• All personal items will be boxed up placed atop desks. All electronic equipment to be
unplugged. Overhead bins will be emptied by Village employees. File cabinets will not be
emptied.
• Contractor shall provide the name and phone number (cell number) of the on -site
superintendent responsible for all on -going work activities as well as a list of all persons
scheduled to perform work on site.
2
Section E General Conditions
1. Contractor shall have five (5) years of experience which is comparable in type and scope to this
project.
2. Work hours are between 5:00 p.m. — 7:00 a.m. Monday through Friday, and between 7:00 a.m. —
5:00 p.m. Saturday through Sunday. Any deviation is subject to the approval of the Village
representative.
3. The project will be done on consecutive days until completed, delays only to inclement weather.
4. Contractor is required to obtain all necessary permits from the Village of Oak Brook, and schedule
required inspections through Community Development.
5. The contractor shall supply to the Village, phone numbers where he /she can be reached after
normal working hours.
6. The contractor must submit with the bid proposal five (5) references, names and phone numbers
of similar projects completed within the last two (2) years.
7. The contractor must submit all manufacturers' literature on all materials that will be used on this
project, including M.S. D.S. (Material Safety Data Sheets) prior to any work beginning.
8. A storage location for supplies, ladders and scaffolding shall be mutually agreed upon between
the Village and the contractor before any material is stored on site. Deliver material with
manufacturers labels intact and legible, store material on raised platforms and cover material with
protective covering.
9. Before work is started, deliver to the job site sufficient material to complete the project.
10. If a dumpster is required, the location of the dumpster placement shall be mutually agreed upon
between the Village and the contractor.
11.All ladders and scaffolding shall be maintained during the course of this project and shall be
secured at the end of each workday.
12. Provide barricades to ensure that falling debris will not injure anyone, and to prevent public
access to the work area at all times. Yellow "CAUTION" tape will be placed below the immediate
work areas of laborers and scaffolds to warn the public of men working overhead.
13.At all times the work and storage areas shall be kept in a clean, orderly, and a picked up manner.
Daily material and debris not placed into dumpster will be removed from the site.
14. Upon completion of the project the work area shall be cleaned. All debris and remaining material
and supplies shall be removed from the jobsite, including the dumpster within 72 hours of
completion.
1
Section F Statement of Contractor's Qualifications
All questions must be answered and the data given must be clear and comprehensive.
This statement must be notarized. If necessary, questions may be answered on separate
attached sheets. The Contractor may submit any additional information he or she desires.
1. Name of Contractor:
2. Permanent main office address:
3. When organized:
4. If a corporation, where incorporated:
5. How many years have you been engaged in the contracting business under your
present firm or trade name:
6. Contracts on hand: (Schedule these, showing amount of each contract and the
appropriate anticipated dates of completion)
7. General character of work performed by your company:
8. Have you ever defaulted on a contract:
9. List, on an attached sheet, the more important projects recently completed by your
company, stating the approximate cost for each, and the month and year
completed. Include a contact person and phone # for each.
10. List your major equipment available for this contract.
11. Experience in work similar in importance to this project:
12. Background and experience of the principal members of your organization,
including the officers.
13. Credit available:
14. Bank reference:
Page 1
15. Will you, upon request, fill out a detailed financial statement and furnish any other
information that may be required by the Village of Oak Brook:
16. The undersigned hereby authorizes and requests any person, firm, or corporation
to furnish any information requested by the Village of Oak Brook in verification of
the recitals comprising this Statement of Contractor's Qualifications.
DATED at Illinois this day of 2012.
LO
STATE OF ILLINOIS )
) SS.
COUNTY OF )
Title
being duly sworn deposes and says that he is the
Of and that the answers to the
foregoing questions and all statements therein contained are true and correct.
SUBSCRIBED and sworn to before me this day of
2012.
Notary Public
Page 2
Section G References
Bidder shall supply the following information listing at least five customers for which the
bidder has supplied a similar type of commodities, service, or construction.
