R-1535 - 02/09/2016 - SPORTS CORE - Resolutions RESOLUTION 2016-B&T-HVAC-R-1535
A RESOLUTION APPROVING THE WAIVER OF COMPETITIVE BIDDING AND AUTHORIZING
THE PURCHASE OF HVAC UNITS FROM CONTROLLED ENVIRONMENTAL SYSTEMS, INC.
WHEREAS, two of the HVAC units that serve the Bath & Tennis Club (collectively, "HVAC
Units' are in need of replacement because they have broken and are no longer providing heat; and
WHEREAS, the Village needs to replace the HVAC Units swiftly to allow the Bath & Tennis Club
to be used for upcoming events; and
WHEREAS, waiting to put the purchase of the HVAC Units out for bid would delay the purchase;
and
WHEREAS, in October 2014, the Village went out for bid to replace several pieces of equipment
in the Bath &Tennis Club, including the HVAC Units("PriorBids'�; and
WHEREAS, while the Prior Bids have expired, the price quoted by Controlled Environmental
Systems, Inc. of Orland Park, Illinois ("CES'l is in-line and consistent with the prices quoted for the
HVAC Units in the Prior Bids; and
WHEREAS, the Village staff has recommended that the Village waive competitive bidding and
approve the purchase of the HVAC Units from CES; and
WHEREAS, the President and Board of Trustees, being fully advised in the premises, have
determined that it is in the best interests of the Village and its residents to so waive competitive bidding
and to approve the purchase of the HVAC Units from CES;
NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: Recitals. The foregoing recitals are hereby incorporated into, and made a part
of, this Resolution as the findings of the President and Board of Trustees of the Village of Oak Brook.
Section 2: Waiver of Competitive Bidding Requirements. The advertising and bidding
requirements for the purchase of the HVAC Units is hereby waived in accordance with Section 1-7-4 of
the Village Code.
Section 3: Authorization of Purchase of the HVAC Units. The President and Board of
Trustees hereby approve the purchase of the HVAC Units from CES for a price not to exceed $24,200.00.
Section 4: Approval of Agreement. The President and Board of Trustees hereby approve
the agreement with CES in substantially the same form as attached as Exhibit A ("Agreement'j, and in
a final form approved by the Village Attorney.
Section 5: Execution of the Agreement. The Village Manager and Village Clerk shall be,
and hereby are, authorized to execute the Agreement between the Village and CES after receipt of the
final Agreement fully executed by CES.
Section 6: Effective Date. This Resolution shall be in full force and effect from and after its
passage by two-thirds of the Trustees and its approval in the manner provided by law.
[SIGNATURE PAGE FOLLOWS]
Resolution 2016-B&T-HVAC-R-1535
Approving the Purchase of
HVAC Units
Page 2 of 2
APPROVED THIS 9th day of February, 2016.
f
Gopal almalani
Village President
PASSED THIS 9th day of February, 2016.
Ayes: Trustee Adler, Manzo, Moy, Tiesenga, Yusuf
Nays: None
Absent: Trustee Baar
ATTEST:
Charlotte K. Pruss
Village Clerk
Resolution 2016-B&T-HVAC-R-1535
Approving the Purchase of
HVAC Units
Page 3 of 2
EXHIBIT A
VILLAGE OF OAK BROOK
CONTRACT FOR THE
OAK BROOK BATH AND TENNIS MEN AND WOMEN'S LOCKER ROOM VAC REPLACEMENT
full Nam of Co :Controlled Frivircinmental System,Inc.("Contrrtc'tar");
principal Office Address- 16308 S.107'J`Avcnuc,Suite 12,Orland Park,Illinois 603467-887'
Contact Person; Chris Ci,Simadis Telephone Num n(708)460-6333
TO, Village of Oak Brook(-Vi11 ")
I'OQ oak Brook Road
Oak Brook,Illinois
Attention. Doug Patchin,Director of Public Works,'
rordractor;warrants and represena that Contractor has carefulh' s, Miscellaneous. Do all other things required of
examined the Work Site described below and has re dewed and Contractor by this Contract,,and
undervood all docl menu included referred to, or Mentioned r"tr 6. quality, Provide,perform,and complete all of the
this bound set crf°domments,
foregoing in a proper and workmanlike manner,
t. Wow consistent: with the standards of recognized
professional firms in pedorming,Work of a similar
A, q�ntract and Work�- Contractor acknowledM and mature, in ftrlt compliance with,and as required by
pursuant,to this Contract and with the greatest
ads,Hest Contractor shall,at its sole cast and expense,provide. or P
economy, efficiency, and expedition consistent
perform, and complete,in the manner specified and dtscritred y, Y�
and upon the term and conditions set forth,in this Contract_,all therewith, with only new,, undamaged, and first
of the following,all of which 4 herein refe:rrred to as the"Work"! quality equipment,materials,and supplies-
) r, Eguiytmnt hfatcvials, and Suppiics. $_ Performance Standards. Contractor acknowledges and
Provide, pexfbrm, and complete, in the manner agrees that all Work shall be fully provided, performed, and
specified and described in this Contract, all c6rhpleted in accordance with the specifications and description'
necessary work, labor, services, transportation, of soak attached hereto as Exhibit A.
