FD #93 Carpet Installation Project VILLAGE OF OAK BROOK
CONTRACT FOR THE
OAK BROOK FIRE STATION#93 CARPET INSTALLATION PROJECT
Full Name of Contractor: DeSitter Flooring, Inc. ("Contractor")
Principal Office Address: 1 Timber Court, Suite 100,Bolingbrook, Illinois 60440
Contact Person:Adam Erick, Commercial Flooring Specialist Telephone Number: (630) 771-1420
TO: Village of Oak Brook("Village")
1200 Oak Brook Road
Oak Brook, Illinois
Attention: Doug Patchin, Public Works Director
Contractor warrants and represents that Contractor has
carefully examined the Work Site described below and
has reviewed and understood all documents included,
referred to, or mentioned in this bound set of documents.
1. Work
A. Contract and Work. Contractor acknowledges,
and agrees, that Contractor shall, at its sole cost and 5. Miscellaneous. Do all other things required
expense, provide, perform, and complete, in the manner of Contractor by this Contract; and
specified and described, and upon the terms and
conditions set forth, in this Contract, all of the following, 6. Quality. Provide, perform, and complete all
all of which is herein referred to as the"Work": of the foregoing in a proper and workmanlike
manner, consistent with the standards of
1. Labor, Equipment, Materials, and Supplies. recognized professional firms in performing
Provide, perform, and complete, in the Work of a similar nature, in full compliance
manner specified and described in this with, and as required by or pursuant, to this
Contract, all necessary work, labor, services, Contract, and with the greatest economy,
transportation, equipment, materials, efficiency, and expedition consistent
supplies, information, data, and other means therewith, with only new, undamaged, and
and items necessary for the Oak Brook Fire first quality equipment, materials, and
Station #93 Carpet Installation Project, as supplies.
specified in Exhibit A attached hereto, at
725 Enterprise Drive, Oak Brook, Illinois B. Performance Standards. Contractor
60523 ("Work Site"); acknowledges and agrees that all Work shall be fully
provided, performed, and completed in accordance with
2. Permits. The Village will furnish all the proposal date September 18, 2019, attached hereto as
permits, licenses, and other governmental Exhibit A.
approvals and authorizations necessary in
connection therewith; C. Responsibility for Damage or Loss. Contractor
proposes, and agrees, that Contractor shall be
3. Insurance. Procure and furnish insurance responsible and liable for, and shall promptly and
certificates specified in this Contract; without charge to Village repair or replace, any damage
done to, and any loss or injury suffered by, the Village,
4. Taxes. Pay all applicable federal, state, and the Work, the Work Site, or other property or persons as
local taxes; a result of the Work.
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D. to nectionMmtine/Reiection 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 sole 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 4 and partial or final waivers of lien
remedies, may require correction or replacement at covering, all Work &r which payment is then
Contractor's cost, perform or have performed all Work requested and Contractor's certification that all
necessary to complete or correct all or any part of the prior payments have been properly applied to
Work that is defective, damaged, or nonconforming and the payment or reimbursement of the costs with
charge Contractor with any excess cost incurred thereby, respect to which they were paid,
or cancel all or any part of any order or this Contract..
Work so rejected may be returned or held at Contractor's 3. Contract Time
expense and risk.
Contractor acknowledges and agrees that Contractor
2 Contract Pride shall commend the Work within 15 days (weather
Contractor acknowledges permittitag) following the Village's acceptance of this
edges and agrees that Contractor Contract provided Contractor shall have furnished to the
shall take in full payment for all Work and other matters Village all bonds and all insurance certificates specified
set forth under Section 1 above, including overhead and in this Contract Mommeneernent Date"). Contractor
profit; taxes, contributions, and premiums; and farther acknowledges and agrees that Contractor shall
compensation to all subcontractors and suppliers, the perform the Work diligently and continuously and shall
compensation set finth below. complete the Work not later than November 15, 2019
("Time of Performance). The Village may modify the
A. SCHEDULE OF PRICES Time of Performance at any time upon 14 days prior
written notice to the Contractor. Delays caused by the
For providing, performing, and completing all 'Village shall extend the Time of Performance,provided,
Work,the total Contract Price of$6,18L57 however, that Contractor ehali be responsible for
completion of all Work within the Time of Performance,
TOTAL CONTRACT PRICE(n writing): notwithstanding any strike or other work stoppage by
employees of either Contractor or of the Village.