1. Company Name:
Address:
Phone #:
Contact:
2. Company Name:
Address:
Phone #:
Contact:
3. Company Name:
Address:
Phone #:
Contact:
4, Company Name:
Address:
Phone #:
Contact:
5. Company Name:
Address:
Phone #:
Contact:
Page 1
Section H Bid Certification
The undersigned, being first duly sworn an oath, deposes and states that he has the
authority to make this certification on behalf of the bidder for the construction, product,
commodity, or service briefly described as follows:
Administration Carpet Removal and Replacement
(A) The undersigned certifies that, pursuant to Chapter 720, Section 5/33E of the
Illinois Compiled Statutes, 1993, the bidder is not barred from bidding on this
contract as a result of a conviction for the violation of State of Illinois laws
prohibiting bid - rigging or bid - rotating.
(B) The undersigned states under oath that, pursuant to Chapter 65, Section 5/11-
42.1-1 of the Illinois Compiled Statutes, 1993, the bidder is not delinquent in the
payment of any tax administered by the Illinois Department of Revenue.
(C) The undersigned certifies that, pursuant to Chapter 775, Section 5/2 -105. of the
Illinois Compiled Statutes, 1993, the bidder has a written sexual harassment policy
in place including the following information:
1. An acknowledgment of the illegality of sexual harassment.
2. The definition of sexual harassment under State law.
3. A description of sexual harassment, utilizing examples.
4. The contractor's internal complaint process including penalties.
5. The legal recourse, investigative and complaint process available
through the Illinois Department of Human Rights and the Human
Rights Commission.
6. Directions on how to contact the Department or the Commission.
This business firm is: (check one)
Corporation Partnership Individual
Firm Name:
/_[t:R3i
City, State, ZIP:.
Signature:
Name
Telephone: Date:
Page 1
SUBSCRIBED AND SWORN TO
before me this day
of , 20 .
Notary Public
Page 2
ATTEST:
-SEAL-
Section I Contract
Administration Carpet Removal and Replacement
1. THIS AGREEMENT, made and concluded this day of , 2012,
between the Village of Oak Brook, a municipal corporation, acting by and through
its President and Board of Trustees, known as VILLAGE, and
his executors, administrators, successors or assigns, known as CONTRACTOR.
2. WITNESSETH: That for and in consideration of the payments and agreements
mentioned in the Bid hereto attached, to be made and performed by the VILLAGE,
and according to the terms expressed in the Bond (if applicable) referring to these
presents, the CONTRACTOR agrees, at their own proper cost and expense, to do
all work, furnish all materials and all labor necessary to complete the work in
accordance with the plans and specifications hereinafter described, and in full
compliance with all of the terms of this Contract.
3. And it is also understood and agreed that the entire Bid Package hereto attached,
approved by the VILLAGE this day of , 2012, are all essential
documents of this contract and are a part hereof.
4. IN WITNESS WHEREOF, the said parties have executed these presents on the
above mentioned date.
ATTEST:
Village Clerk
ATTEST:
Secretary
VILLAGE OF OAK BROOK
By
Village President
0
Page 1
Corporate Name
Contractor
Partners doing Business under
the firm name of
Party of the Second
Page 2
(If a Co- Partnership)
(If an Individual)
Party of the Second Part
SEXUAL HARASSMENT CERTIFICATE
hereinafter referred to as "Contractor'
having submitted a bid /proposal for to the Village of
Oak Brook, DuPage /Cook Counties, Illinois, hereby certifies that said Contractor has a
written sexual harassment policy in place in full compliance with 775 ILCS 5/2- 105(A)(4)
including the following information:
1. An acknowledgment of the illegality of sexual harassment.
2. The definition of sexual harassment under State law.
3. A description of sexual harassment, utilizing examples.
4. The contractor's internal complaint process including penalties.
5. The legal recourse, investigative and complaint process available through the Illinois
Department of Human Rights and the Human Rights Commission.
6. Directions on how to contact the Department or the Commission.
7. An acknowledgment of protection of a complaint against retaliation as provided in
Section 6 -101 of the Human Rights Act.
Each contractor must provide a copy of such written policy to the Illinois Department of
Human Rights upon request.
Subscribed and sworn to
before me this day
of 20_.
Notary Public
0
Authorized Agent of Contractor
Page 3
CONTRACTOR'S CERTIFICATIONS
(CONTRACT EXECUTION)
, having executed a contract for with
the VILLAGE, hereby certifies that said contractor is not barred from executing said
contract as a result of a violation of either Section 5/33E -3 or 5/33E-4 of Chapter 720 of
the Illinois Compiled Statutes.
