R-1362 - 04/22/2014 - LIBRARY - Resolutions Supporting Documents ITEM 6.F.2)
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CQUN-TI,
AGENDA ITEM
Regular Board of Trustees Meeting
of
April 22,2014
SUBJECT. Award of contract Library HVAC Control System Upgrade
FROM: Michael Hullihan,Director of Public Works
BUDGET SOURCE/BUDGET IMPACT: Facilities Capital Improvement Fund (Program
421)$26,500
RECOMMENDED MOTION: I move that the Village Board authorize award of a
contract with Schneider Electric, Inc. for the Library HVAC Control System Upgrade at
a cost not to exceed$26,500.
Backfround/History The heating,ventilation,and air conditioning(HVAC)system for the
library was installed in 2002 and is controlled by an automated control system. The system was
supplied by Andover,,Inc. and is comprised primarily of proprietary hardware and software
components. The technology is obsolescent and has lost key functionality due to incompatibility
with other systems(i.e. Village phone system and intranet). Replacement of malfunctioning
components may not be possible and extended loss of the HVAC system is becoming an
eventuality. As this is a proprietary system and Schneider Electric is the local representative for
the manufacturer, competitive bidding is not possible. At the end of the HVAC system life-cycle
(around 2022),replacement of the entire system may be possible.. At that time,competitive
bidding would be advised.
Recommendation:
That the 'Board authorizes award of a contract with Schneider Electric, Inc. for the Library
HVAC Control System Upgrade at a cost not to exceed$26,500
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G�OfOAKe Village of oak Brook Purchase Order
v �0 0 1200 Oak Brook Road
0 0 Oak Brook, IL 60523-2255
�? (630)368-5000 Fiscal Year 2014 Page 1 of 1
courrS'l,` www•oak-brook.org Revisions 000 7MilS Mf'L �� �Af 0C."j, Xt IN�{J�IC
PAfcRriK iiIQSffrsJ'I�fC ?fPIS.
300 Order#e 20140428-000
VILLAGE OF OAK BROOK Expiration date 12/31/2014
PUBLIC WORKS
1200 OAK BROOK ROAD Delivery must be made within
T" OAK BROOK, IL 60523 doors of specified destination.
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TELVENT DTN LLC K VILLAGE OF OAK BROOK
N: 26385 NETWORK PLACE I BUILDINGS AND GROUNDS
CHICAGO, IL 60673-1263 ' 3003 JORIE BLVD
O T OAK BROOK, IL 60523
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Vrdbr Ph�in Number" Vendor Fad Number. ` F2equsittsn N,urrb C�e1l.ref rice.
20140499 DARREN MARTENS
Date=Oedered "'Vendor Nurnber [date Required Freight Methbd/Terrns e rtrri ntll�i c %gin
05/06/2014 14289 BUILDINGS AND GROUNDS
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1 LIBRARY- HVAC COMPUTER UPGRADE 1.0 Each $26,500.00000 $26,500.00
IMPORTANT:Read Terms& Conditions provided on the back of this purchase order.
PurOiaSO C3rOer TDrla
Village Manager $26,500.00
VENDOR COPY
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VILLAGE OF OAK BROOK
CONTRACT FOR PURCHASE, DELIVERY, AND INSTALLATION OF j
THE ANDOVER CONTROLS CONTINIUM SYSTEM AT THE OAK BROOK PUBLIC LIBRARY
This CONTRACT FOR PURCHASE, DELIVERY, AND INSTALLATION OF THE ANDOVER CONTROLS CONTINIUM
SYSTEM AT THE OAK BROOK PUBLIC LIBRARY ("Contract") is dated as of the 22ND day of April, 2014 ("Effective
Date', and is by and between the VILLAGE OF OAK BROOK, an Illinois municipal corporation ("Village"), and
SCHNEIDER ELECTRIC, of 17475 Palmer Blvd., Homewood, IL 60430 ("Vendor").
