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Police Dept. Evidence Pass-Thru Lockers Install. Proj. VILLAGE OF OAK BROOK CONTRACT FOR THE POLICE DEPARTMENT EVIDENCE PASS-THRU LOCKERS INSTALLATION PROJECT Full Name of Contractor: Wolter, Inc. ("Contractor") Principal Office Address: 490 West North Frontage Road, Bolingbrook, Illinois 60440 Contact Person:Ken Pahlke Telephone Number: (630)220-4216 TO: Village of Oak Brook("Village") 1200 Oak Brook Road Oak Brook, Illinois Attention: Brian Strockis, Police Chief Contractor warrants and represents that Contractor has carefully examined the Work Sites described below and has reviewed and understood all documents included, referred to, or mentioned in this bound set of documents. 1. Work A. Contract and Work. Contractor acknowledges, 5. Miscellaneous. Do all other things required and agrees, that Contractor shall, at its sole cost and of Contractor by this Contract; and expense, provide, perform, and complete, in the manner specified and described, and upon the terms and 6. Quality. Provide, perform, and complete all conditions set forth, in this Contract, all of the following, of the foregoing in a proper and workmanlike all of which is herein referred to as the"Work": manner, consistent with the standards of recognized professional firms in performing 1. Labor, Equipment Materials and Supplies. Work of a similar nature, in full compliance Provide, perform, and complete, in the with, and as required by or pursuant, to this manner specified and described in this Contract, and with the greatest economy, Contract, all necessary work, labor, services, efficiency, and expedition consistent transportation, equipment, materials, therewith, with only new, undamaged, and supplies, information, data, and other means first quality equipment, materials, and and items necessary for the Police supplies. Department Pass-Thru Evidence Lockers Installation Project, as specified in Exhibit B. Performance Standards. Contractor A, attached hereto, located 1200 Oak Brook acknowledges and agrees that all Work shall be fully Road, Oak Brook, Illinois 60523 ("Work provided, performed, and completed in accordance with Site"); the Quote #QUO-45531-Y7K3R3, dated October 25, 2022, attached hereto as Exhibit A. In the event the 2. Permits. The Village will furnish all quality of service becomes unacceptable, the Village permits, licenses, and other governmental reserves the right to cancel the contract after giving approvals and authorizations necessary in thirty(30) day written notice. connection therewith; C. Responsibility for Damage or Loss. Contractor 3. Bonds and Insurance. Procure and furnish proposes, and agrees, that Contractor shall be all bonds and all insurance certificates and responsible and liable for, and shall promptly and policies of insurance specified in this without charge to Village repair or replace, any damage Contract; done to, and any loss or injury suffered by, the Village, the Work, the Work Site, or other property or persons as 4. Taxes. Pay all applicable federal, state, and a result of the Work. localtaxes; 1 D. Inspection/Testing/Reiection. Village shall have All payments may be subject to deduction or the right to inspect all or any part of the Work and to setoff by reason of any failure of Contractor to reject all or any part of the Work that is, in Village's perform under this Contract. Each payment judgment, defective or damaged or that in any way fails shall include Contractor's certification of the to conform strictly to the requirements of this Contract value of, and partial or final waivers of lien and the Village, without limiting its other rights or covering, all Work for which payment is then remedies, may require correction or replacement at requested and Contractor's certification that all Contractor's cost, perform or have performed all Work prior payments have been properly applied to necessary to complete or correct all or any part of the the payment or reimbursement of the costs with Work that is defective, damaged, or nonconforming and respect to which they were paid. charge Contractor with any excess cost incurred thereby, or cancel all or any part of any order or this Contract. 