FD #94 Wall Mounted Fans Installation Project VILLAGE OF OAK BROOK
CONTRACT FOR THE
FIRE STATION#94 WALL MOUNTED FANS INSTALLATION PROJECT
Full Name of Contractor: CDK Electric, Inc. ("Contractor'')
Principal Office Address:954 Navajo Street, Carol Stream, Illinois 60188
Contact Person:Dave Kosirog Telephone Number: (630) 709-3322
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, Eauinment. Materials and Sunnlies. 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 Fire Station#94 first quality equipment, materials, and
Wall Mounted Fans Installation Project, as supplies.
specified in Exhibit A attached hereto, at
1200 Oak Brook Road, 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 August 26, 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. Insnection/Testine/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 sole 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 Time
Work so rejected may be returned or held at Contractor's
expense and risk. Contractor acknowledges and agrees that Contractor
shall commence the Work within 15 days (weather
2. Contract Price permitting) following the Village's acceptance of this
Contract provided Contractor shall have furnished to the
Contractor acknowledges and agrees that Contractor Village all bonds and all insurance certificates specified
shall take in full payment for all Work and other matters in this Contract ("Commencement Date"). Contractor
set forth under Section 1 above, including overhead and further acknowledges and agrees that Contractor shall
profit; taxes, contributions, and premiums; and perform the Work diligently and continuously and shall
compensation to all subcontractors and suppliers, the complete the Work not later than December 31, 2019
compensation set forth below. ("Time of Performance"). The Village may modify the
Time of Performance at any time upon 15 days prior
A. SCHEDULE OF PRICES written notice to the Contractor. Delays caused by the
Village shall extend the Time of Performance; provided,
For providing, performing, and completing all however, that Contractor shall be responsible for
Work,the total Contract Price of$3,700.00 completion of all Work within the Time of Performance,
notwithstanding any strike or other work stoppage by
TOTAL CONTRACT PRICE (in writing): employees of either Contractor or of the Village.
Three Thousand Seven Hundred Dollars Only 4. Financial Assurance
B. BASIS FOR DETERMINING 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 forth in Exhibit B within 10 days following the
1. All prices stated in the Schedule of Prices Village's acceptance of this Contract. Such policies shall
are firm and shall not be subject to be in form, and from companies, acceptable to the
escalation or change; Village. The insurance coverages and limits set forth
Exhibit B shall be deemed to be minimum coverages and
2. 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 no such limitation on Contractor's duty to carry adequate
taxes are included in the Schedule of Prices, insurance or on Contractor's liability for losses or
and that all claim or right to claim 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 set 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 indemnify 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
It is expressly understood and agreed that final Contractor's performance of, or failure to perform, the
payment shall be made upon completion of the Work or any part thereof, or any failure to meet the
work and final approval by the Village. representations and warranties set forth in Section 6 of
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.
5. Firm Proposal 7. Acknowledgements
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 Leg.; 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 seq. 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 (ii) at all reasonable hours at a location
G. Amendments and hhdifications. No amendment within this State.
or modification to this Contract shall be effective until it. K. CgnIlics 9fla. xest. 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 t=illage 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. Assignment. 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 Contractor nor any person employed or associated with
written consent of the tillage, Contractor has any interestthat would conflict in any
manner or degree with the performance of the
1. Governing Law; Venue. This Contract shall be obligations under this Agreement; and (3) 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 rules, of with Contractor shall at any time during the term of this
the State of Illinois. Venue for 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. C rtifed Payrolls. Contractor shall, in L. Exhibits and QjbsrAgreemegn . If any conflict exists
accordance with Section 5 of the Illinois Prevailing Wage between this Agreement and any exhibit attached hereto
Act, 820 ILCS 130/5,submit to the Village,on a monthly 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 shall, in performing the Services for the Villa e under
accurate; (.2) the hourly rate paid is not leas, if this A g
applicable, than the general prevailing rate of hourly greement, have access, yr be directly or
indirectly exposed, to Confidential Information.
wages required by the Prevailing Wage Act: and (3) The
Contractor or subcontractor is aware that filing a Consultant shall hold confidential 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 Illinois before obtaining access to Confidential Information.
IN WITNESS WHEREOF the parties hereto VILLAGE OF OAK BROOK, an Illinois
have cause tbiy Agreem t to be exectited,
Village Clerk Villae:Manager — —�
Its:
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EXHIBIT A
(PROPOSAL DATED AUGUST 26, 2019)
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CDK ELECTRIC INC
954 Navajo St. Carol Stream IL, 60188 Fax (630) 260-9503 Phone (630709-3322)
PROPOSAL
August 26, 2019
Village of Oakbrook
1200 Oakbrook Rd
Oakbrook IL, 60523
CDK Electric Inc. to supply the labor on a time and material basis not to exceed the following
price to install 8 Enviro 56" industrial ceiling fans in the fire station.
Labor-$3,200.00
Material--$1,600.00
Lift Rental--$550.00
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CDK Electric Inc.to supply the labor to install 8 customer supplied wall mounted fans.
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Price:
Labor—$3,200.00
Material--$500.00
Lift rental--$550.00 if needed
Wall mounted fans supplied by Customer.
Dave Kosirog
CDK Electric Inc.
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:VIL
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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