Five Thousand One Hundred and Eighty-One
Dollars and Forty-Seven Cents Only 4. Flial Assurance
B. BASIS FOR DETERMDUN-G PRICES A. insurance. Contractor acknowledges and agrees
that Contractor shall provide certificates of insurance
it is expressly understood and agreed that evidencing the minimum insurance coverages and limits
set 1. All rices stated in the Schedule of Prices Villa forth c Exhibit this
within 10 days following the
prices ge` acceptance of this Coatraet. Such policies shall
are firm and shall not be subject to be in form, and from companies, acceptable to the
dice c ion o r a e Aoocrc m"L- F411P r~ Village. The insurance coverages and limits set forth
Yhl�"r R�s�L 5 RErr�ov�p.(oma ot�crs �sr�� Exhibit B shall be deemed to be minimum coverages and
The Village is not subject to state or local limits and shall not be construed in any way as a
sales, use, and excise taxes, that rm such limitation on Contractor's duty to carry adequate
taxes are included in the Schedule of Prices, insurance or can Contractor's liability for losses or
and that all claim or right to elaim any damages under this Contract. The minimum insurance
additional compensation by reason of the coverages and limits that shall be maintained at all
payment of any such tax is hereby waived times while providing, performing, or completing the
and released; Work are as sett forth in Exhibit B.
3. All other applicable federal, state, and local
taxes of every kind and nature applicable to B. Indemnification. Contractor acknowledges and
the Work are included in the Schedule of agrees that Contractor shall indemnW and. save
Prices. harmless the Village its officers, officials,employees and
volunteers, against all damages, liability,claims, losses,
C. TIME OF,PAYMENT and expenses(including attorneys,fee)that may arise,or
be alleged to have arisen, out of or in connection with
6006 deposit is required with door order. It is Coutractor's performance of or failure to perform, the
expressly understood and agreed that final Work or any part thereo& or any failure to meet the
payment shall be made upon completion of the representations and warranties set forth in Section 6 of
work and final approval by the Village. this Contract.
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D. Penalties. Contractor acknowledges and agrees D. Qualified. Contractor has the requisite
that Contractor shall be solely liable for any fines or civil experience, ability, capital, facilities, plant, organization,
penalties that are imposed by any governmental or and staff to enable Contractor to perform the Work
quasi-governmental agency or body that may arise, or be successfully and promptly and to commence and
alleged to have arisen, out of or in connection with complete the Work within the Contract Price and
Contractor's performance of, or failure to perform, the Contract Time set forth above.
Work or any part thereof.
7. Acknowleds(ements
5. Firm Proposal
In submitting this Contract, Contractor
All prices and other terms stated in this Contract are acknowledges and agrees that:
firm and shall not be subject to withdrawal, escalation,
or change. A. Reliance. The Village is relying on all
warranties, representations, and statements made by
6. Contractor's Representations and Warranties Contractor in this Contract.
In order to induce the Village to accept this Contract, B. Acceptance. If this Contract is accepted,
Contractor hereby represents and warrants as follows: Contractor shall be bound by each and every term,
condition, or provision contained in this Contract.
A. The Work. The Work, and all of its components,
shall strictly conform to the requirements of this C. Remedies. Each of the rights and remedies
Contract, including, without limitation, the performance reserved to the Village in this Contract shall be
standards set forth in Subsection 1B of this Contract; cumulative and additional to any other or further
and shall be fit, sufficient, and suitable for the purposes remedies provided in law or equity or in this Contract.
expressed in, or reasonably inferred from, this Contract
and the warranties expressed herein shall be in addition D. Time. Time is of the essence in the performance
to any other warranties expressed or implied by law, of all terms and provisions of this Contract and, except
which are hereby reserved unto the Village. where stated otherwise references in this Contract to
days shall be construed to refer to calendar days and
B. Compliance with Laws. The Work, and all of its time.
components, shall be provided, performed, and completed
in compliance with, and Contractor agrees to be bound E. No Waiver. No examination, inspection,
by, all applicable federal, state, and local laws, orders, investigation, test, measurement, review, determination,
rules, and regulations, as they may be modified or decision, certificate, or approval by the Village, whether
amended from time to time,including without limitation, before or after the Village's acceptance of this Contract;
if applicable, the Prevailing Wage Act, 820 ILCS nor any information or data supplied by the Village,
130/0.01 et seg.; any other prevailing wage laws; any whether before or after the Village's acceptance of this
statutes requiring preference to laborers of specified Contract; nor any order by the Village for the payment of
classes; any statutes prohibiting discrimination because money; nor any payment for, or use, possession, or
of, or requiring affirmative action based on, race, creed, acceptance of, the whole or any part of the Work by the
color, national origin, age, sex, or other prohibited Village; nor any extension of time granted by the Village;
classification; and any statutes regarding safety or the nor any delay by the Village in exercising any right
performance of the Work. Further, Contractor shall under this Contract; nor any other act or omission of the
have a written sexual harassment policy in compliance Village shall constitute or be deemed to be an acceptance
with Section 2-105 of the Illinois Human Rights Act of any defective, damaged, or nonconforming Work, nor
during the course of the work. operate to waive or otherwise diminish the effect of any
representation or warranty made by Contractor; or of
C. Not Barred. Contractor is not barred by law any requirement or provision of this Contract; or of any
from contracting with the Village or with any other unit remedy, power, or right of the Village.