3. Contract Term Work so rejected may be returned or held at Contractor's Contractor acknowledges and agrees that Contractor expense and risk. shall commence the Work within 15 days (weather permitting) following the Village's acceptance of this 2. Contract Price Contract provided Contractor shall have furnished to the Village all bonds and all insurance certificates specified Contractor acknowledges and agrees that Contractor in this Contract ("Commencement Date"). Contractor shall take in monthly payments for all Work and other further acknowledges and agrees that Contractor shall matters set forth under Section 1 above, including perform the Work diligently and continuously and shall overhead and profit; taxes, contributions, and premiums; complete the Work no later than March 3, 2023 ("Time and compensation to all subcontractors and suppliers, of Performance"). The Village may modify the Time of the compensation set forth below. Performance at any time upon 15 days prior written notice to the Contractor. Delays caused by the Village A. SCHEDULE OF PRICES shall extend the Time of Performance; provided, however, that Contractor shall be responsible for For providing, performing, and completing all completion of all Work within the Time of Performance, Work, the Not-To-Exceed Contract Price of notwithstanding any strike or other work stoppage by $19,174.00 employees of either Contractor or of the Village. TOTAL CONTRACT PRICE (in writing): 4. Financial Assurance Nineteen Thousand, One Hundred and A. Bonds. If the total contract cost is $20,000.00 or Seventy-Four Dollars Only more, the Contractor acknowledges and agrees that Contractor shall provide a Performance Bond, on forms B. BASIS FOR DETERMINING PRICES provided by, or otherwise acceptable to, the Village, from a surety company acceptable to the Village, each in the It is expressly understood and agreed that: penal sum of the Contract Price, within 10 days following the Village's acceptance of this Contract. 1. All prices stated in the Schedule of Prices are firm and shall not be subject to B. Insurance. Contractor acknowledges and agrees escalation or change; that Contractor shall provide certificates of insurance evidencing the minimum insurance coverages and limits 2. The Village is not subject to state or local set forth in Exhibit B within 10 days following the sales, use, and excise taxes, that no such Village's acceptance of this Contract. Such policies shall taxes are included in the Schedule of Prices, be in form, and from companies, acceptable to the and that all claim or right to claim any Village. The insurance coverages and limits set forth additional compensation by reason of the Exhibit B shall be deemed to be minimum coverages and payment of any such tax is hereby waived limits and shall not be construed in any way as a and released; limitation on Contractor's duty to carry adequate insurance or on Contractor's liability for losses or 3. All other applicable federal, state, and local damages under this Contract. The minimum insurance taxes of every kind and nature applicable to coverages and limits that shall be maintained at all the Work are included in the Schedule of times while providing, performing, or completing the Prices. Work are as set forth in Exhibit B. C. TIME OF PAYMENT C. Indemnification. Contractor acknowledges and agrees that Contractor shall indemnify and save It is expressly understood and agreed that the harmless the Village, its officers, officials, employees and Village shall only make any final payments upon volunteers, against all damages, liability, claims, losses, completion of the work and final approval. and expenses (including reasonable attorneys' fee) that 2 may arise, or be alleged to have arisen, out of 5/11-42.1-1; or (ii) a violation of either Section 33E-3 or Contractor's performance of, or failure to perform, the Section 33E-4 of Article 33 of the Criminal Code of 1961, Work or any part thereof, or any failure to meet the 720 ILCS 5/33E-1 et seg. representations and warranties set forth in Section 6 of this Contract. D. Qualified. Contractor has the requisite experience, ability, capital, facilities, plant, organization, D. Penalties. Contractor acknowledges and agrees and staff to enable Contractor to perform the Work that Contractor shall be solely liable for any fines or civil successfully and promptly and to commence and penalties that are imposed by any governmental or complete the Work within the Contract Price and quasi-governmental agency or body that may arise, or be Contract Time set forth above. alleged to have arisen, out of or in connection with Contractor's performance of, or failure to perform, the 7. Acknowledgements Work or any part thereof. In submitting this Contract, Contractor 5. Firm Proposal acknowledges and agrees that: All prices and other terms stated in this Contract are A. Reliance. The Village is relying on all firm and shall not be subject to withdrawal, escalation, warranties, representations, and statements made by or change. Contractor in this Contract. 