R-1594 - 10/11/2016 - LIBRARY - Resolutions RESOLUTION 2016-LY-CNTRCT-R-1594
A RESOLUTION APPROVING THE WAIVER OF COMPETITIVE BIDDING
AND AUTHORIZING THE ISSUANCE OF A CONTRACT
TO TWIN SUPPLIES, INC., RELATED TO HIGH-EFFICIENCY LIGHTING
WHEREAS, the Village of Oak Brook ("Village'� has applied for a grant from the Illinois
Department of Commerce and Economic Opportunity ("DCEO") for energy efficiency initiatives to replace
fluorescent light fixtures in the Oak Brook Public Library ("Library"), located at 600 Oak Brook Road, Oak
Brook, Illinois, with high-efficiency lighting ("Project"); and
WHEREAS, Twin Supplies, Inc. ("Twin Supplies") assisted the Village in preparing the Grant
application and the Project's scope of work; and
WHEREAS, Twin Supplies is a State of Illinois DCEO approved vendor and installer, and has
installed the same light fixtures in other parts of the Library; and
WHEREAS, Friends of the Library have committed to donate $5,000.00, but through the end of
2016 only; and
WHEREAS, the Director recommends that the Village waive competitive bidding and issue a
contract to Twin Supplies for the Project in an amount not to exceed $39,470.00 ("Contract"); 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 waive competitive bidding and
issue the Contract;
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: Recitais. 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 Biddinq Requirements. The advertising and bidding
requirements for contracting for the Project shall be, and they are hereby, waived in accordance with
Section 1-7-4 of the Viliage Municipal Code.
Section 3: Approval of Contract. The President and Board of Trustees hereby approve the
Contract with Twin Supplies per the signed Review of Contract form.
Section 4: Authorization and Execution of Contract. The Village President and Village Clerk
shall be, and hereby are, authorized to execute the Contract between the Village and Twin Supplies after
receipt of the final Agreement fully executed by Twin Supplies.
Section 5: 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-LY-CNTRCT-R-1594
Waiver of Competitive Bidding re:High-Efficiency Lighting
Page 2 of 2
APPROVED THIS 11th day of October, 2016
�x .
Gopal . almalani
Village President
PASSED THIS 11th day of October, 2016.
Ayes: Trustee Baar, Moy, Tiesenga, President Lalmalani
Nays: Trustee Manzo
Absent: Trustee Adler
Abstain: Trustee Yusuf
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VII�LAQE OF OAR BROOg
CONTRACT FOR THE
QAK BRQOK PUBLIG LIBRARY LIQHT FtXTtT1i.L�8 UPGRAI}E PKOJECT
� Full Name of Contractor�Twin Suppliea,Ltd.�"Condractvr'')
Frineipal Of�`ice-Addre�s� 1Q10 Jorie Blvd., C}a�Brooh,Illinois 60623
Contact Peraon�Chris Skokna Teleghone Number�(6,38�ie3-'�-�H+4fi ��O-.�p-�13 g
Tp: Village of Oak Brook("Yillag�'}
1244 4ak Brook Road
Oak Brook,Illinois
Attention:Doug Patchin,Public Works Director
Contrector warrents and represents that C'ontraetar has ;
carefully examiraed the Wor.k Szte described belaw and �
haa �ariew�d and unrferstood al! dv�ur»enf.� included,
referred ta,or mentioned in this bound�set vfdo�c�ments. '
2. ,�r�
A. Contract and Work. Contractar acknowledges,
and agrees, that Contractor ahaIl, at its aole cost and
expense,provide, perform, and complete, in the manner
specified and deacribed, and upon the terms and
canditibns set farth, in this Contract,all of the following,
all of which is herein referred to as the"Work"� 5. I4�isce�neous. Do all other thing$ reguired
of Gontractor by this Contract� and
1. bar. Eqwpment. Materials,_�nd SunnZies,
Provide, Perform, and, compl�tea in the 6. ali . Provide, Perfarm, and ca�uglete all'
manner epecified and deecribed in thie of the foregoing in a proper and wark�anlike
Gontract, all necessary work, I�bor, services, m�nner, consistant with the at�z�d�;rda of
tranaportation, equipment, materials, xecagnized profeeeional firms in performing
supplies,information,data, and other means Work of a aimilar nature, in fit1l compliance
and items necessary for the 4ak Hrook with, and as required by or pursuant, to this
Public Library Light Fixtureg Upgrade Ca�tract, and with the greategt ecanomy,
Project as liated in Exhibit A attached efficiency, and expedition consistent
hereto, at Oak Braok Pubiic Library 600 Oak therewith, with only new, undamaged, and
Brook Road, Oak Brook, Illinois 60523 first- quality equipment, materiai$, and
("Work Sit�')> supplies.
