Golf Clubhouse Restroom Floor Restoration Project VILLAGE OF OAK BROOK
CONTRACT FOR THE
GOLF CLUBHOUSE RESTROOM FLOOR RESTORATION PROJECT
Full Name of Contractor:Sterling Services Inc. ("Contractors')
Principal Office Address:8404 Wilmette Avenue, Unit A, Darien,Illinois 60561
Contact Person:Customer Service Telephone Number:(630) 724-0813
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 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,
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. Quali Provide
all of which is herein referred to as the"Work": , perform, and complete all
of the foregoing in a proper and workmanlike
1. Labor, EauiDment Materials and Supplies. manner' consistent with the standards of
Provide p recognized professional firms in performing
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,
supplies, information, data, and other means and expedition consistent
and items necessary for the Golf Clubhouse therewith, with only new, undamaged, and
Restroom Floor Restoration Project first quality equipment, materials, and
> as supplies.
specified in Exhibit A, attached hereto, at
2606 York Road, Oak Brook, Illinois 60523 B. Performance Standards. Contractor
("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 specifications in attached Estimate #47603753,
permits, licenses, and other governmental dated January 28, 2021, attached hereto as Exhibit A.
approvals and authorizations necessary in In the event the quality of service becomes
connection therewith; unacceptable, the Village reserves the right to cancel
3. Bonds and Insurance. Procure and furnish the contract after giving thirty(30)day written notice.
all bonds and all insurance certificates and C. Responsibility for Damage or Loss. Contractor
policies of insurance specified in this proposes, and agrees, that Contractor shall be
Contract; responsible and liable for, and shall promptly and
without charge to Village repair or replace, any damage
4. Taxes. Pay all applicable federal, state, and done to, and any loss or injury suffered by, the Village,
local taxes; the Work, the Work Site, or other property or persons as
a result of the Work.
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D. Insnection/Testina/Reiection. Village
shall have the right to inspect all or any part of the Work
and to reject all or an All Payments may be subject to deduction or
y part of the Work that is, in setoff by reason of any failure of Contractor to
Village's judgment, defective or damaged or that in any
way fails to conform strictly to the requirements of this Perform under this Contract. Each payment
Contract and the Village, without limitingits other shall include Contractors certification of the
value of, and partial or final waivers of lien
rights or remedies, may require correction or
covering, all Work for which payment is then
replacement at Contractor's cost
perform or have requested and Contractor's certification that all
performed all Work necessary to complete or correct all prior payments have been properly applied to
or any part of the Work that is defective, damaged, or the payment or reimbursement of the costs with
nonconforming and charge Contractor with any excess respect to which they were paid.
cost incurred thereby, or cancel all or any part of any
order or this Contract. Work so rejected may be 3. Contract Term
returned or held at Contractor's expense and risk.
2. ContContractor acknowledges and agrees that
ract Price Contractor shall commence the Work within 15 days
(weather permitting) following the Village's
Contractor acknowledges and agrees that Contractor acceptance of this Contract provided Contractor shall
shall take in monthly payments for all Work and other have furnished to the Village all bonds and all insurance
matters set forth under Section 1 above, including certificates specified in this Contract ("Commencement
overhead and profit; taxes, contributions, and premiums; Date"). Contractor further acknowledges and agrees
and compensation to all subcontractors and suppliers, that Contractor shall perform the Work diligently and
the compensation set forth below. continuously and shall complete the Work not later than
May 30, 2021 ("Time of Performance"). The Village
A. SCHEDULE OF PRICES may modify the Time of Performance at any time upon
15 days prior written notice to the Contractor. Delays
For providing, performing, and completing all caused by the Village shall extend the Time of
Work, the Not-To-Exceed Contract Price of Performance; provided, however, that Contractor shall
$3,900.00. be responsible for completion of all Work within the
Time of Performance, notwithstanding any strike or
TOTAL CONTRACT PRICE(in writing): other work stoppage by employees of either Contractor or
Three Thousand Nine Hundred Dollars of the Village.
B. BASIS FOR DETERMINING PRICES 4. Financial Assurance
It is expressly understood and agreed that: A. Bonds. If the total contract cost is $20,000 or
more, the Contractor acknowledges and agrees that
1. All prices stated in the Schedule of Prices Contractor shall provide a Performance Bond, on forms
are firm and shall not be subject to provided by, or otherwise acceptable to, the Village,from
escalation or change; a surety company acceptable to the Village, each in the
penal sum ohe Contract Price,within
2. The Village is not subject to state or local he Village's acceptance of this C nt act10 days following
sales, use, and excise taxes, that no such
taxes are included in the Schedule of Prices, B. Insurance. Contractor acknowledges and agrees
and that all claim or right to claim any that Contractor shall provide certificates of insurance
additional compensation by reason of the evidencing the minimum insurance coverages and limits
payment of any such tax is hereby waived set forth in Exhibit B within 10 days following the
and released; Village's acceptance of this Contract. Such policies shall
be in form, and from companies, acceptable to the
3. All other applicable federal, state, and local Village. The insurance coverages and limits set forth
taxes of every kind and nature applicable to Exhibit B shall be deemed to be minimum coverages and
the Work are included in the Schedule of limits and shall not be construed in any way as a
Prices. limitation on Contractor's duty to carry adequate
insurance or on Contractor's liability for losses or
C. TIME OF PAYMENT damages under this Contract. The minimum insurance
coverages and limits that shall be maintained at all
It is expressly understood and agreed that any times whilerovidin
P g, Performing, or completing the
final
payments shall only be made upon Work are as set forth in Exhibit B.
completion of the work and final approval by the
Village.