6. Contractor's Representations and Warranties B. Acceptance. If this Contract is accepted, Contractor shall be bound by each and every term, In order to induce the Village to accept this Contract, condition, or provision contained in this Contract. Contractor hereby represents and warrants as follows: C. Remedies. Each of the rights and remedies A. The Work. The Work, and all of its components, reserved to the Village in this Contract shall be shall strictly conform to the requirements of this cumulative and additional to any other or further Contract, including, without limitation, the performance remedies provided in law or equity or in this Contract. standards set forth in Subsection 1B of this Contract; and shall be fit, sufficient, and suitable for the purposes D. Time. Time is of the essence in the performance expressed in, or reasonably inferred from, this Contract of all terms and provisions of this Contract and, except and the warranties expressed herein shall be in addition where stated otherwise references in this Contract to to any other warranties expressed or implied by law, days shall be construed to refer to calendar days and which are hereby reserved unto the Village. time. B. Compliance with Laws. The Work, and all of its E. No Waiver. No examination, inspection, components, shall be provided, performed, and completed investigation, test, measurement, review, determination, in compliance with, and Contractor agrees to be bound decision, certificate, or approval by the Village, whether by, all applicable federal, state, and local laws, orders, before or after the Village's acceptance of this Contract; rules, and regulations, as they may be modified or nor any information or data supplied by the Village, amended from time to time, including without limitation, whether before or after the Village's acceptance of this if applicable, the Prevailing Wage Act, 820 ILCS Contract; nor any order by the Village for the payment of 130/0.01 et seg.; any other prevailing wage laws; any money; nor any payment for, or use, possession, or statutes requiring preference to laborers of specified acceptance of, the whole or any part of the Work by the classes; any statutes prohibiting discrimination because Village; nor any extension of time granted by the Village; of, or requiring affirmative action based on, race, creed, nor any delay by the Village in exercising any right color, national origin, age, sex, or other prohibited under this Contract; nor any other act or omission of the classification; and any statutes regarding safety or the Village shall constitute or be deemed to be an acceptance performance of the Work. Further, Contractor shall of any defective, damaged, or nonconforming Work, nor have a written sexual harassment policy in compliance operate to waive or otherwise diminish the effect of any with Section 2-105 of the Illinois Human Rights Act representation or warranty made by Contractor; or of during the course of the work. any requirement or provision of this Contract; or of any remedy, power, or right of the Village. C. Not Barred. Contractor is not barred by law from contracting with the Village or with any other unit F. Severability. It is hereby expressed to be the of state or local government as a result of (i) a intent of the parties to this Contract that should any delinquency in the payment of any tax administered by provision, covenant, agreement, or portion of this the Illinois Department of Revenue unless Contractor is Contract or its application to any Person or property be contesting, in accordance with the procedures held invalid by a court of competent jurisdiction, the established by the appropriate Revenue Act, its liability remaining provisions of this Contract and the validity, for the tax or the amount of tax, as set forth in 65 ILCS enforceability, and application to any Person or property 3 shall not be impaired thereby, but the remaining ascertained by the Department of Labor and made provisions shall be interpreted, applied, and enforced so available on the Department's Official website, or as to achieve, as near as may be, the purpose and intent determined by the court on review, shall be paid for each of this Contract to the greatest extent permitted by craft or type of worker needed to execute this contract or applicable law. to perform such work, and it shall be mandatory upon the contractor to whom the contract is awarded and upon G. Amendments and Modifications. No amendment any subcontractor under him, to pay not less than the or modification to this Contract shall be effective until it specified rates to all laborers, workers and mechanics is reduced to writing and approved and executed by the employed by them in the execution of this contract. corporate authorities of the parties in accordance with all applicable statutory procedures. L. Conflicts of Interest. Contractor represents and certifies that, to the best of its knowledge, (1) no elected H. Assignment. Neither this Contract, nor any or appointed Village official, employee or agent has a interest herein, shall be assigned or subcontracted, in personal financial interest in the business of the whole or in part, by Contractor except upon the prior Contractor or in this