FD Duplex Receptacles Installation ProjectFull Name of Contractor: CDK Electric Inc. (,,Contractoy'')
Principal offrce Address: 954 Navajo street, carol Stream, Illinois 60rgg
Contact Person: Dave Kosirog Telephone Number: 680-260-gb03
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 desuibed below and
h,as reuiewed and understood all documents includ.ed,
referred to, or mentioned in this bound set of documents.
1. lVork
A. Contract and Work. Contractor acknowledges,
and agrees, that Contractor shall, at its sole cost and
expense, provide, perform, and complete, in the manner
specified and described, and upon the terms and
conditions set forth, in this Contract, all of the following,
allofwhichishereinreferredtoasthe..Work,,;
1. Labor. Eouipment. Materials. and Sd;plies.
Provide, perform, and complete, in the
manner specified and described in this
Contract, all necessary work, labor, services,
transportation, equipment, materials,
supplies, information, data, and other means
and items necessary for the Fire Stations 98
and 94 Duplex Receptacles Installation, as
specified in Exhibit A, attached hereto,
located at 725 Enterprise Drive and 1200
Oak Brook Road, Oak Brook, Illinois 60b28
("Worh Site");
2. Permits. The Village will furnish all
permits, licenses, and other governmental
approvals and authorizations necessary in
connection therewith;
3. Insurance. Procure and furnish ingurance
certifrcates specified in this Contract;
4. Taxes. Pay all applicable federal, state, and
local taxes'
5. Miscellaneous. Do all other things required
ofContractor by this Contract; and
6. Qualitv. Provide, perform, and complete all
of the foregoing in a proper and workmanlike
manner, consistent with the standards of
recognized professional firms in performing
Work of a similar nature, in full compliance
with, and as required by or pursuant, to this
Contract, and with the greatest economy,
efficiency, and expedition consistent
therewith, with only new, undamaged, andfirst quality equipment, materials, and
supplies.
B. Performance Standards.Contractor
acknowledges and agrees that all Work shall be fully
provided, performed, and completed in accordance with
the attached Proposal dated January Ib, Z0lg, attached
hereto as Exhibit A.
C. Responsibilitv for Damase or Loss. Contractorproposes, and agrees, that Contractor shall be
responsible and liable for, and shall promptly and
without charge to Village repair or replace, any damage
dong to, and any loss or injury suffered by, the Village,
the Work, the Work Site, or other property or persons as
a result of the Work.
- D. Inspection/Testing/Reiection. Village shall havethe right to inspect all or any part of the Work and toreject all or any part of the Work that is, in Village,sjudgment, defective or damaged or that in any way failsto conform strictly to the requirements of this Contractand the Village, without limiting its other rights orremedies, may require correction or replacemlnt at
Contractor's cost, perform or have performed all Work
necessary to complete or correct all or any part of theWork that is defective, damaged, or nonconforming and
charge Contractor with any excess cost incurred thereby,
or cancel all or any part of any order or this Contraci.
Work so rejected may be returned or held at Contractor's
expense and risk.
2. Contract Price
Contractor acknowledges and agrees that Contractor
shall take in full payment for all Work and other matters
set forth under Section 1 above, including overhead andprofit; taxes, contributions, and premiums; and
compensation to all subcontractors and suppliers, the
compensation set forth below.
A, SCHEDULEOFPRICES
For providing, performing, and completing all
Work, the total Contract price of g4,4bb.00
TOTAL CONTRACT PRICE (in writing):
Four Thousand Four Hundred and Fifty_Five
Dollars Only
B. BASIS FOR DETERMINING PRICES
It is expressly understood and agreed that:
l. All prices stated in the Schedule of prices
are firm and shall not be subject to
escalation or change;
2. The Village is not subject to state or local
sales, use, and excise taxes, that no such
taxes are included in the Schedule of prices,
and that all claim or right to claim any
additional compensation by reason of thl
payment of any such tax is hereby waived
and released;
3. All other applicable federal, state, and local
taxes of every kind and nature applicable tothe Work are included in the Schedule of
Prices.