of state or local government as a result of (i) a
delinquency in the payment of any tax administered by F. Severability. It is hereby expressed to be the
the Illinois Department of Revenue unless Contractor is intent of the parties to this Contract that should any
contesting, in accordance with the procedures provision, covenant, agreement, or portion of this
established by the appropriate Revenue Act, its liability Contract or its application to any Person or property be
for the tax or the amount of tax, as set forth in 65 ILCS held invalid by a court of competent jurisdiction, the
5/11-42.1-1; or (ii) a violation of either Section 33E-3 or remaining provisions of this Contract and the validity,
Section 33E-4 of Article 33 of the Criminal Code of 1961, enforceability, and application to any Person or property
720 ILCS 5/33E-1 et seg. 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
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of this Contract to the greatest extent permitted by Department of Labor and his or hers deputies and
applicable law. agents; and P at all reasonable hours at a location
within this State.
G. Amendments apd Modifications. No amendment
or modification to this Contract shall be effective until it K. CQUffiCtS of Interest. Contractor represents and
is reduced to writing and approved and executed by the certifies that, to the best of its knowledge, (1) no elected
corporate authorities of the parties in accordance with all or appointed Village official, officer, employee, or agent
applicable statutory procedures. has a personal financial interest in the business of the
Contractor or in this Agreement, or has personally
H. Neither this Contract, nor any received payment or other consideration for this
interest herein, shall be assigned or subcontracted, in Agreement; (2)as of the date of this Agreement,neither
whole or in part, by Contractor except upon the prior C.ontracUw nor any person employed or associated with
written consent of the Village. Contractor has any interest that would conflict in any
manner or degree with the performance of the
I. Go mine Law: Venue. This Contract shall be obligations under this Agreement, and (ll) neither
governed by, construed and enforced in accordance with Contractor nor any person employed by or associated
the internal laws, but not the conflicts of laws rales, of with Contractor shall at any time during the term of this
the State of Illinois. Venue far any action arising out of Agreement obtain or acquire any interest that would
or due to this Contract shall be in the Circuit Court for conflict in any manner or degree with the performance of
DuPage County,Illinois. the obligations under this Agreement.
J. Certified Contractor shall, in L. Fixhibfts and Other Aereements. If any conflict exists
accordance with Section 5 of the 11 wis Prevailing Wage between this
Act,82t}17.CS 13+6!5, submit to the Village,on a monthly Agreement and any exhibit attached hereto
or any other Agreement between the parties relating to
basis, a certified payroll, if applicable. The certified this transaction, the terms of this Agreement shall
payroll shall consist of a complete copy of those records prevail
required to be made and kept by the Prevailing Wage
Act. The certified payroll shall be accompanied by a M. No Disclosure of Confidential Information by the
statement signed by the Contractor or subcontractor Consultant. The Consultant acknowledges that it
which certifies that: (1) such records are true and
accurate; (2) the hourly rate paid is not less, ti shall,in performing the Services for the Vr118ge under
applicable, than the general prevailing rate of hourly this Agreement, have access, or be directly or
wages required by the Prevailing Wage Act; and (3) indirectly exposed, to Confidential Information. The
Contractor or subcontractor is aware that filing a Consultant shall hold cvnfide�atial all Confidential
certified payroll that he or she knows to be false is a Information and shall not disclose or use such
Class B misdemeanor. A general contractor may rely Confidential. Information without the express prior
upon the certification of a lower tier subcontractor, written consent of the Village. The Consultant shall
provided that the general contractor does not knowingly use reasonable measures at least as strict as those the
rely upon a subcontractor's false certification. Upon two Consultant uses to protect its own confidential
business days'notice, Contractor and each subcontractor information. Such measures shall include, without
shall make available for inspection the records required limitation, requiring employees and subcontractors of
to be made and kept by the Act: (i) to the Village, its the Consultant to execute a nondisclosure agreement
officers and agents, and to the Director of the Minois before obtaining access to Confidential Information.
IN WITNESS WHEREOF the parties hereto VILLAGE OF OAK BROOK, an Illinois
have caused this Agreemen to be executed,
effective on� 2019.