Agreement, or has personally written consent of the Village. received payment or other consideration for this Agreement; (2) as of the date of this Agreement, neither 1. Governing Law; Venue. This Contract shall be Contractor nor any person employed or associated with governed by, construed and enforced in accordance with Contractor has any interest that would conflict in any the internal laws, but not the conflicts of laws rules, of manner or degree with the performance of the the State of Illinois. Venue for any action arising out of obligations under this Agreement; and (3) neither or due to this Contract shall be in the Circuit Court for Contractor nor any person employed by or associated DuPage County, Illinois. with Contractor shall at any time during the term of this Agreement obtain or acquire any interest that would J. Certified Payrolls. Contractor shall, in conflict in any manner or degree with the performance of accordance with Section 5 of the Illinois Prevailing Wage the obligations under this Agreement. Act, 820 ILCS 130/5, submit to the Village, and upon activation of the database provided by 820 ILCS 130/5.1 M. Exhibits and Other Agreements. If any conflict to the Department of Labor, on a monthly basis, a exists between this Agreement and any exhibit attached certified payroll. The certified payroll shall consist of a hereto or any other Agreement between the parties complete copy of those records required to be made and relating to this transaction, the terms of this Agreement kept by the Prevailing Wage Act. The certified payroll shall prevail. shall be accompanied by a statement signed by the Contractor or subcontractor which certifies that: (1) such N. No Disclosure of Confidential Information by records are true and accurate; (2) the hourly rate paid is the Consultant. The Consultant acknowledges that it not less than the general prevailing rate of hourly wages shall, in performing the Services for the Village under required by the Prevailing Wage Act; and (3) Contractor this Agreement, have access, or be directly or or subcontractor is aware that filing a certified payroll indirectly exposed, to Confidential Information. The that he or she knows to be false is a Class A Consultant shall hold confidential all Confidential misdemeanor. A general contractor may rely upon the certification of a lower tier subcontractor, provided that Information and shall not disclose or use such the general contractor does not knowingly rely upon a Confidential Information without the express prior subcontractor's false certification. Upon seven business written consent of the Village. The Consultant shall days' notice, Contractor and each subcontractor shall use reasonable measures at least as strict as those the make available for inspection and copying at a location Consultant uses to protect its own confidential within this State during reasonable hours, the records information. Such measures shall include, without required to be made and kept by the Act to: (i) the limitation, requiring employees and subcontractors of Village, its officers and agents; (ii) the Director of Labor the Consultant to execute a non-disclosure agreement and his deputies and agents; and (iii) to federal, State, or before obtaining access to Confidential Information. local law enforcement agencies and prosecutors. K. Prevailing Wage. Pursuant to Section 4 of the Illinois Prevailing Wage Act, 820 ILCS 130/4, Contractor agrees and acknowledges that not less than the applicable rate of prevailing of wages, as found or 4 IN WITNESS WHEREOF the parties hereto VILLAGE OF OAK BROOK, an Illinois have caused,this Agreement-to be executed. municipal corporation effective on Ah,,VLr4V A5', 2022. ATTEST: By: Charlotte Pruss, Village Clerk Greg Su ers. VillageManager ATTEST: WOLTER,INC. By: By: Its: Its: mAmk*i?. 5 EXHIBIT A (QUOTE#QUO-45531-Y7K3R3,DATED OCTOBER 25, 2022) 6 EXHIBIT B (INSURANCE REQUIREMENTS) Certificates of Insurance shall be presented to the Village upon execution of this contract and vendor shall not commence work until it provides and receives acceptance of insurance certificates from the Village as required by this exhibit. Each contractor performing any work pursuant to a contract with the Village of Oak Brook and each permittee working under a permit as required pursuant to the provisions of Title 1 of Chapter 8 of the Code of Ordinances of the Village of Oak Brook (hereinafter referred to as "Insured") shall be required to carry such insurance as specified herein. Such contractor and permittee shall procure and maintain for the duration of the contract or permit insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work under the contract or permit, by either the contractor, permittee, or their agents, representatives, employees or subcontractors. A contractor or permittee shall maintain