equipment, materials,;supplies, information, data
and ether means and item nee ' for the Oak C. Re soiattsilrility Cot 13ama�e or toss Contra�or
Brook Bath and Tennis Nlcn and Women's Locker proposes, and agrees,that Contractor shall be responsible and
Room HVAC Replacement, as is more fully liable for,and shall promptly and without charge to Village tcpair
specified in Exhibit A attached hereto. at the flak or replace.,any damage done to,and any bass or injury suffered
Brook Bath and Tennis Club,800 oak Brook Road, by,the Village, the Work, the Work.Site, Or Other property or
Oak llrciols,Illi Ols 605n("W rk Site); persons as aresult of the Work
2, Permits_ Procurc and furnish all permits,licenses,
and' outer goverrint t W approvals and
authorizations necessary in connection therewith
3. Bong and lnsuranc Procure and furnish all bon&
and all insurance certificates and policies of
insurance specified in this Contram,
4. Taxes. Pay all applicable t'ederal, state,and local
taxes;
Approved as to 1.ong�r "
Date: �(o
D. Itnttestineiec#%gn. Ville shall have the
right to ictspect all or any"part of the Work and to react all or any 3. Contract Time
part of the Work that is, in Village's,judgment, defective or
damaged or that in any way falls to conform strictly to the Contractor acknowledges and agrees that Contractor shall
rcgaixements of this Contract and the Village without limiting its commence the Work. within 15 following the Village's'
other rights or remedies,may require correction or replacement at acceptance of this Contract provided Contractor shall have
C:ontracto's cost,perfotm or have performed all Work necessary furnished to the Village all bonds and all insurance certificates
to complete or .correct,all or any;' part o the Work that is specified in dais C:�antract("C menc err Rafe"). Contractor
defective, damaged, or nortcanfor ing"and charge,Contractor further:u k no ledges and"agrees th a Contractor shall perform the
with any excess cost incurred thereby,or Canal all or any part of Work diligently and continuously arW shall complete the Work
any order,or this C oroad cork r4 rejected may be returned of not ls#s r than 30 da.�sfbftewbV the Conwwacentent Date('"Tarr,
held at Contractor's expense and rash. pf Perfvr o=mce"j. The Village may modi fy° the Time of
Pcrformarwe at any time upon 13 days prior written notice to the
2. Gontr°aet Priet Contractor. belays caused by the Village ill extend the Time
of Performance; provided, however, that Contractor sMlJ be
CA actor acknowledges and agrees that Contractor shall rvsponsibic for completion "of all Work within the T"imc of`
take in full payment for all Work and other matters set`forth under Porformaaee,notwithstanding any strike or other work"stoppage
Session I above, including overhead and profits taxes, by employees of either Contractor or of the Village,
contributions, and premiums; and compensation to all
submntracttors and suppliers,the compemation set forth below, d� rimi iatiial Assumove,
A, t aNE1 OF POF PRICES A. Bonita, Contractor acknowledges and agrees that
Contractor shall prvi ide a Performance Bond and a La wt and
For providing,performing.and completing all Work,ft Material Payment Bond, on harms provided by, or oth"ise
tit Contract Pries of$24400.00 acceptable to, the Village,"froth it surety company acceptable to
the pillage,each in the penal sum of the Contract Pricc,within 1 t1
TOTAL CONTRACT PRICE fin writing). days follow-ingthe Village's acceptance of this Contra a
"Twenty Piaur'fbou=d Two Hundred Dollars' 0, Insurance. Contriwtor acknowledges and agrees that
Contractor shall provide c ertificates of insurance evidencing the
13. fASIS 1=0R 1 `FERly11NTNCi9 1t� minimum"insurance ver b and limits set.forth in Exhibit 13
within 16 days following the Village's acwcplanct of this
it is ly understood and agreed that Contract. Such policies skean be in form,mW turn cotripssrr'
acceptable to the Village. The insurance rwveragcs snail limits set
I. Ali pries stated in the Schedule of Prides ere firm forth'Exhibit 8 shall be deemed to be minimum coverages and
and shall tsar be subject to natation or change; limits and shall not be construed in any way as a limitation on
Contractor's duty to carry adequate inslumnce for on COntractWs,
, The Village is not s t;jW to state or local liability for losses or dionages under this Contraoct, The minimum
use, and excise taxes, that no such taxes are 0DYcrage5 zad limits that "I be atiaentained at all
included in the Schedule of Prices, and that all times while providing,performing,or contplding the Work are as