C. TIME OF PAYMENT
It is expressly understood and agreed that allpayments shall be made upon completion of the
work and final approval by the Village.
All payments may be subject to deduction or
setoff by reason of any failure of Contractor toperform under this Contract. Each payment
shall include Contractor's certification of the
value of, and partial or final waivers of lien
covering, all Work for which payment is then
requested and Contractor's certification that allprior payments have been properly applied to
the payment or reimbursement of the costs with
respect to which they were paid.
3. Coutract Time
Contractor acknowledges and agrees that Contractorshall commence the Work within li d.ays (weatherpertnitting) following the Village,s acceptance of this
Contract provided Contractor shall have furnished to theVillage all bonds and all insurance certificates specifiedin this Contract ("Commencernent Date,,). Contractorfurther acknowledges and agrees that Contractor shall
perform the Work diligently and continuously and shall
complete the Work not later than March gl, 20Ig("Time of Perforrnance"). The Village may modify the
Time of Performance at any time upon lb days iriorwritten notice to the Contractor. Delays caused Uy ttreVillage shall extend the Time of performance; provided,
however, that Contractor shall be responsible for
completion of all Work within the Time of performance,
notwithstanding any strike or other work stoppage by
employees of either Contractor or of the Village.
4. Financial Assurance
A. Insurance. Contractor acknowledges and agreesthat Contractor shall provide certificatee of insuiance
evidencing the minimum insurance coverages and limits
set forth in Exhibit B within 10 days following the
Village's acceptance of this Contract. Such policies shallbe in form, and from companies, accepiable to theVillage. The insurance coverages and limits set forthExhibit B shall be deemed to be minimum coverages andlimits and shall not be construed in any way as alimitation on Contractor's duty to carry adequate
insurance or on Contractor's liability for losses or
damages under this Contract. The minimum insurance
coverages and limits that shall be maintained at all
t_imes while providing, performing, or completing the
Work are as set forth in Exhibit B.
B. Indemnification. Contractor acknowledges andagrees that Contractor shall indemnify "rrd save
harmless the Village its officers, officials, employees andvolunteers, against all damages, liability, ctalms, losses,
and expenses (including attorneys'fee) that may arise, orbe alleged to have arisen, out of or in connection withContractor's performance of, or failure to perform, theWork or any part thereo{ or any failure to meet therepresentations and warranties set forth in Section 6 ofthis Contract.2
D. Penalties. Contractor acknowledges and agrees
that Contractor shall be solely liable for any fines or-civilpenalties that are imposed by any governmental or
quasi-governmental agency or body that may arise, or be
alleged to have arisen, out of or in connection with
Contractor's performance of, or failure to perform, the
Work or any part thereof.
5. Firm Proposal
All prices and other terms stated in this Contract are
hrm and shall not be subject to withdrawal, escalation,
or change.
6. Contractor's Representations and Warranties
In order to induce the Village to accept this Contract,
Contractor hereby represents and warrants as follows:
A. The Work, The Work, and all of its components,shall strictly conform to the requirements of thie
Contract, including, without limitation, the performance
standards set forth in Subsection lB of this Contract;
and shall be fit, sufficient, and suitable for the purposes
expressed in, or reasonably inferred from, this Contract
and the warranties expressed herein shall be in addition
to any other warranties expressed or implied by law,
which are hereby reserved unto the Village.
B. Compliance with Laws. The Work, and all of its
components, shall be provided, performed, and completed
in compliance with, and Contractor agrees to be bound
by, all applicable federal, state, and local laws, orders,
rules, and regulations, as they may be modified or
amended from time to time, including without limitation,if applicable, the Prevailing Wage Act, g20 ILCS
130/0,0f et seq.; any other prevailing wage laws; any
statutes requiring preference to laborers of specified
classes; any statutes prohibiting discrimination because
of, or requiring alfirmative action based on, race, creed,
color, national origin, age, sex, or other prohibited
classification; and any statutes regarding safety or the
performance of the Work. Further, Contractor shall
have a written sexual harassment policy in compliance
with Section 2-105 of the Illinois Human Rights Act
during the course ofthe work.