insurance with limits no less than: A. General Liability- $2,000,000 per occurrence for bodily injury, personal injury and property damage; B. Automobile Liability (if applicable) - $1,000,000 combined single limit per accident for bodily injury and property damage; C. Worker's Compensation and Employer's Liability - Worker's Compensation limits as required by the Labor Code of the State of Illinois and Employer's Liability limits of$1,000,000 per accident. Any deductibles or self-insured retention must be declared to and approved by the Village. The policies shall contain,or be endorsed to contain, the following provisions: D. General Liability and Automobile Liability Coverage - (1)The Village, its officers, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of the Insured;premises owned, occupied or used by the Insured. The coverage shall contain no special limitations on the scope of protection afforded to the Village, its officers, officials, employees, volunteers,or agents. (2)The Insured's insurance coverage shall be primary insurance as respects the Village, its officers, officials, employees, volunteers and agents. Any insurance or self-insurance maintained by the Village, its officers, officials, employees, volunteers or agents shall be in excess of the Insured's insurance and shall not contribute with it. (3)Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Village, its officers,officials,employees, volunteers or agents. (4)The Insured's insurance shall apply separately to each covered party against whom claim is made or suit is brought except with respect to the limits of the insurer's liability. E. Worker's Compensation and Employer's Liability Coverage The policy shall waive all rights of subrogation against the Village, its officers, officials, employees, volunteers and agents for losses arising from work performed by the insured for the Village. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail has been given to the Village. Each insurance policy shall name the Village, its officers, officials and employees, volunteers and agents as additional Insureds. Insurance is to be placed with insurers with a Best's rating of no less than A:VII. 7 Each Insured shall furnish the Village with certificates of insurance and with original endorsements effecting coverage required by this provision. The certificate and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms approved by the Village and shall be subject to approval by the Village Attorney before work commences. The Village reserves the right to require complete,certified copies of all required insurance policies, at any time. Each insured shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 8 Yff WOLTER Accelerate Your Productivity PROPOSAL FOR: Oak Brook Police Department Evidence Pass-Thru Lockers Kurt Kaleciak Prepared By: Ken Pahlke CUSTOMER: Oak Brook Police Department SHIP TO: Oak Brook Police Department 1200 Oak Brook Rd. 1200 Oak Brook Rd. Oak Brook, IL 60523 Oak Brook, IL 60523 Contact : Kurt Kaleciak Shipping : Prepay&Add Phone : Lead Time : 12-16 weeks Terms : Net 30 Days with Credit Approval FOB : Factory Quote Date Quote No. Rev County Prepared By 10/25/2022 QUO-45531-Y7K3R3 0 17043- Dupage Ken Pahlke We would like to thank you for the opportunity to quote on your Material Handling Equipment requirements. We propose to furnish the equipment, parts or service described herein, in accordance with the specifications, terms and conditions outlined. We are pleased to offer the following: Mfr Model Description Qty Sell Each Total Tiffin 08AE 8 Door Evidence Pass-Thru Lockers 36"w 1 $5,400.00 $5,400.00 Equipment x 24"d x 82"h all doors with keyless lift latch operation and a mailslot located on Left"V"door. Tiffin 09AA 9 Door Evidence Pass-Thru Locker 36"w x 1 $6,348.00 $6,348.00 Equipment 24"d x 82"h with one 6X door with Digilock pass back functionality. All other doors are keyless lift latch operation. Includes Digital Override and Digital Programming Keys for Digilock. Installation Union Installation as per details below 1 $1,650.00 $1,650.00 Freight Estimated Freight at time of quote-actual 1 $1,100.00 $1,100.00 to be billed at time of shipment Tiffin 1806AA 6 Door Evidence Pass Thru Locker 18"w x 1 $4,676.00 $4676.00 Equipment 24"d x 82"h,this is a 2406AA modified to 18"w. All doors are keyless lift latch operation. Total Net Price: $19,174.00 Additional Notes: Pricing is good on orders received by 12/31/2022. After that date pricing must be reviewed and if necessary adjusted. This does not mean the pricing will automatically increase, only that the steel mills will only lock in the pricing for so long. ■ t—M nnl O� illlll�❑� IL �■ oo Q Material Automation Cranes Engineered Standby Power Workplace Industrial Railcar Handling 6 Robotics &Hoists Systems b Generators Storage Storage a