Loading...
Acoustical Suspension System and Ceiling Tiles Project VILLAGE OF OAK BROOK CONTRACT FOR THE ACOUSTICAL SUSPENSION SYSTEM AND CEILING TILES REPLACEMENT PROJECT Full Name of Contractor:Above and Beyond Acoustical Ceilings ("Contractor") Principal Office Address:2304 George Street, Rolling Meadows, Illinois 60008 Contact Person: Chris Mazurek, Owner Telephone Number: (224)200-5372 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. Qualit . 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, Eauipment 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 Acoustical first quality equipment, materials, and Suspension System and Ceiling Tiles supplies. Replacement Project, as specified in Exhibit A, attached hereto, at the Butler B. Performance Standards. Contractor Government Center, 1200 Oak Brook Road, acknowledges and agrees that all Work shall be fully Oak Brook, Illinois 60523("Work Site"); provided, performed, and completed in accordance with Proposal #102720, 2020, dated October 29, 2020, 2. Permits. The Village will furnish all attached hereto as Exhibit A. permits, licenses, and other governmental approvals and authorizations necessary in C. Responsibility for Damage or Loss. Contractor connection therewith; proposes, and agrees, that Contractor shall be responsible and liable for, and shall promptly and 3. Insurance. Procure and furnish insurance without charge to Village repair or replace, any damage certificates specified in this 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. local taxes; 1 D. Inspection/Testing/Rejection. 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'sp erform under this Contract. Each judgment, defective or damaged or that in an fails payment Y way shall include Contractors certification of the to conform strictly to the requirements of this Contract value of and and the Village, without limitingits other rights or partial or final waivers of lien g 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, 2020 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$17,293.88 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. Seventeen Thousand Two Hundred and Ninety- 4. Financial Assurance Three Dollars and Eighty-Eight Cents Only A. Insurance. Contractor acknowledges and agrees B. BASIS FOR DETERMINING PRICES that Contractor shall provide certificates of insurance evidencing the minimum insurance coverages and limits It is expressly understood and agreed that: set forth in Exhibit B within 10 days following the Village's acceptance of this Contract. Such policies shall 1. All prices stated in the Schedule of Prices be in form, and from companies, acceptable to the are firm and shall not be subject to Village. The insurance coverages and limits set forth escalation or change; Exhibit B shall be deemed to be minimum coverages and limits and shall not be construed in any way as a 2. The Village is not subject to state or local limitation on Contractor's duty to carry adequate sales, use, and excise taxes, that no such insurance or on Contractor's liability for losses or taxes are included in the Schedule of Prices, damages under this Contract. The minimum insurance and that all claim or right to claim any coverages and limits that shall be maintained at all additional compensation by reason of the times while providing, performing, or completing the payment of any such tax is hereby waived Work are as set forth in Exhibit B. and released; 3. All other applicable federal, state, and local B. Indemnification. Contractor acknowledges and taxes of every kind and nature applicable to agrees that Contractor shall indemnify and save the Work are included in the Schedule of harmless the Village its officers, officials, employees and Prices. volunteers, against all damages, liability, claims, losses, and expenses (including attorneys'fee)that may arise, or C. TIME OF PAYMENT be alleged to have arisen, out of or in connection with Contractor's performance of, or failure to perform, the It is expressly understood and agreed that final Work or any part thereof, 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. 2 C. Penalties. Contractor acknowledges and agrees successfully and promptly and to commence and that Contractor shall be solely liable for any fines or civil complete the Work within the Contract Price and penalties that are imposed by any governmental or Contract Time set forth above. quasi-governmental agency or body that may arise, or be alleged to have arisen, out of or in connection with 7: Acknowledgements Contractor's performance of, or failure to perform, the Work or any part thereof. In submitting this Contract, Contractor 5. Firm Proposal acknowledges and agrees that: A. Reliance. The Village is relying on all All prices and other terms stated in this Contract are warranties, representations, and statements made by firm and shall not be subject to withdrawal, escalation, Contractor in this Contract. or change. 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 reserved Village hall be A. The Work. The Work, and all of its components, cumulativeis °ande dtdionalnt thanyCotherc ors further shall strictly conform to the requirements of this remedies provided in law or equity or in this Contract. Contract, including, without limitation, the performance standards set forth in Subsection 1B of this Contract; D. Time. Time is of the essence in the performance and shall be fit, sufficient, and suitable for the purposes of all terms and provisions of this Contract and, except expressed in, or reasonably inferred from, this Contract where stated otherwise references in this Contract to and the warranties expressed herein shall be in addition days shall be construed to refer to calendar days and to any other warranties expressed or implied by law, time. which are hereby reserved unto the Village. B. Compliance with Laws. The Work, and all of its E. No Waiver. No examination, inspection, investigation, test, measurement, review, determination, components, shall be provided, performed, and completed decision, certificate, or approval by the Village, whether in compliance with, and Contractor agrees to be bound before or after the Village's acceptance of this Contract; by, all applicable federal, state, and local laws, orders, nor any information or data supplied by the Village, rules, and regulations, as they may be modified or whether before or after the Village's acceptance of this amended from time to time, including without limitation, Contract; nor any order by the Village for the payment