2. Permits. The Village t�rill furnish all B. P�rf4rm�ee ndards. Cc>ntractar
germits, licanses, and other �crvernmental acknowledge� and agreea that aA Work shall be fully
�pprovals and authorizations neeeasary in provid�d, perforzned, and completed in accortla�ce with
connectinn therewith� the estimat� dated July 21, 2016, attached hereto as
Exhibit A.
3'. Insurance. Procure and furnY�h insurance
certificates specified in this Contraet>- C. Respa,�n����for DamaQ�s,�,�q,ga. Cantractor
prapasee, and agrees, that Contractor ahall be
4. Taxes. Pay all applicable federal, stete, and responsible and liable for, and ahall promg�Iy and
local taxes; without charge to Village repair or replace, any damage
done to, and any Ioss or i�jury suffered by, the Village,
the Work, Che Work Site, or other property or pereons aa
a reault of tha Vttark.
1
D, �.pectianlTesting/Rejecti�n. Village shall have All payments may be subject to deduction or
the right to inapect all or any part of the Work and to aetoff by reasan af any failure of Contractor to
reject all or any part of the Work that is, in Village e perfarm under this Contract. Each payment
judgment, defective or damaged or that in any way fails shall inelude Contractor's certification of the
to conform strictly ta the requiremants of thie Contract vslue of, and partial ar final waivers of lien
and the Village, without Iimiting ita other rights or covering, all Wark for which payment is then
remedies, may require carrectian or replacement at requested and Contractor's certificatian that all
Contractor"s caet, perform ar have performed all Work priar payments have been properly applied to ;
necessary to complete or correct all or any part of the the payment or reunbursement of the costs with
Work that is defective, damaged, or nonconforming and respect to whic�they were paid. ;
charge Contractor with any excees cast incurred thereby,
or cancel all or any part of any order or this Contract. 3. �Qn�,r�,��Time
Work eo rejected may be zeturned ar held at Contractor's '
expense and risk. Contractor acknawiedges and agrees that Contractor
ahall commence the Work within .16 d�ye (weather
2. Contract Price permittiagl following th� Village's accegtance of this �
Contract provided Contr�etor shall h�ve furni�hed to the ?
Contr�ctcrr acknowled�es and agreea that Contractor Village ali bonds, i#' �pgiicable, and all insurance ;
shali take in full pay�ent for all Work and other matters certificates sgecified in thie Contract {"�pmmeat�men6 ;
set forth under Sectiun 1 abave, including overhead and Dald'}. Contractar further acknc�v�+�ledges and sgrees �
profit� taxea, coatributians, and premiume; and that Contractor �haA perfoz�m the Wark diligently and �
compensation ta all subcantractora and suppliera, the continuously and shall complete the Work not later than �
compensation aet-farth below. Deaember3l,2DIG{"?�me tsfPerfvrmaac�'}. The Village
may modify the Time af Performance at any time upon �
A. SCHEDULE t?F PRICES 15 days prior written notiee tt� the Contractor. Delaye
caused by the Village shall e�end the Time of ,
For providing, performing, and completing all Performance. provided, hvwevex, that Contractor ahall ;
Wark,the total Contract Price of$35,470.04 be reaponsible for completion of all Work within the !
Time of Performance, notwithstanding any strike or �
TOTAL CONTRACT PRICE tin writing)� other work stoppage by employees of either Contractor or �
of the Village.
Thirty Nine Thousand Four Hundred and
Seventy Dollars 4. Financial Assuranoe ?