Handling Movers Installation Notes: Locker opening must be modified by client to 83" h x 91"w to accommodate the new lockers. (2) 36"w and (1) 18"w locker compose this size opening. *One Phase Installation- Union- Prevailing Wage. *Work Performed During Normal Business Hours (after hours available at extra cost). *Assumes Reserved Dock and Freight Elevator large enough to accommodate the material being delivered. *If delivery location is a construction site, assumes a paved surface capable of holding a full size semi-truck and trailer and a paved surface from the point of unload into the building without any steps or obstacles that require us to remove equipment from dollies and hand carry. *Use of Elevator for Installations and Removal of Packing Materials above or below the Point of Delivery is Assumed (stair carry is available at an extra cost). *Clear Path to Room of Install with No Stairs or Obstacles. *Area of Install is Finished with Working Lighting, HVAC, Floor Covering, Painted, Etc. *Area of Install is Empty with Adequate Space to for Installers to Maneuver During Assembly. *Temporary Staging Space Outside the Install Area During Time of Install. *All Packing Materials to Client Provided Dumpster(removal from site available at extra cost). *If we take delivery of equipment but are unable to install, there will be extra labor costs to receive and stage the product as this becomes a double handling event. The cost cannot be determined ahead of time and will be based on conditions present at the time the event occurs. The parameters above are what the installation cost for the project was based on. We can accommodate variances in these conditions. Depending on the variance, additional costs could be incurred. It is the client's responsibility to make sure all conditions are in place on the days of delivery and installation. Should we find conditions are not as described, we will do our best to make the client aware of the issue as soon as is practical. Sometimes when it is clear nothing can be immediately done to correct the situation (power outage, broken elevator, etc.), or the client is not responding within 15 minutes, we will select the best alternative solution and move forward. Client agrees that in these situations they defer to our best judgment and will cover any additional costs. Non-standard components are non-cancellable and non-returnable. Any approved returns are subject to return freight and applicable restock fees. Freight and tax are not included. If you have questions or need additional information, please contact Ken Pahlke at 630- 220-4216. Please Email purchase orders to mrstorage(a)wolterinc.com or fax to(262) 781-2531. .aim � 0 siiiii •��� . T-1 o ■ oce❑ Material Automation Cranes Engineered Standby Power Workplace Industrial Railcar Handling &Robotics &Hoists Systems &Generators Storage Storage&Handling Movers 36" w Lockers Below Mailslot D ® X® X � V V a 6X& Digilock K 9 K ® Pass-Back KKg K ® 6S 6X® 6X9 9 To TW 6X® 6A =6X9 08AE 09AA 18" w Lockers Below 2406 shown will be modified to 18" w 4 J J i J J i i H HE IW 9 r 2406AA 61"r 1 .I 0 I. lt-m 0 o Material Automation Cranes Engineered Standby Power Workplace Industrial Railcar Handling 8 Robotics 8 Hoists Systems d Generators Storage Storage E Handling Movers Aflw DRIVE I BROOKFIELD W1 153045 Buyer hereby grants to Seller a security interest in all equipment and materials listed herein to secure payment in full of the purchase price of all such equipment and materials, and performance of all other obligations by Buyer under this agreement; Buyer authorizes the Seller to file a UCC financing statement with respect to this security interest. This Proposal is subject to Wolter, Inc's Standard Terms and Conditions, which are incorporated herein by reference. Buyer expressly agrees to such Standard Terms and Conditions and any inconsistent or additional terms submitted by Buyer are rejected. See: https://www.woltergrouplic.com/terms-conditions/ APPROVED AND ACCEPTED BY: Oak Brook Police Department PRINTED NAME: TITLE: EMAIL ADDRESS: DATE: AUTHORIZED SIGNATURE:X ACCEPTED BY SELLER: QUOTATION SUBMITTED BY: Ken Pahlke (Salesperson) SIGNATURE: X TITLE: (This Quotation shall become a contract only upon signature by the Sales Manager of Seller at its business offices.) If you have any questions, please contact us: Sales Rep: Ken Pahlke Cell Phone: 630-220-4216 Email Address: mrstorage@wolterinc.com Inside Sales: Branch Phone: Email Address: Company: Wolter, Inc. Address: 490 W. North Frontage Rd. City/State/Zip: Bolingbrook, IL 60440 Customer Name: Oak Brook Police Department Quote Number: QUO-45531-Y7K3R3 Quote Date: 10/25/2022 �a' tQ■ IL �� �❑ .O Material Automation Cranes Engineered Standby Power Workplace Industrial Railcar Handling &Robotics 8 Hoists Systems &Generators Storage Storage 6 Handling Movers