of if applicable, the Prevailing Wage Act, 820 ILCS money; nor any payment for or use 130/0.01 et sea.; an other � possession, or Y prevailing wage laws; any acceptance of, the whole or any part of the Work by the statutes requiring preference to laborers of specified Village; nor any extension of time granted by the Village; classes; any statutes prohibiting discrimination because nor any delay by the Village in exercising any right of, or requiring affirmative action based on, race, creed, under this Contract; nor any other act or omission of the color, national origin, age, sex, or other prohibited Village shall constitute or be deemed to be an acceptance classification; and any statutes regarding safety or the of any defective, damaged, or nonconforming Work, nor performance of the Work. Further, Contractor shall operate to waive or otherwise diminish the effect of any have a written sexual harassment policy in compliance representation or warranty made by Contractor; or of with Section 2-105 of the Illinois Human Rights Act any requirement or provision of this Contract; or of any during the course of the work. remedy,power, or right of the Village. C. Not Barred. Contractor is not barred by law F. Severability. It is hereby expressed to be the from contracting with the Village or with any other unit intent of the parties to this Contract that should any of state or local government as a result of (i) a provision, covenant, agreement, or portion of this delinquency in the payment of any tax administered by Contract or its application to any Person or property be the Illinois Department of Revenue unless Contractor is held invalid by a court of competent jurisdiction, the contesting, in accordance with the procedures remaining established by the appropriate Revenue Act, its liability enforceability, and application to any Person or property for the tax or the amount of tax, as set forth in 65 ILCS shall not be impaired thereby, but the remaining 5/11-42.1-1; or (ii) a violation of either Section 33E-3 or provisions shall be interpreted, applied, and enforced so Section 33E-4 of Article 33 of the Criminal Code of 1961, as to achieve, as near as may be, the purpose and intent 720 ILCS 5/33E-1 et seg. of this Contract to the greatest extent permitted by D. Qualified. Contractor has the requisite applicable law. experience, ability, capital, facilities, plant, organization, G. Amendments and Modifications. No amendment and staff to enable Contractor to perform the Work or modification to this Contract shall be effective until it 3 I a. �L byer mn snth t : tZle t nor aqp, person employed by or K nate nth Contractor aitall at any time dureti 'te tea of tfi iffi M Aeement obtain or acquire any interest that vrcd con$ict in atiy manner or degree with the psi tat of vie i 5 ^ a the Ob}$ OnB and®r this Agreement. MW If anq exits betwe8a this , �.,. AgrBement and any exhibit." hereto or any otlmr Agreement between the tt , this transaction, P804,00 relating to the tertius of this N. greenrentshall t prevail, �,� d• txactar an tr°e andthe not lam, if �tta4tor. The Contractor a= ledges than it g shall, in performing the Services for"the Villa a under i rate of heur�q g �. Wage Act; and (3) this Agreement, have access, or be directly ar aware that filing a indirectly exposed, to Confidential Information. The that=Ise knows to be false is a Contractor shall hold confidential all Confidential A contractor mAy, rely formation and shall not disclose or use such t of a ►er tusr su�,oatractar, Confidential Information without the express pries ctox does not kii n y written consent of the Village, j oertrhioh, O The Contractor shall pots two use reasonable measures at least as strict as those the and each subsontracxor. Contractor uses the rooaeds to protect its own confidential information. Such n Ad: (i1 >. v measures shall include, without limitation, requiring the Director of t '' ' employees and subcontractors of y of the Contractor to execute a nondisclosure a or her deputaep and , before obtaining access to Confidential Informa eement at a Information.at`all rs locatipa`wtFh�n,>thie IN hake ea F l6ra o VILLAGE OF OAK B800 t ' ¢ municipal corporation an Illinois ATMft . 40, y EXHIBIT A (PROPOSAL #102720 DATED OCTOBER 29, 2020) 5 ABOVE AND BEYOND ACOUSTICAL CEILINGS Client:Village of Oak Brook PROPOSAL Date of Business Contract:October 29th,2020 It was a pleasure speaking with you to discuss your project being requested at: # 102720 1200 Oak Brook Road,Oak Brook IL,60523 Based on our conversation,we are proposing that the following required tasks be performed and all materials rendered by Above and Beyond Acoustical Ceilings,itemized S. hh'0411100111. below as such. Description Labor: WEB: Demolition and Disposal of Current Spline 5,450 ft2 $0.48 per ft2 $ 2,616.00 ABOVEANDBEYONDCEILINGS.COM Ceiling Grid and Tiles Installation of 2'x 4'Acoustiical 5,450 ft2 $0.96 per ft2 $ 5,232.00 EMAIL: Suspension System INF°@ Installation of 2'x 4'Ceiling Tiles 5,450 ft2 $0.60 per ft2 $ 3,270.00 ABO VEANDBEYONDC EILINGS.COM Materials: ADDRESS: 48-in x 24-in Textured White Fissured 5,450 ft2 $0.50 per ft2 $ 2,475.00 T 15/16-in Drop Acoustic Panels ROLLING MEADOWS,IL 60008 2'x 4'Acoustical Suspension System 5,450 ft2 $0.60 per ft2 $ 3,270.00 PHONE: ................................................................................................i............................. (224)200-5372 Subtotal $16863.00 Materials Tax $5745.00 7.25% $430.88 FACEBOOK: @ABncousTlcAt Total $17,293.88 We Hereby Submit Formal Estimates for: TwiTTER: 1)Labor to demo existing 12"x 12"spline ceilings where specified. (?OABACOUSTICS 2)Labor and material to provide and install new acoustical ceilings wherever old ceilings have been removed. INSTAGRAM: ABOVE—AND—BEYOND—ACOUSTICS All work is to be be completed in a workmanlike manner according to standard business practice. All agreements are contingent upon strikes,accidents,or delays beyond our control.Any alteration or deviation from the above specifications involving extra cost of material or labor,will be executed upon written orders for same,and will become an extra charge over the sum in this contract,only if agreed upon by both parties.Signing below will serve as our noticed to proceed with the ' listed. Chris Mazurek- ner Date: Client: Date: 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, volunteers and agents for losses arising from work performed by the insured for the Village. 6 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. 7