,
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B. BASIS FOR DE�'ERMII�tING PRICES A. Inaurance. Contractor acknowledges and agrees �
that Contractor shall provide certificates of insurance �
It ia expresely understood and agreed that� evidencing the minimum insurance coverages and limite =
set forth in Exhibit B with�in lU days follawing the �
1. All pric�s a�ated in th� Schedule of Frices Village`s acceptance af thia Contract. ,Such policiss ahall �
are firm and shall net be subject to be in form, and from comganies, acceptsble to the �
e�calatian or change; Village. The insurance coveragea and li�ite aet forth ;
Exhibit B shall be deemed to be minimum ovvera�es and s
2. The Village is nnt subject �a atate or iocal limite and shall nQt be con�trued in any wax as a
salest use, and exciee €a�es, that no such limitation on Contr�ctax's duty �a carry adequate
t�es are in�]uded in the Schedule of Pricea, ineurance or an Contractor's liab'slity for laesae or
�nd that ail elaim ar right to c3aim any damages'under this Gontract. The mini�num insurance
additiona� compensation by reason of the coverages and limits that shall t�e; ,maxntained at all
payment af any �uch tax is hereby waived times while praviding, performing, or campleting the
and releaaed> Work are as set farth in E�ibiL B. �
3. All ather appiicsbie federal, state, and tocal B. Indemnificatig�. C�ntractor acknowledgea and �
taxea of every kind and nature applicable to agreea that Contractor shail indemnify and aave �
the Work are included in the Schedule of harmleas the Village its officers, officials, employees and �
Prices, volunteers, against all damages, liability, claims, losses, _
and eacpenses(including attorneys'f�}that may arise,or 4
C. TIME OF PAYM�� be alleged to have arisen, out of ar in connection with �
Contractor's performance of, or failure to perform, the ;
It is expressly understood and agreed that all Work or any part thereof, or any failure to meet the
paymenta $hall be made upon completion of the representations and warrantiea aet forth in Section 6 of �
work and final approval by the Village. this Contract. �
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D, Pe�naltgs. Contractar acknowledges and agreea and staff to en�able Contractor to perform the Work
that Cantractar shall be solely liab2e for any fines or civil successful2y and promptly and tc> commenee and
penalties that are impased by any governmental or complete the Work within the Ccmtract Price �nd
quasi-�overnmental agency or body that may ariae, or be Contract Time s�t forth above.
alleged to have arisen, out of or in connection witb
Contractor's performance o€, or failure to perform, the 7. Acknawled¢ements
Work or any part thereaf.
In submitting this Contract, Contractor
5. Firm Propoaal acknowledges and agreea that�
All pricea and ather terms stated in this Contract are A. li nce. The Village ie rel�ing on all
firm and shall not be aubject to wittrdrawal, escalation, warrantiea, representations, and atatement� made by
ox G���ge, Contractar in this Contract,
6. ��ntraetor's Rgpraesn tiane and Warrantiea B. �ceptance. If this Co�tract ia accepted, '
Contractar shall be bound by each and every term,
In order to induce the Village to accept thia Contract, condition,or provision contained in this Contract.
Contractor hereby repreaents and warrants as follows� !
D. emedies. Each of the rights and remedies
A. T W rk. The Work, and all of its components, reserved to the Village in this Contract ahall 'be .
' shall strictly conform to the requirements of this cumulative and additianal to any other ar further
Contract, including, without limitation, the performance remediea provided in law or equity or in this Contract.
standards set forth in Subsection 1B of this Contract�
and shall be fit, sufficient, and auitable for the purposea E. Time. Time is of the essence in the performance
expreased in, or reasonably inferred from, thia Contract of all terms and provisions of this Contract and, except
and the warranties expressed herein ahall be in addition where atated atherwiae references in this Contract �o !
to any other warranties expreaeed or implied by law, days ahall be conatrued to refer to calendar days and
which are hereby reserved unto the Village. time.
B. Comnliance with Lawa. The Work, and all of its F. Na W�ive�. No examination, inspection,
companenta, shall be provided,performed, and completed investigation, test, measurement, review, determination,
in compliance with, and Contractor agrees to be bound deciaion, certificate, or approval by the Viilage, whether !
by, all applicable federai, state, and local laws, ordera, before or after the Village's acceptance of thia Cantract�
rules, and regulations, as they may be modified or nor any information or data supplied by the Village,
amended from time to time,including without limitation, whether before or after the Village's acceptance of this ;
if applicable, the Prevailing Wage Act, 820 ILCS Contract; nor any order by the Village for the payment of
I3Q/Q.Ol e� �eq.� any other prevailing wage lawa; any money� nor any payment for, or use, posaesszon, or
statutes requiring preference to laborers af apecified acceptance af, the whole or any part of the Wark by the
Clasaes's any atatutes grohibiting discrimination because Village; nor any extension o£time granted by the Village,