(DRUG -FREE WORKPLACE)
Contractor deposes, states and certifies it will provide a drug free workplace by complying
with Section 3 of the Illinois Drug Free Workplace Act, being 30 ILCS 580/3.
Attest/Witness:
0
Title:
Subscribed and Sworn to
before me this day
Of .20
Notary Public
Contractor
Title:
Name of Contractor's Executing
Officer
Title of Contractor's Executing
Officer
My Commission Expires:
Page 4
-SEAL-
PREVAILING WAGE AFFIDAVIT
I, (name of signatory), on oath hereby state
and certify that
(name of Contractor), pursuant to
a Contract dated 2012, with the Village of Oak Brook for the
Project, has complied and will comply with all laws,
including those relating to the employment of labor, the payment of the current general
prevailing rate of hourly wages for each craft or type of worker or mechanic needed to
execute the Contract or perform such work, and also the current general prevailing rate
for legal holiday and overtime work, as ascertained by the Illinois Department of Labor
for DuPage County, Illinois, and those prevailing rates are paid and shall be paid for
each craft or type of worker or mechanic needed to execute the aforesaid Contract or to
perform such work.
(name of Contractor) has
also complied and will comply with all record keeping requirements established in the
Prevailing Wage Act (820 ILCS 130/0.01, et seq.
CONTRACTOR:
M
Title:
SUBSCRIBED AND SWORN TO BEFORE
ME THIS DAY OF 2012
NOTARY PUBLIC
Page 5
CERTIFICATION OF PAYROLL RECORDS
I, (name of person executing this certificate), do hereby
certify that I am the duly qualified and acting (title) for
, (name of contractor) and, as such, am authorized to certify
payroll records as true and accurate for such company in accordance with the
requirements of Section 5 of the Prevailing Wage Act (820 ILCS 130/5) (the "Act ").
I do hereby further certify that the following document is a true and accurate copy
of the records of all laborers, mechanics, and other workers employed by
(name of contractor) on the Project (the "Project ")
for the Village of Oak Brook (the "Village "), including each such worker's name,
address, telephone number, social security number, classification or classifications; and
the hourly wages paid in each pay period, hours worked each day, and the starting and
ending times of work each day for each such worker on such Project.
I do hereby further certify that the hourly rate paid to each worker is not less than
the general prevailing rate of hourly wages required by the Act, and that
(name of contractor), and I on behalf of such
contractor, are fully aware that filing a certified payroll that we know to be false is a
Class B misdemeanor. I further certify that upon two (2) business days' notice, if
requested, we and any subcontractor hired by us shall make available for inspection the
records required in the Act to the District, its officers and agents, and to the Director of
Labor, his deputies and agents, at reasonable hours at a location within the State of
Illinois.
Date: 12012
(Name of Contractor)
(Signature)
(Printed Name)
(Title)
Subscribed and sworn to before me
this day of 2012.
Notary Public
Page 6
Section J Contract Bond
Administration Carpet Removal and Replacement
Bond #
Subject to Adjustment
Based on
Final Contract Price
We, as PRINCIPAL,
and as SURETY, are
held and firmly bound unto the Village of Oak Brook (hereafter referred to as "VILLAGE ")
in the penal sum of Dollars ($ ),
lawful money of the United States, well and truly to be paid unto said VILLAGE, for the
payment of which we bind ourselves, our heirs, executors, administrators, successors,
jointly to pay to VILLAGE this sum under the conditions of this instrument.
WHEREAS THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that, the
said Principal has entered into a written contract with the Village acting through its
awarding authority for the above stated project, which contract is hereby referred to and
made a part hereof, as if written herein at length, and whereby the said Principal has
promised and agreed to ep rform said work in accordance with the terms of said contract,
including, but not limited to the term requiring the paymen at the prevailing rate of hourly
wages, and has promised to pay all sums of money due for any labor, materials,
apparatus, fixtures or machinery furnished to such Principal for the purpose of performing
such work and has further agreed to pay all direct and indirect damages to any person,
firm, company, or corporation suffered or sustained on account of the performance of
such work during the time thereof and until such work is completed and accepted, except
as modified by the Guarantee section of the Bid; and has further agreed that this bond
shall insure to the benefit of any person, firm, company or corporation, to whom any
money may be due from the Principal, subcontractor or otherwise, for any such labor,
materials, apparatus, fixtures or machinery so furnished and that suit may be maintained
on such bond by any such person, firm, company, or corporation, for the recovery of any
such money.