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1. Contract to Deliver and Install Products
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A. Contract and Products. The Vendor shall deliver to the Village, at the Delivery Address defined below, the
products, items, materials, merchandise, supplies, or other items (collectively, the "Products'l identified in Quote# TMT-
OAKBLIB-03202014, dated March 20, 2014 submitted by Schneider Electric and prepared and submitted to the Village by
the Vendor ("Proposal"), which Proposal is attached to this Contract as Exhibit A, in new, undamaged, and first-quality
condition. Vendor further shall:
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1. Labor, Equipment, Materials, and Supplies. Provide, perform, and complete, in the manner specified and
described in this Contract and the Proposal, all necessary work, labor, services, transportation, equipment,
materials, supplies, information, data, and other means and items necessary to deliver and install the
Products, all in a proper and workmanlike manner;
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2. Permits. Procure and furnish all permits, licenses, and other governmental approvals and authorizations
necessary for the delivery and installation of the Products;
3. Insurance. Procure and furnish all insurance certificates and policies of insurance, if any, specified in this
Contract;
4. Taxes. Pay all applicable federal, state, and local taxes; and
5. Miscellaneous. Do all other things required of Vendor by this Contract.
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B. Delivery Address. The Products must be delivered to the following address:
Oak Brook Public Library
600 Oak Brook Road
Oak Brook, Illinois 60523
C. Performance Standards.
1. Products. The Vendor agrees that the Products will comply strictly with the specifications for the Products
identified in the Proposal. If this Contract specifies a Product by brand name or model, that specification is
intended to reflect the required performance standards and standard of excellence that the Village requires for
the Product. However, the Vendor may propose to deliver a Product that is a different brand or model, if the
Vendor provides written documentation establishing that the brand or model it proposes to deliver possess
equal quality, durability, functionality, capability, and features as the Product specified. i
2. Installation. The Vendor agrees that the Products will be installed in accordance with the specifications and
set forth in the Proposal ("Installation"). The Vendor represents and certifies that Installation will be j
provided, performed, and completed: (i) in a proper and workmanlike manner, consistent with the highest
standards of professional and construction practices, in full compliance with, and as required by, this
Contract, and with the greatest economy, efficiency, and expedition consistent therewith, with only new,
undamaged, and first quality equipment, materials, and supplies; and (ii) in accordance with the standards of
professional practice, care, and diligence practiced by recognized vendors performing services of a similar I
nature in existence during the time that this Contract is effective. The representations and certifications
expressed herein shall be in addition to any other representations and certifications expressed in this
Contract, or expressed or implied by law, which are hereby reserved unto the Village.
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D. Responsibility for Damage or Loss. The Vendor shall be responsible and liable for, and shall promptly and
without charge to the Village, repair or replace, any damage done to, and any loss or injury suffered by, the Village as a
result of the Vendor's failure to perform hereunder.
E. Inspection/Testing/Rejection. The Village shall have the right to inspect all or any part of the Products upon
delivery and after Installation. If, in the Village's judgment, all or any part of the Products is defective or damaged or fails
to conform strictly to the requirements of this Contract, then the Village, without limiting its other rights or remedies, may,
at its discretion: (i) reject such Products; (ii) require Vendor to correct or replace such Products, or the Installation thereof,
at Vendor's cost; (iii) obtain and/or install new Products to replace the Products that are defective, damaged, or
nonconforming and charge Vendor with any excess cost incurred thereby; and/or(iv) cancel all or any part of any order or
this Contract. Products so rejected may be returned or held at Vendor's expense and risk.
2. Pricing
A. Contract Price. The Vendor shall deliver the Products to the Village and complete the Installation in accordance
with the prices set forth in the Proposal ("Pricing"). Vendor shall take, in full payment for all Products and other matters
set forth under Section 1 of this Contract, including overhead and profit, taxes, royalties, license fees, delivery,
contributions and premiums, and compensation to all subcontractors and suppliers, the Total Contract Price of
$26,500.00.
B. Basis for Determining Prices. It is expressly understood and agreed that:
1. All prices stated in the Pricing are firm and shall not be subject to escalation or change;
2. The Village is not subject to state or local sales, use, and excise taxes, and no such taxes are included in the
Pricing, and that all claims or rights to claim any additional compensation by reason of the payment of any such
tax are hereby waived and released;
3. All other applicable federal, state, and local taxes of every kind and nature applicable to the Products are included
in the Pricing; and
C. Time of Payment. It is expressly understood and agreed that all payments shall be made in accordance with the
following schedule:
Upon Completion by the Vendor and approval by the Village.