C. Not Barred. Contractor is not barred by law
from contracting with the Village or with any other unitof state or local government as a result of (i) a
delinquency in the payment of any tax administered by
the Illinois Department of Revenue unless Contractor iscontesting, in accordance with the procedures
established by the appropriate Revenue Act, its liability
for the tax or the amount of tax, as set forth in 6b ILCS
5l7l-42.1-L; or (ii) a violation of either Section B3E-B or
Section 33E-4 of Article 83 of the Criminal Code of 1961,
720 ILCS 5/33E-f et seq.
D. Qualified. Contractor has the requisite
experience, ability, capital, facilities, plant, organization,and staff to enable Contractor to perform the Work
successfully and promptly
complete the Work within
Contract Time set forth above.
7. Acknowledsements
to commence and
Contract Price and
In submitting this Contract,
acknowledges and agrees that:
A. Reliance. The Village is relying on
warranties, representations, and statements made
Contractor in this Contract.
B. Acceptance. If this Contract is accepted,
Contractor shall be bound by each and every term,
condition, or provision contained in this Contract.
C. Remedies. Each of the rights and remedies
reserved to the Village in thie Contract shall be
cumulative and additional to any other or further
remedies provided in law or equity or in this Contract.
D. Time. Time is of the essence in the performance
of all terms and provisions of this Contract and, except
where stated otherwise references in this Contract io
days shall be conetrued to refer to calendar days and
time.
E. No Waiver. No examination, inspection,
investigation, test, measurement, review, determination,
decision, certificate, or approval by the Village, whether
before or aft,er the Village's acceptance of this Contract;
nor any information or data supplied by the Village,
whether before or after the Village's acceptance of this
Contract; nor any order by the Village for the payment of
money; nor any payment for, or use, possession, or
acceptance of, the whole or any part of the Work by the
Village; nor any exteneion of time granted by the Viilage;
nor any delay by the Village in exercising any right
under this Contract; nor any other act or omission ofihe
Village ehall constitute or be deemed to be an acceptance
of any defective, damaged, or nonconforming Work, nor
operate to waive or otherwise diminish the effect of any
representation or warranty made by Contractor; or of
any requirement or provision of this Contract; or of any
remedy, power, or right of the Village.
F. Severability. It is hereby expressed to be theintent of the parties to this Contract that should anyprovision, covenant, agreement, or portion of this
Contract or its application to any person or property be
held invalid by a court of competent jurisdiction, the
remaining provisions of this Contract and the validity,
enforceability, and application to any person or propertyshall 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 intentof this Contract to the greatest extent permitted by
applicable law.
G. Amendments and Modifications. No amendment
or modification to this Contract shall be effective until it
Contractor3
is reduccd to rvriting and appror.ed aud exocuted by lht,
t;orporate autlr<lr.ities of tho parties in arxxrrdance with all
applieable statutor-r' procedures.
Il. ;lssisg!:eg. Neither this Contract. nur any
interest herein, ghall lNr assigned or ,$ubcontratrted. in
whole or in part, by Contractor e_\cept upon tlre prior
rvritten consent of the Village.
l. (iover:nin&Law: Ventre. This Cr:lnl.ract shall be
governod by, construed and enforced in accordancr. rvilh
the internal laws, but not the conflicts of laws rules, of
the State of lllinois. \:enue lbr any action arising out nf
or due to this Contract shall be irr the Circuii, Cr:urt lor
l)uPasc Countl'. Illinois.