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C. Indemnification. Contractor acknowledges and own assessment of the Prevailing Wage Act's
agrees that Contractor shall indemnify and save requirements and if it applies to the Contract.
harmless the Village, its officers, officials, employees and
volunteers, against all damages, liability, claims, losses,
C. Not Barred. Contractor is not barred by law
and expenses (including reasonable attorneys' fee) that from contracting with the Village or with any other unit
may arise, or be alleged to have arisen, out of of state or local government as a result of (i) a
Contractor's performance of, or failure to perform, the delinquency in the payment of any tax administered by
Work or any part thereof, or any failure to meet the the Illinois Department of Revenue unless Contractor is
representations and warranties set forth in Section 6 of contesting, in accordance with the procedures
this Contract. established b the appropriate Revenue Act, its liability
for the tax or the amount of tax, as set forth in 65 ILCS
D. Penalties. Contractor acknowledges and agrees 5/11-42.1-1; or (ii) a violation of either Section 33E-3 or
that Contractor shall be solely liable for any fines or civil Section 33E-4 of Article 33 of the Criminal Code of 1961,
penalties that are imposed by any governmental or 720 ILCS 5/33E-1 et seg.
quasi-governmental agency or body that may arise, or be
alleged to have arisen, out of or in connection with D. ualified. Contractor has the requisite
Contractor's performance of, or failure to perform, the experience, ability, capital, facilities,plant, organization,
Work or any part thereof.
and staff to enable Contractor to perform the Work
successfully and promptly and to commence and
5. Firm Proposal complete the Work within the Contract Price and
All prices and other terms stated in this Contract are Contract Time set forth above.
firm and shall not be subject to withdrawal, escalation, 7. Acknowledgements
or change.
In submitting this Contract, Contractor
6. Contractor's Representations and Warranties acknowledges and agrees that:
In order to induce the Village to accept this Contract, A. Reliance. The Village is relying on all
Contractor hereby represents and warrants as follows: warranties, representations, and statements made by
A. The Work. The Work, and all of its components, Contractor in this Contract.
shall strictly conform to the requirements of this B. Acceptance. If this Contract is accepted,
Contract, including, without limitation, the performance Contractor shall be bound by each and every term,
standards set forth in Subsection 1B of this Contract; condition, or provision contained in this Contract.
and shall be fit, sufficient, and suitable for the purposes
expressed in, or reasonably inferred from, this Contract C. Remedies. Each of the rights and remedies
and the warranties expressed herein shall be in addition reserved to the Village in this Contract shall be
to any other warranties expressed or implied by law, cumulative and additional to any other or further
which are hereby reserved unto the Village. remedies provided in law or equity or in this Contract.
B. Compliance with Laws. The Work, and all of its D. Time. Time is of the essence in the performance
components, shall be provided,performed, and completed of all terms and provisions of this Contract and, except
in compliance with, and Contractor agrees to be bound where stated otherwise references in this Contract to
by, all applicable federal, state, and local laws, orders, days shall be construed to refer to calendar days and
rules, and regulations, as they may be modified or time.
amended from time to time, including without limitation,
if applicable, the Prevailing Wage Act, 820 ILCS E. No Waiver. No examination, inspection,
130/0.01 et sm.; any other prevailing wage laws; any investigation, test, measurement, review, determination,
statutes requiring preference to laborers of specified decision, certificate, or approval by the Village, whether
classes; any statutes prohibiting discrimination because before or after the Village's acceptance of this Contract;
of, or requiring affirmative action based on, race, creed, nor any information or data supplied by the Village,
color, national origin, age, sex, or other prohibited whether before or after the Village's acceptance of this
classification; and any statutes regarding safety or the Contract;nor any order by the Village for the payment of
performance of the Work. Further, Contractor shall money; nor any payment for, or use, possession, or
have a written sexual harassment policy in compliance acceptance of, the whole or an
art of the Work by the
with Section 2-105 of the Illinois Human Rights Act Village;nor any extension of time
he Village;
during the course of the work. The Village does not nor any delay by the Village in ranted erc sb gt any right
believe that the requirements of the Prevailing Wage Act under this Contract; nor any other act or omission of the
(820 ILCS 130), as amended, apply to the Contract. Village shall constitute or be deemed to be an acceptance
However, the Contractor is responsible for making its of any defective, damaged, or nonconforming Work, nor
operate to waive or otherwise diminish the effect of any
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representation or warranty made by Contractor; or of business days' notice, Contractor and each subcontractor
any requirement or provision of this Contract; or of any shall make available for inspection the records required
remedy,power, or right of the Village. to be made and kept by the Act: (i) to the Village, its
officers and agents, and to the Director of the Illinois
F. Severability. It is hereby expressed to be the Department of Labor and his or hers deputies and
intent of the parties to this Contract that should any agents; and (ii) at all reasonable hours at a location
provision, covenant, agreement, or portion of this within this State.