of, or requiring affirmative action baeed on, race, creed, nor any delay by the Village in exezcising any right
color, national origin, age, aex, or other prohibited under thie Gontraet� nor any other act or amiasion af the ��
cias$i&cation� and any atatutes regarding aafety or the Village ahall constitute or be deemed ta be�n acceptance e
gerformance of the Work. Further, Contractor shall of any defective, damaged, or nonconforming Work, n4r °
have a written aexual harasament policy in comgliance operate to waive or otherwise diminish the effect of any �
with Sectian 2-i05 of the Illinois Human Righta Act repreaentation or warranty made by Contractar; or af E
during the caurse of the work. any requirement or provision of this Contraet; or af any �
remedy,power,or right of Ghe Village. �
C. Not Barred. Contractor is not barred by law
,
from contractin�,with the Village or with any other unit G. Severability. It ia hereby expresaed to be the �
of state or local government as a result of (� a intent of the parties to this Gontract that shauld any :
delinquency in the payment of any tax adrainietered by proviaion, covenant, agreement, or portion of this'
the Tllinois Department of Revenue unlese Contractox ia Contract or ita applicatian to any Ferson or praperty be ;
contesting, in accardance with the pracedurea held invalid by a court of competent jurisdictian, the :
established tay the appropriate Revenue Act, its liability remaining proviaiona of this Contract and the validity, �
for the tax dr the amount of tax, aa set forth in 65 ILCS enforceability, and applicatian to any Peraan or propert� F
5/11-42.1-1> or (i� a violation of either Section 33E•3 or �hall not be impaired thereby, but the �c+emaining ;
Section 33E-4 pf Article 33 of the Criminal Code of 1961, provisiona ahall'be interpreted, applied, and enforesd so �
720 iLCS 5133E-I et,�g. ae ta achieve, as near as may be, the purpo�e at�d intent' �
of thie Contxact to the greatest extsnt permitt�d by �
I7. Q,�,�g�i. �ontractar has the requisite applicable law. �
exp�rience, ability, eapital, facilities,plant,arganization, s
q 9
J �
s
i
i
H. Amendmenta and Modifications. No amendment upon the certification af a lower tier subcontractor,
or modification to thie Contract ahall be ef�'ective until it provided that the general contractor dcea not knowingly
is reduced to writing and approved and executed by the rely upon a aubcontractor's falae certification. Upon two
corporate authoritiea of the parties in accordance with all busineae daya' notice, Contractor and each subcontractor
applicable statutory procedurea. ahall make available for inspection the recorda required
to be made and kept by the Act� (� to the Village, its
I. Aeaignment. Neither this Contract, nor any officers and agente, and to the Director of the Illinois
interest herein, shall be asaigned or aubcontracted, in Department of Labor and his or here deputies and
whole or in part, by Contractor except upon the prior agenta> and �i� at all reasonable hours at a location
written consent of the Village. within this State.
J. Governing Law; Venue. Thie Contract shall be L. Conflicta of Intereat. Contractor repreaenta and
governed by, construed and enforced in accordance with certifies that, to the best of its knowledge, (1) no elected
the internal lawa, but not the conflicta of laws rules, of or appointed Village official, employee or agent has a
the State of Illinais. Venue for any action ariaing out of peraonal financial interest in the bueineas of the
or due to thia Contract shall be in the Circuit Court for Contractor or in this Agreement, or has peraonally
DuPage County, Illinois. received payment or other consideration for thia
Agreement� �2) as of the date of thie Agreement, neither
K. Certified Pavrolle. Contractor ahall, in Contractor nor any peraon employed or asaociated with
accordance with Section 5 of the Illinois Prevailing Wage Contractor hae any interest that would conflict in a�y '
Act, 820 ILCS 130/5, if applicable, submit to the Village, manner or degree with the performance of the
on a monthly basis, a certified payroll. The certified obligations under thia Agreement� and (3) neither '
payroll ahall consist of a complete copy of those records Contractor nor any person employed by or aesociated
required ta be made and kept by the Prevailing Wage �,vith Contractor shall at any time during the term of thie '
Act. The certified payroll ahall be accompanied by a Agreement obtain or acquire any interest that would
etatement aigned by the Contractor or subcontractor �
conflict in any manner or degree with the performance of ,
which certifiea that� (1) such records are true and the obligationa under thie Agreement. "
accurate� (2a the hourly rate paid is not lese, if
applicable, than the general prevailing rate of hourly M. Exhibi s. If any conflict exists between this
wages requixed by the Prevailing Wage Act; and �3) Contract and any exhibit attached hereto, the terms of
Contractor or subcontractor ia aware that filing a this Contract shall prevail.
certified payroll that he or she knowa to be falae is a
;
Clasa B miademeanor. A general contractor may rely �
�
IN WITNESS WHEREOF the parties hereto VII.I,AGE OF OAK BROOK, an Illinois
have caused hie A reement to be executed, municipal corporation
effective on���� �� 2016.
. r
ATTEST:
�
i
By� �� � l/�� By� � t ' •
Charlotte Pruas,Village G'erk Riccardo F. Ginex,Village anager
ATTEST� T1MN 3UPPLIES,LTD.