,). Certillgg!__fa1'rulls. (lonl.ractor slrall. in
accordnnco with Sectron 5 of the Illinois Prevailing Wage
Ad. 820 ILCS 130/5, sub|llit ro t.he village, on a monrhly
basis, a certified payroll, if applicable. The certified
payroll shall consist o[ a cornplete cop], of tlrose recorrls
rcquired to be nrade and kept b1. t.he Prevailing \l'agc
Ar:t. The cartificd payroll shall be accompanied by a
statemcnt signed by the Contractor or subcontractor
which cortifiee that: (!) such records are true antl
?lccllrnt{,: (2) thc hourl.v rate pairl is not Iess. rt
applicable, than the general prevailing rnre o[ hourly
rvuges required bv the l'revai.ling Wage Ar:1.: anrl (3)
(lonlractor or subcontractor is awarc that liling a
ccrtified pa1'roll that he or she knorvs to be false is a
(llags ll misdcnteanor. A general contr.actot. nray rell'
upon i.he rcrtification of a l<lrvcr ticr gubcontractor,
plr.rvrded ihat the general c(,n[ractor does nol. knowingly
re.ly utrlon a subcontractor'r false certificatiou. t.lpon two
business days' notir:e, Llontractor antl each sulrcontractor
shall rnake avnilable for: inspection the records required
to be rnade and kept b1, tlre ;\ct.: (i) to the Village. its
offrcer..r and agents, and to the Director of the lllinois
I)t:part,ment of l,abor and his or her deputies and agent,r:
anrl (ii) at all reasonable hours at a location nithin this
State.
IN WITNESS WHEREOF Ltrc parties hereto
iil:,, ;:::itr1+6rx.T# :_ 1,[ e x e'l: u'[r'd
K. Conflicts_Ol.Lttsrest^ Contractor represents ancl
certifies that. to the be-qt of its knowledge. (l) no electedor appointed Village offrcial, employee or agen[ has apersonal financial interesl in the busine$s of the
Oontractclr or in this rtgreenrent, or hae persor:ally
leceived paynlent or other conaideration for this
Agreement: (2) as o{ the date of this Agreement, noitlrer
Contractor nor any person enrployed or associated with
Contractor has any interest that *.orrld conflict in any
maDner or degrere with t.he frc,rforn:anco of the
obligations under this Agreenrent: and (;l) neither
Contrnctor nor any person employed by or assoriaterl
with Oontractor ehall at an1. time during the terrn of this
Agreement oblain or acquire any interesl, that woukl
r:onflicl in any manner or degree with thti performance ol
thc obligationa under this Agreenrent.
L. EXhibits and Other $ . If any conflict exists
betrveen this Agreenient and any exhibit attached her.eto
or any other Agreement between the parties relating totlris trarrsaction, the terme of this Agreement shall
prevail.
NI. No Disclosure of Confidential-lnfornation b.r. the
eqEeUl"t-Ant. The Consultant acknowledges that it
^shall. in performing thc Serr.ices for the Yillage under.this Agreenrent, have aceess. or bc directl.v or
indirectly exposed, to Confidential Infonnation. 'l'ht'
(lonsultant shall hold confidential all tlonfidential
lnformation and shall not disclose or use such
Confidential Information without lhe express prior
rvritten consent of the \Iillage. The Consultant rshall
u$e reasonable measures at least as strict aB tho6e the
C'onsultant use,r to protect itr, own confidential
information. Such measures shall rnclude. without
limitation, requiring empkyees and subcontractors of
the Consultant to execute a non-disclo,rure, agreement
before obtaining access to Confidential lnformation.
VILLAGE OF OAK
rnunicipal cO"。t'ation
BR00K, an lllinois
CD
Bソ
By
ヽ'illage Clerk Villageル :a:,agor4
EXIIBIr五
rPROPOSAL DArED JANυ L4Ry r■2θ rの5
CDK ELECttRiC INC
954 Navajo st. caror stream rL, 60188 Fax (630) 260-9503 phone (630709-3322)
PROPOSAL
January 15, 2019
Village of Oakbrook
1200 Oakbrook Rd
Oakbrook lL, 60523
cDK Electric lnc. to supply the labor and material for the installation of the following,
l-Pipe and wire duplex receptacles on the EM circuits for the message board at the following
locations,
Station #94
12 duplex receptacles
Station 93
7 duplex receptacles
Each Receptacle to cost S245.OO
Total cost of all receptacles as per the location sheet provided by Jim Fox
Price: $4,455.00
Option 1
Time and material not to exceed above price
Dave Kosirog
CDK Electric lnc.