Contract or its application to any Person or property be
held invalid by a court of competent jurisdiction, the
K Conflicts of Interest. Contractor represents and
remaining provisions of this Contract and the validity, certifies that, to the best of its knowledge, (1) no elected
enforceability, and application to any Person or property or appointed Village official, employee or agent has a
shall not be impaired thereby, but the remaining personal financial interest in the business of the
provisions shall be interpreted, applied, and enforced so Contractor or in this Agreement, or has personally
as to achieve, as near as may be, the purpose and intent received payment or other consideration for this
of this Contract to the greatest extent permitted by Agreement; (2)as of the date of this Agreement, neither
applicable law.
Contractor nor any person employed or associated with
Contractor has any interest that would conflict in any
G. Amendments and Modifications. No amendment manner or degree with the performance of the
or modification to this Contract shall be effective until it obligations under this Agreement; and (3) neither
is reduced to writing and approved and executed by the Contractor nor any person employed by or associated
corporate authorities of the parties in accordance with all with Contractor shall at any time during the term of this
applicable statutory procedures.
Agreement obtain or acquire any interest that would
H. Assignment. Neither this Contract, nor any the obli rations under this or degree with the performance of
interest herein shall be assignedg Agreement.
or subcontracted, in
whole or in part, by Contractor except upon the prior L. Exhibits. If any conflict exists between this
written consent of the Village. Contract and any exhibit attached hereto, the terms of
ts Contract shall prevail. Any conflict that exists
I. Governing Law: Venue. This Contract shall be betty en Exhibit A and Exhibit B, the terms of Exhibit B
governed by, construed and enforced in accordance with shall prevail.
the internal laws, but not the conflicts of laws rules, of
the State of Illinois. Venue for any action arising out of M. No Disclosure of Confidential Information by the
or due to this Contract shall be in the Circuit Court for Consultant. The Consultant acknowledges that it
DuPage County,Illinois. shall, in performing the Services for the Village under
J. Certified Payrolls. If applicable, Contractor this Agreement, have access, or be directly or
shall, in accordance with Section 5 of the Illinois indirectly exposed, to Confidential Information. The
Prevailing Wage Act, 820 ILCS 130/5, submit to the Consultant shall hold confidential all Confidential
Village, on a monthly basis, a certified payroll. The Information and shall not disclose or use such
certified payroll shall consist of a complete copy of those Confidential Information without the express prior
records required to be made and kept by the Prevailing written consent of the Village. The Consultant shall
Wage Act. The certified payroll shall be accompanied by use reasonable measures at least as strict as those the
a statement signed by the Contractor or subcontractor Consultant uses to protect its own confidential
which certifies that: (1) such records are true and information. Such measures shall include, without
accurate; (2) the hourly rate paid is not less, if limitation, requiring employees and subcontractors of
applicable, than the general prevailing rate of hourly the Consultant to execute a non-disclosure agreement
wages required by the Prevailing Wage Act; and (3) before obtaining access to Confidential Information.
Contractor or subcontractor is aware that filing a
certified payroll that he or she knows to be false is a
Class B misdemeanor. A general contractor may rely
upon the certification of a lower tier subcontractor,
provided that the general contractor does not knowingly
rely upon a subcontractor's false certification. Upon two
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='N WrMM WHEREOF the parties hereto VMLAGE OF OAK BROOK, an Illinois
U"4 Agreement to be executed,
VC:0 2021. Municipal corporation
AT!ZSI,
BY-
By.
Phw,Village Clerk
Riccardo F.Ginex,Vilflap
Manage
AT*
ti $NRUNG
BY.
Ift,
5
EXHIBIT A
(ESTIMATE#47603753 DATED JANUARY 28, 2021)
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merfihi. 14 Estimate
Superior Service Right to Your Floor 47603753
£ �
8404 Wilmette Ave unit A 01/28/2021
Darien1160561 ................. ...............................................................................
(630)724-0813 n z {
info@sterserv.com
7777777777
Ii +
Doug Hroba 2606 York Rd
Village of Oak Brook Oak Brook, Illinois 60523
600 Oak Brook Rd
Oak Brook, Illinois 60523
VariGLAZE toliet area
Estimate
Description Qty Rate Total
VariGLAZE to mens toliet room area 1.00 1,950.00 1,950.00
................................................................................................
VarigLAZE to ladies toilet room area 1.00 1,950.00 1,950.00
^ CU;;TOMEi (ESsl1G Estimate Total: $3,900.00
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 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.
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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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