claim or tight to claim any additional compensation set forth in Exhibit B
by reason of the payment of any such tax is hereby
waived and released; C [ndqrn Aiiicaticn. Contractor acknowledges and agrees'
that Contractor shall 'indemnify, save harmless, and defend the
3_ All other applicable federal,state,and local taxes of` village against all damages,']iability,claims,losses,and expenses
every kind"and nature applicable to the Work are (including ationneyst fee) that may arise,ter be alleged to have'
included in the Schedule ofPrkces, arisen,out of or in conaiection with ConlrvAoes perfonrmance of,
or failure to perform,the Work or any part thereof,or any Failure
C. TIME OF PA l''lv E T to meet the repro-sentations and warranties set forth in Section 6 of
this Contract
It is expressly understood and agreed that all payments'
shall be made upon completion of the work and final D. Penal ties. Contractor acknowledges and agrees that
approval by the Village. Contractor shall be solely liable t'or,any, fines or civil penalties
than are "imposed by any goVernMental or tluasi-goyernrnslrtal
agency or body that may arise.tar lac alleged to have"arise out of
All payment%may be subject to deducii or setoff by or in c�sanrretion with`Contractor's Performance Of,or failure to
reason of any fallurc of Contractor to perform under this perform,the Work or any part tlre"f.;
Contract, Each payment shall include 'Contractot's
+certifrcatiott of the value 46f,and partial ns final waives 5. Fifrn is l
of lien covering, all Work for which payment is their
requested and C-antract es, certification that all prior All prices and other terms stated in this Contract are firm and
payments have been property applied to Ike payment or shall not be subject to watt mwal.,escalation,or change,
t'eimbitPSeItmew of I#te costs with ftspect to which thq
were paid.
$: Gontneter's HMmstatafioYs and Warranties
D. Re dies. Each of flee ruts anti remedies reserved to
In order to induce the Village 'tea accept this`Contract,
the Village in this�'csntract shall tee cumulative and additional to
Contractor hereby represents'and wairants as follows. any other or further remedies provided in law or equity or in this
Contract.
A_ nhe Work_ The W*dc,and all or its components.shall
Strictly conform to the requiremenm of this Contract,including, E., Time, "rime-is of the essence in the performance of all
without liTnitaflou, he peaforman -standards set forth in terms and provisions of this Contract and, except where stated
Subsection 113 of this contract; and Shall be fit,suMciem, and otherwise rertrences in this Contract to days shall be constni ed to
suitable for the purposes expressed in, tat reasonably interred refer to calendar days a W tune.
from,this Contra attd the warranties expressed herein shall bt in
diliotr to any other warranties ex sled or implied by law, P,; No Waiver_ No cxami$141i6n, immS tscrn,invcStig on,
Nerltich are hereby reserved tinttx'tht,Village, test,measurement,review,determination,decision,ecr#ifec ,or
appmval by the 'Village, whether before or after the Village's
B, Compliance :+rids Laws. The Work. and all of 4 acceptance of this any information or data supplied
components, shall be provided, performed, and completed in by the'Vi'llase,whether before or after the Village's acceptance of
Compliance with, and Contractor agrees to be bound try, all this Centrac4 nor any grrler by the'pillage for the payment of
applicable 'fcdera�l, state, and local laws, orders, rules, and Money,nor any Payment for,or use,possession,or acceptance of,
regulations,as they may be modified or amc ed from time to the whole or any part of the Work by the Villap; nor any
tire including without limitation the Prevailing Wage Act,'920 extension of tune granted by the Village; near and delay by the
ILCSS 13{;:'O,al et a (ita Of which, n WPY Of Village its rxtreismg, right tatter this Ccantr t deemed any other
pillage*s ordinance ascertaining the prevailing rale of'wages,in act or omission ofthe Village shell eimstitute orbe deserted rte be
,CIT=t as of the date of this Contract, has been attached as an an ac of any defective, damaged, or nonconforming
Appendix to this Caxton; if the Illinois Department of Labor Work,nor operate to waists or sc diminish the effect of
revises tree prevailing rate of hourly wages to be paid,the revised any representation or warranty 'made by Contractor or ctf are}
rate shall apply to this Corti-rack);any other prevailing,wage laws, quiremcnt or provision of Ibis Contract, or of any rZOWY, ;
,any statutes requiring preference to laborers of speeifted classes, power,or right oaf the Village.