EXHIBIT B
(I N SURAN CE REQUIREMENT S)
Certificates of Insurance shall be presented to the Village upon execution of this contract and vendor shall notcommence work until it provides and receives acceptance of insurance certificates from the Village as required bythis exhibit.
Each contractor performing any work pursuant to a contract with the Village of Oak Brook and each permitteeworking under a permit as required pursuant to the provisions of Title 1 of Cf,apter 8 of the Code of Ordinances ofthe Village of Oak Brook (hereinafter referred to as "Insured") shall be required to carry such insurance asspeci{ied herein' Such contractor and permittee shall procwe and maintain for the duration of the contract orpermit insurance against claims for injuries to persons or damages to property which may arise from or inconnection with the pertormance of the work under the contract or permit, either Ly the contractor, permittee, ortheir 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 andproperty damage;
B. Automobile Liability (if applicable) - $1,000,000 combined single limit per accident for bodily injury andproperty damage;
C. Worker's Compensation and Employer's Liability - Worker's Compensation limits as required by the Labor
Code of the State of lllinois and Employer's Uability limits of $1,ObO,OOO per accident
Any deductibles or self insured retention must be declared to and approved by the Village. At the option of theVillage, either the insurer shall reducs e1 sliminate such deductible or self-insured retention as rlspects theVillage, its ofiEcers, ofiicials, employees and volunteers; or the Insured shall procure a bond guaranteeingpayment of losees and related investigations, claim administration and defense "*prrr.", to the extent of suchdeductible or self-insured retention.
The policies shall contain, or be endorsed to contain, the following provisions:
D. General Liability and Automobile UabiJity Coverage -
(l)The Village, its officers, of6cials, employees and volunteers are to be covered as additional insureds asrespects: liability arising out of activities performed by or on behalf of th" tr,r*"d; pr"-ir". o*rrrd,occupied or used by the Insured. The coverage shall contain no special limitations on the scope ofprotection afforded to the Village, its officers, officials, employees, volunteers, or agents.
(z)The Insured's insurance coverage shall be primary insurance as respects the Village, its of6cers,ofEcials, employees, volunteers and agents. Any insurance or
""H-irr"r.r"rrce maintained by theVillage, its offrcers, offrcials, employees, volunteers or agents shall be in excess of the Insured,sinsurance and shall not contribute with it.
(3)Any failure to comply with reporting provisions of the policies shall not affect coverage provrded to theVillage, its offrcers, ofEcials, employees, volunteers or agents.
(a)The Insured's insurance shall apply separately to each covered party against whom claim is made orsuit is brought except with respect to the limits of the insurer's UuLiUtv.
E. Worker's Compensation and Employer's Liability Coverage
The policy shall waive all rights of subrogation against the Village, its officers, offrcials, employees,volunteers and agents for losses arising from work performed by ihe insured for the Village. '
Each insurance poliry shall be endorsed to state that coverage shall not be suspended, voided, canceled by eitherparty, reduced in coverage or in limits except after thirty igo) auyr prior written notice by certified mail hasbeen given to the Village. Each iasurance policy shall name the Village, its officers, officials and employees,volunteers and agents as additional Insureds. Insurance is to be placed *ith io..r""rs with a Best's rating of noless than A: VII.
Each Insured shall furnish the Village with certificates of insurance and with original endorsements effectingcoverage required by this provision. The certificate and endorsements for each insurance policy are to be signedby a person authorized by that insurer to bind coverage on its behaU. The certificates and endorsements are tobe on forms approved by the Village and shall be subject to approval by the Village Attorney before workcommences. The Village reserves the right to require complete, .eriin"a .opi". of all reluired ins,rance policies,at any time.
Each insured shall include all subcontractors as insureds under its policies or shall furnish separate certificatesand endorsements for each subcontractor. All coverages for sutcontractors shall be subject to all of therequirements stated herein.7