By
Village Clerk Village Manager
AMS
its Its:
e
�c wr cnnwt
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EXHIBIT A
(PROPOSAL DATED SEPTEMBER 18, 2019)
5
ESTIMATE JE013674-002
De
y r1 TIMB R FLOORING,INC
(, 1 TIMBER COURT STE 100
®` '�"O BOLINGBROOK,IL 60440
LOURING (630)771-1420
ESTIMATE Date 09/18/19 PREVAILING WAGE INSTALL CARPET TILE JE013674-002
VILLAGE OF OAK BROOK VILLAGE OF OAK BROOK
ATTN:DOUG HROBA FIRE DEPARTMENT
2606 YORK ROAD 725 ENTERPRISE STATION 93
OAK BROOK,IL 60523 OAK BROOK,IL 60523
•: Salesperson 1
331�12-�4002�2-55�485 INSTALL CARPET TILE ADAM ERICK
iilflrilY� •r ,
PREVAILING WAGE ESTIMATE
stylemem Color/Desc Manufacturer
INTERFACE RELEASABLE 4-GALLON PAILS INTERFACE
CARPET TILE ADHESIVE
Supply 4 gallon Interface specified carpet tile adhesive.
INSTALL CARPET TILE SUB CONTRACT
Labor to install 19.75" x 19. 75" carpet tiles supplied by the customer.
SKIM COAT-COMMERCIAL SUB CONTRACT
Labor and materials to skim coat concrete prior to carpet tile installation.
TAKE UP/GLUED CPT SUB CONTRACT
Labor to take up existing glue down carpet.
HAUL AWAY CARPET SUB CONTRACT
Labor to Haul away existing carpeting.
DISPOSAL CARPET SUB CONTRACT
Disposal of existing carpet in Desitter' s off site dumpsters.
WALL BASE JO 1/8"VINYL TO BE DETERMINED
COVE 4"
Supply 4" vinyl cove base in color to be determined by Johnsonite.
INSTALL WALL BASE VINYL SUB CONTRACT
Labor to install vinyl wall base around the perimeter of rooms to replace
existing.
9/18/2019 Page No: 1
ESTIMATE JE013674-002
DESITTER FLOORING,INC
1 TIMBER COURT STE 100
De BOLINGBROOK,IL 60440
&F%LOgRC:7r
(630)771-1420
ESTIMATE Date 09/18/19 PREVAILING WAGE INSTALL CARPET TILE JE013674-002
VILLAGE OF OAK BROOK VILLAGE OF OAK BROOK
ATTN:DOUG HROBA FIRE DEPARTMENT
2606 YORK ROAD 725 ENTERPRISE STATION 93
OAK BROOK,IL 60523 OAK BROOK,IL 60523
1, Salesperson I
-
312-402-5485 INSTALL CARPET TILE ADAM ERICK
.. - •� Salesperson 2
PREVAILING WAGE ESTIMATE
Style/item Color/Desc Manufacturer
REMOVE OLD WALL BASE SUB CONTRACT
Labor to remove old wall base.
#154 VINYL SNAP-DOWN BLACK ROPPE
EDGING 1-9/64"-STOCK
Supply vinyl snap in transitions as needed.
METAL CPT TRACK GLUE SAME LOXCREEN
Supply metal carpet track to work in conjunction with vinyl snap in
transitions.
METAL CPT TD GLUE SILVER SAME LOXCREEN
Supply silver metal tap down transitions in doorways as needed.
LABOR OTHER SUB CONTRACT
Labor to remove and reinstall thresholds.
9/18/2019 Page No: 2
ESTIMATE JE013674-002
DESITTER FLOORING,INC
AYA.Nb*ld 1W DeAwcr
1 TIMBER COURT STE 100
BOLINGBROOK,IL 60440
(630)771-1420
ESTIMATE Date 09/18/19 PREVAILING WAGE INSTALL CARPET TILE JE013674-002
VILLAGE OF OAK BROOK VILLAGE OF OAK BROOK
ATTN:DOUG HROBA FIRE DEPARTMENT
2606 YORK ROAD 725 ENTERPRISE STATION 93
OAK BROOK,IL 60523 OAK BROOK,IL 60523
312-402-5485 INSTALL CARPET TILE ADAM ERICK
.. •� Salesperson 2
PREVAILING WAGE ESTIMATE
Style/Item Color/Desc Manufacturer
* This estimate includes prevailing wage labor.
* This estimate does not include moving of any furniture or any other items.
*NOTE: Material prices as quoted are good for a period of thirty days from the date of
proposal.