any statutes prohibiting di riminatiori fuse of Of inquiring
affirmative action based on race, cr d, colter, national origin, G. Severahili , it is hereby expressed to be the intent or
age, sex, or other prohibited classification; and any statutes the parties to this Contrrpt that should any provision, covenant,
rtgarding safety or the performance of the Work. Furlbet, agreeme'tit. or portion of this Contract or its application to any
Contractor shall have a written sexual harassment polity in Person or property be hold invalid by a court of Competent
raampleantc with Section?-It}S of the Illinois Htrrrtaas Rights Act jurisdiction, the remaining provisions of this Contract and the
doing the terse of the work. validity,enforceability.and application to any Person or property
shall not W impaired thereby,but the remaining provisions shall
C. Not tarred_ Caeatr°actor is not bred by law from be interpreted,applied,and enforced so as to achieve;as rear as
contracting with the Village or with any other unit of state or may be, the purpose and intent of this Contract to the greatest
laical SoVefrinlent as a result Of(i)a(Mm in the payment extent permitted by applicable law-
of of any tax adnigcmd by*c Illinois fi7epmunent of Revenue
unless Contractor is cc-testing,in accordance"with the prvicedu Vt. Amg dxtaer%t_�and A/lardifieatiti� No amendment or
established ley'the appropriate Revenue Ac'its liability tar the modification to this Contract shall be c1l"ective until it is reduced
tax or the amount of tax,as sot forth its 65 ILCS 5111-47,1-I;or' to writing and approved and executed by the coWrate authorities
(il)a violation of either Sectian 3311-3 car Section 331;4 of ArUcic ctf the in accordance with all applicable statutory,
33 of the{,atonal fade of 1961,720ILCS 5/3311-1 et sue, p
D_ f)ualif, Contractor has the requisite estperierice, 1. sss ment. Neither this Contract, nor any interest
ability,capital,facilities,plant,or .nizatiaar;and slaff10 enabler herein,shall be assigned or subcontracted,in whole or in Part,by
t;'onuac'tor to pertorm tine Work IMICCei5sfully.and promptly and to Contractor except upon the prior"written Consent Of the Village-.
commence anti complete the Work within the Contract Pricy:and
Contract Time set.forth above. ]. fiic+'�eming Law; Venue- This Contract $lra11 be
gar,, by, construed and tnfort�ed`'Sn act tirdarrt a with alt
1: ll+rlrtaowled�esnersts iolerrsal laws,but not the conflicts of laws rules;of the State or
Illintrls. Venue for any €rction misirth out of or due'tr3 this
In solimirting'this Coot t, Contractor aQknrrwled$t-s and; Contract:shall be in the 0rimit c=ourt for Dupage county,Illinois.'
agrees that, t xr#Wo hWglls. Contractor s#all,in aCCOTOmicc with
A,_ Reliartet The village i relying €set all warranties,` Section 5 of the Illinois P`rtvailirrg Wage Act, 820 1LCS 13f115
submit io firs:Village,on a monthly bgsis,a certified payroll. 3"hc
representations, and statetneritS made by Contractor its this certified payroll sfuill consist of a complete copy ofthose records
Contract, required to be made nail kept by the Prevailing Wage Act. The
$. Accc�lance. hr this Contract is accepted, Contractor certified payroll shall be.acompanied by a statement#sued by
shalt be bound a eve term condition,or provision the Coiltractor or su ctor which t�ettifies that: jil such
tan" rctxsrds am true and ruxuts,(2}the hourly rate paid is n.st tens
1p+3nuu eed'in this Contract, than the general prevailing rate of hourly wages required by the
Prevailing;Wage Act; and (3) Contractor or subcontractor is Village offitcial, employee or agent has a personal financial
aware that fling a certified payroll that he or she knows to be interest in the business of the Contractor or in this Agreement,or
false is a Class 8 misdemeanor. A gencrW contractor may rely; has personally received payment or othcr consideration for this
Upon the certification of a lower tier subcontractor,provided that Agreement; (2) as of the date of this Agreement, neither
the general contractor does not r knowingly rely" upon a Contractor not any person employed or associated with
subcontractor's false certification Upon two business days` Contractor has any interest that would conflict in any manner or
notice,Contractor and each subcontractor shall make available for degree with the performance of the obli0ions under this
inspection the records required to be made and kept by the Acts Agreemcnt,and(3)neither Contractor nor any person employed
(i)to the Village,its offers and agents,and to the Director of the by or associated with Contractor shall at any time during the term
Illinois Departinent of Labor and his or hers deputies and agents; of this Agreement obtain or nccluim any interest that would
and(ii)at all reasonable hoots at a location within this State. conflict in any manner or degree with the performance of the
obligations under this Agreement.