NOW, THEREFORE, if the said Principal shall well and truly perform said work in
accordance with the terms of said contract, and shall pay all sums of money due or to
become due for any labor, materials, apparatus, fixtures or machinery furnished to him for
the purpose of performing such work, and shall commence and complete the work within
the time prescribed in said contract, and shall pay and discharge all damages, direct and
Page 7
indirect, that may be suffered or sustained on account of such work during the time of the
performance thereof and until the said work shall have been accepted, and shall hold
VILLAGE harmless on account of any such damages and shall in all respects fully and
faithfully comply with all the provisions, conditions, and requirements of said contract,
then this obligation to be void; otherwise to remain in full force and effect.
IN TESTIMONY WHEREOF, the said PRINCIPAL and the said SURETY have caused
this instrument to be signed by their respective officers this day of
2012.
PRINCIPAL
(Company Name)
By: By:
(Signature)
(Title)
(Company Name)
(Signature)
(Title)
(If PRINCIPAL is a joint venture of two or more contractors, the company names and
authorized signatures of each contractor must be affixed.)
(Name of Surety)
SURETY
(Signature of Attorney in Fact)
Page 8
State of Illinois )
) SS.
County of )
I, a Notary Public in and for said county, do hereby certify
that (names of individuals signing on
behalf of Principal and Surety) who are each personally known to me to be the same
persons whose names are subscribed to the foregoing instrument on behalf of
PRINCIPAL and SURETY, appeared before me this day in person and acknowledged
respectively, that they signed and delivered said instrument as their free and voluntary act
for the uses and purposes therein set forth.
Given under my hand and notarial seal this _ day of 2012.
Notary Public
My commission expires:
Page 9
RESOLUTION 2012- BGC- AD- AG -EX -R -1214
A RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT
BY AND BETWEEN THE VILLAGE OF OAK BROOK AND CENTURY TILE
FOR THE REMOVAL AND REPLACEMENT OF CARPET IN THE BUTLER GOVERNMENT CENTER
WHEREAS, the carpet in the Village's Butler Government Center ( "Carper') was last replaced in
1996 and is in need of replacement; and
WHEREAS, on October 10, 2012, the Village solicited bids to remove and replace the Carpet;
and
WHEREAS, the Village received four bids in response to its request for bids to remove and
replace the Carpet; and
WHEREAS, the lowest price bid to remove and replace the Carpet was for replacement of the
Carpet during regular business hours, thereby creating more disruption to Village business than would be
created by bids to perform the work during non - business hours; and
WHEREAS, the Village has determined that Century Tile ( "Century') was the low responsible
bidder to remove and replace the Carpet; and
WHEREAS, the Village and Century desire to enter into and execute an agreement for Century to
remove and replace the Carpet ( "Agreement'), attached hereto as Exhibit A; and
WHEREAS, the President and Board of Trustees have determined that it is in the best interests of
the Village to enter into the Agreement in a final form as approved by the Village Attorney;
NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: Recitals. The foregoing recitals are hereby incorporated into, and made a part
of, this Resolution as the findings of the President and Board of Trustees of the Village of Oak Brook.
Section 2: Approval of the Agreement. The President and Board of Trustees hereby
approve the Agreement by and between the Village and Century in a form acceptable to the Village
Manager and the Village Attorney.
Section 3: Authorization and Execution of the Agreement. The Village Manager and Village
Clerk shall be, and hereby are, authorized to execute the final Agreement on behalf of the Village.
Section 4: Effective Date. This Resolution shall be in full force and effect upon passage and
approval in the manner provided by law.
[SIGNATURE PAGE FOLLOWS]
Ayes:
APPROVED THIS 13" day of November, 2012
Gopal G. Lalmalani
Village President
PASSED THIS 13" day of November, 2012
ATTEST:
Charlotte K. Pruss
Village Clerk
Rewluti. 2012- BGC- AD- AG -U -R -1214
Agmt. w /Century Tile fw Carpet Rplcmnt,
Page 2 of 3
Reedutim 2012- BGC- AD- AG -EX -R -1214
Agml. w /Genlury Tile fa Carpet Rpl=M.
Page 3 M 3
EXHIBIT A
AGREEMENT