•NOTE: Floor preparation (patching / smoothing of substrate flooring) if required, would
charged at an additional rate of $67.00 per man hour plus materials. The amount of
floor preparation (if any) cannot be determined prior to the removal of the existing
floor coverings.
* Terms: a one third deposit or a purchase order is required at the time of order with
the balance due net fourteen days from completion.
We will complete the work in a timely and professional manner and are fully insured. We
thank you for the opportunity to submit this proposal and look forward to providing you
with quality floor coverings and workmanship. If you have any questions, please call us
at (630) 771-1420 or on my cell phone at (708)549-4470.
JE013674-002
Est Subtotal $5,181.47
Sales Tax $0.00
Misc Tax $0.00
9/18/2019 Page No: 3 Total $5,181.47
ESTIMATE JE013674-002
DESITTER FLOORING,INC
&00RL?VGE:;7r
� 1 TIMBER COURT STE 100
Bed�17° BOLINGBROOK,IL 60440
(630)771-1420
ESTIMATE Date 09/18/19 PREVAILING WAGE INSTALL CARPET TILE JE013674-002
VILLAGE OF OAK BROOK VILLAGE OF OAK BROOK
ATTN:DOUG HROBA FIRE DEPARTMENT
2606 YORK ROAD 725 ENTERPRISE STATION 93
OAK BROOK,IL 60523 OAK BROOK,IL 60523
E&OW J, •s
312-402-5485 INSTALL CARPET TILE ADAM ERICK
.. • Salesperson 2
PREVAILING WAGE ESTIMATE
Style/item Color/Desc Manufacturer
Adam Erick, Commercial Flooring Specialist
DeSitter Flooring, Inc.
Accepted By: Date:
3%add-on fee for payment by CREDIT CARD on commercial sales.
I approve this quote as well as the terms and conditions.
JE013674-002
Est Subtotal $5,181.47
Sales Tax $0.00
Misc Tax $0.00
9/18/2019 Page No: 4 Total $5,181.47
EXHIBIT B
(INSURANCE REQUIREMENTS)
Certificates of Insurance shall be presented to the Village upon execution of this contract and vendor shall not
commence work until it provides and receives acceptance of insurance certificates from the Village as required by
this exhibit.
Each contractor performing any work pursuant to a contract with the Village of Oak Brook and each permittee
working under a permit as required pursuant to the provisions of Title 1 of Chapter 8 of the Code of Ordinances of
the Village of Oak Brook (hereinafter referred to as "Insured") shall be required to carry such insurance as
specified herein. Such contractor and permittee shall procure and maintain for the duration of the contract or
permit insurance against claims for injuries to persons or damages to property which may arise from or in
connection with the performance of the work under the contract or permit, either by the contractor, permittee, or
their agents,representatives, employees or subcontractors.
A contractor or permittee shall maintain insurance with limits no less than:
A. General Liability - $2,000,000 combined single limit per occurrence for bodily injury, personal injury and
property damage;
B. Automobile Liability (if applicable) - $1,000,000 combined single limit per accident for bodily injury and
property damage;
C. Worker's Compensation and Employer's Liability-Worker's Compensation limits as required by the Labor
Code of the State of Illinois and Employer's Liability limits of$1,000,000 per accident.
Any deductibles or self-insured retention must be declared to and approved by the Village. At the option of the
Village, either the insurer shall reduce or eliminate such deductible or self-insured retention as respects the
Village, its officers, officials, employees and volunteers; or the Insured shall procure a bond guaranteeing
payment of losses and related investigations, claim administration and defense expenses to the extent of such
deductible or self-insured retention.
The policies shall contain,or be endorsed to contain, the following provisions:
D. General Liability and Automobile Liability Coverage-
(1)The Village,its officers,officials,employees and volunteers are to be covered as additional insureds as
respects: liability arising out of activities performed by or on behalf of the Insured; premises owned,
occupied or used by the Insured. The coverage shall contain no special limitations on the scope of
protection afforded to the Village, its officers, officials,employees,volunteers,or agents.
(2)The Insured's insurance coverage shall be primary insurance as respects the Village, its officers,
officials, employees, volunteers and agents. Any insurance or self-insurance maintained by the
Village, its officers, officials, employees, volunteers or agents shall be in excess of the Insured's
insurance and shall not contribute with it.
(3)Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the
Village,its officers,officials, employees,volunteers or agents.
(4)The Insured's insurance shall apply separately to each covered party against whom claim is made or
suit is brought except with respect to the limits of the insurer's liability.
E. Worker's Compensation and Employer's Liability Coverage
The policy shall waive all rights of subrogation against the Village, its officers, officials, employees,
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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.
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