L. _Qnflicts 0r interest. Contractor represents and certifies
Hurt, to the best of its knowledge, (l) ten elected or appointed
IN WITNESS WHEREOF the parties hereto have VILLAGE OF OAK BROOK,an Illinois municipal
E usW this Agreement to be executed, efTective on Corporation,
L 2016-
kj
ATTEST:
a 4
By. BY
Charlotte Prim,Viliu Clcrk i o;r.Gireex,Village Manages
ATTEST: CON11tOLLED FNVMONMENTAL
SYSTEMS,INC_
By: BY=
ttw
4
EXHIBIT A
(PROMAL DATED NO VEMOER S,7015)
5,
CONTROLLED 16309 S. 107'h Avenue, Suite 12 * Orland Park, Illinois 60467-88$7
Telephone:(708)460-6333 * Fax:(708)460 6377
SYSTEMS, .
PROPOSAL
CUSTOMER: Oak Brook Bath and Tennis EST.NO.. 6031 -15
800 Oak Brook Drive
Oak Brook,11 60521 November 5,2015
Attn: Trey Van Dyke
REGARDING. Men and Women's Lockeroom
Dear Mr.Van Dyke
Controlled Environmental Systems,Inc.will provide the equipment and trained personnel required to complete
the following project:
I. Furnish crane to remove?existing rooftop units.C.E.S.to remove units from jobsite.
2. Furnish and Install 2 new Lennox 5 ton package rooftop units MIN: KGA060S4DH complete with
single enthalpy economizers and curb adapters.
A. Furnish and Install new 250 volt 100 amp 311 rated outdoor service disconnect switches for each
unit.
4. Furnish and Install new gas piping to new units from existing service.
S. Furnish and Install 2 new Honeywell Vision-Pro MN:"I H83 181001 programmable thermostats.
6. Furnish and Install new duct mounted smoke detectors.
7. Start-up and test new units.
8. Provide t year parts and labor warrantee.
9 NOT INCLUDED Roof patching and sealing.
NOT INCLUDED:Patching,Painting,Permits and Asbestos removal if required.
This work is to be completed for the sum of$'24,200.00: Twenty Four Thousand Two Hundred
DOLLARS. FW1 payment is due upon completion.
Any alteration or deviation from the above specifications involving extra cost of material or labor will only be
executed upon written orders for the same, and will become an extra charge over the sure mentioned in this
contract.,
RespectUly submitted,
Chris G. Simadis'
Vice President
,�XJJI�17'B
(INSUlf41WEREQVIR EMS)
Certificates of Insurance shalt 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 flak Brook and
each permittee working under a permit as required pursuant to the provisions of Title f of Chapter
8 of the Code of Ordinances of the Village of Oak Brook(hereinafter m4brred 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) - $1,00,000 combined single limit per accident for bodily
injury and prop"damage;
C. Worker's Compensation and Emp#byer's Liapbility-Worker's Compensation limits as required
by the tabor Code of the State of Illinois and Employees 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 irisureT shall reduce or eliminate'such deductible or seff-insured
reter'hon 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 of ers. officials. employees and volunteer 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 girded to ft
Village, its officers, officials,employees,volunteers, oragents-
(2) The Insureds 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 Ville, its officers, officials, employees, volunteers or
agents shall be in excess of the Insu s insurance and shall not contribute with its
``
(3) Any failure to comply with reporting provisions of the policies shall not affect coverage
provided to the Wage,its officers,officials,employees,volunteers or agents.
(4) The trsute(Ys insurance shall apply separately to each Wired party against whom
claim is made or suit is brought except with respect to the limits of the insurees fiabilrtyy>
E. Wodcees 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 mil has been given to the Tillage, Each insurance policy shell name the
Village, its officers, officials, and employ, volunteers and agents as additional Insureds.
Insurance is to be placed with insurers with a Bests rating of no less than A_VII,
Each Insured shall furnish the 'Tillage with certificates of insurance' and with original
endorsements effecting coverage required by this provision. The certifrcate and endorsements
for each insurance policy are to be signed by a;person authorized by that insurer to bind
coverage on its behat The certificates andendorsements 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 polies or shall furnish
separate certificates and endorsements for each subcontractor. all coverages for su icontractom
shall be subject to all of the requirements stated herein-
7