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By: �-�� �c� �� 10 �fi�Zai G
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EXHIBITA
� (E,�TIMATE.DATED JULY21, 2016}
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TV�IN SUPPLIES, LTD. Estimate
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VILLAGE OF OAK BROOK Vi}lage of Oak Brook Library
t200 OAK BROOK RD. 600 Oak Brook Road
OAK BROOK IL,60523 Oak Brook,IL b0523
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Page 1
TWIN SUPPLIES, LTD. Estimate
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Ship To '
VILLAGE OF OAK BRQf1K Village of 0ak Br�ook Libsary
12Q0 OAK BROOK RD. b0U Oak Brook Road
OAK BR�OK IL,b0523 Oak Bro4k,'IL 60523
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DATtREN MARTENS 63Q-3fi$-5289
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h'XHIBIT B
(1 NS t IR A NCE R E Q t IIR EMEN T S)
Certificates of Insurance shall be pre�ented to the Village ugon execution of ttus contract and vendor �hall not
commence work until it provides and receives acceptance of insur�nce certificates from the Village a�required by
this exhibit.
E�ch contractor perf4rming �ny uv�rk pureuant to a cx�ntract with the Village of Oak Brook and each permittee
working under a permit as required pursuant to the provisions of Title 1 af Chapter$of the Code of Ordinances of
the Village of Oak Barook (hereinafter referred to as "Ineured"} shall be required to carry such ansuxance as
specified herein. Such contractor and permittee shall procure and maintain for the duration af the c�ntract or
permit insurance against claims for injuries to persons or damages to property which may arise from or in
connection with the performance af the wark under the contraet or permit, either by the eontraetor,permittee,ar
their agenta,representatives,employeea or aubcontractors.
A cantractor or permittee shall maintain insurance with limits no less than�
A: General Liability - $2;U{�U,OUO combined single limit per occurrence far bodily injury, personal inju�y and
property damage�
B. Automobile Liability fif applicable) - $1,000,000 combined single limit per aecident for bodity injiuy and
property damage�
C. Worker's Compensatian and Employer'a Liability-Warker's Compensation limits as required by the Labor
Code of the State of Illinois and Employer's Liability limits of$3,OQ(?,000 per accident.
Any deductiblea or self-insured retentian must be declared to and appmved by the Village. At the option of the
Village, either the insurer shall reduce or eliminate euch deductible or self-inaured retention as respects the
Village, its officers, officials, emgloyeea and volunteere� or the Ineured shall procure a bond guaranteeing i
payment of lossea and related investigations, claim administration and defense expenses to the eactent of sueh ;
cleductible or self•insured ret,�ntaon.
Th�policies shall c�ntain,or be endors�d to contain,the fallowing provisians:
b. General Liability and Autamabile Liability Coverage-
�l)The Village, ita officers, officiala, employeea and volunteers are ta be covered ae additional ig$��ie as
respecte� liability arising out af activities performed by or on behalf of the Inaured;premisea awned,
occupied or used by the Ineured. The coverage shall c�ntain no special limitations an the scope of
protection afforded to the Village,its officers,officials,employees,volunteera,or agents.
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(2)The Insured's insurance coverage shall be primary insurance as reapects the Village, its afficers, `
officials, empioyees, valunteers and agents. Any insurance or self-ineurance maintained by the
Village, ita af�'icers, off'icials, employees, valunteers or a�ents shal� be in excess af the Inaured`s
inaurance and shall nat contribute with it. '
C3)Any failure to comply with reporting provisions of the palieies shall not affect coverage provided�o the
Village,ita officex'�,official:s,emploqees,valunteers ar agents,
(4)The Insured'e inguranee 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 aubrogation against the Village, its officera, officiala,employe�s,
6
volunteers and agent�for loases arising from work perftnamed by the insured for the Village.
Each insurance policy shall be endorsed�atate that coverage shall not�e�uspended,vaided,canceled by either
party, reduc�d in cx�vera�e or in limits except after thirty (34) daya priar written notice by certified mail has
been given ta tke Villa�e. Eaeh insurance palicy shall nam� the �ill�ge, its officere, officials and employees,
volunteers and agents�s additional Tnaurede. Insurance is to be placed with insurere with a Beat's rating of no
less than A�VII.
Each Ineured shall furnish the Village with certificates of insurance snd with original endoraements effecting
coverage required by this provision. The certif"icate and endorsements for each ineurance policy are to be signed
by a person authorized by that insurer to bind coverage on ita behalf. The certificates and endorsemente are to
be on forms appraved by the ti'illage and ehall be aubject to approval by the Village Attorney before wark
commences. The Village res�rves the right to require complete,certified capies of all required insurance policiee,
at any time.
Each insured shall include all subcontractors aa insureds under its palicie�ar ahall furnish separate certifica�s
and endorsemente for each :subcantractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein,
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