All payments may be subject to deduction or setoff by reason of any failure of the Vendor to perform under this
Contract.
3. Contract Time
The Vendor shall deliver the Products to the Village at the Delivery Address and complete the Installation as mutually
agreed upon by the Village and Vendor, but in no event later than October 1, 2014.
4. Financial Assurance
A. Indemnification. The Vendor shall indemnify, save harmless, and defend the Village against all damages, liability,
claims, losses, and expenses (including attorneys' fees) that may arise, or be alleged to have arisen, out of or in
connection with the Vendor's performance, or failure to perform, under this Contract, including, without limitation, any
failure to meet the representations and warranties set forth in Section 5 of this Contract.
B. Insurance. The Vendor shall provide, at its sole cost and expense, liability insurance in the aggregate amount of
$1,000,000, which insurance shall include, without limitation, protection for all activities associated with the purchase,
delivery, and Installation of the Products. The insurance shall be for a minimum of $1,000,000 per occurrence for bodily
injury and $1,000,000 per occurrence for property damage. The Vendor shall cause the Village to be named as an
additional insured on the insurance policy described in this Section 4.13. Not later than 10 days after the Effective Date,
the Vendor shall provide the Village with either: (a) a copy of the entire insurance policy; or (b) a Certificate of Insurance
along with a letter from the broker issuing the insurance policy to the effect that the Certificate accurately reflects the
contents of the insurance policy. The insurance coverages and limits set forth in this Section 4.B shall be deemed to be
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minimum coverages and limits, and shall not be construed in any way as a limitation on the Vendor's duty to carry
adequate insurance or on the Vendor's liability for losses or damages under this Contract.
C. Penalties. The Vendor shall be solely liable for any fines or civil penalties that are imposed by any governmental
or quasi-governmental agency or body that may arise, or be alleged to have arisen, out of or in connection with the
Vendor's performance, or failure to perform, under this Contract.
5. Vendor's Representations and Warranties
The Vendor represents and warrants as follows:
A. Products and Installation. All Products, and all of their components, software, and the Installation thereof, shall be
of merchantable quality and, for a period of not less than one year after delivery to the Village: (1) shall be free from any
latent or patent defects or flaws in workmanship, materials, and design; (2) shall strictly conform to the requirements of
this Contract, including, without limitation, the performance standards set forth in Section 1.0 of this Contract; and (3)
shall be fit, sufficient, and suitable for the purposes expressed in, or reasonably inferred from, this Contract. The
warranties expressed herein shall be in addition to any other warranties applicable to the Products (including any
manufacturer's warranty) and the Installation expressed or implied by law, which are hereby reserved unto the Village.
B. Compliance with Laws. All Products, and all of their components, and the Installation thereof, shall comply with,
and the Vendor agrees to be bound by, all applicable federal, state, and local laws, orders, rules, and regulations, as they
may be modified or amended from time to time. Every provision required by law to be inserted into this Contract shall be
deemed to be inserted herein.
C. Not Barred. The Vendor is not barred by law from contracting with the Village or with any other unit of state or
local government as a result of: (1) a delinquency in the payment of any tax administered by the Illinois Department of
Revenue unless the Vendor is contesting, in accordance with the procedures established by the appropriate revenue act,
its liability for the tax or the amount of tax, as set forth in 65 ILCS 5/11-42.1-1; (2) a violation of either Section 33E-3 or
Section 33E-4 of Article 33 of the Criminal Code of 1961, 720 ILCS 5/33E-1 et seg.; or(3) any other reason.
D. Qualified. The Vendor has the requisite experience, ability, inventory, capital, facilities, equipment, plant,
organization, and staff to enable the Vendor to deliver the Products and complete the Installation at the Contract Price and
within the Contract Time set forth above.
7. General Provisions
A. Reliance. The Vendor acknowledges and agrees that the Village is relying on all warranties, representations, and
statements made by the Vendor in this Contract.
B. Relationship of the Parties. The Vendor shall act as an independent contractor in delivering the Products and
completing the Installation. Nothing in, nor done pursuant to, this Contract shall be construed: (1) to create the
relationship of principal and agent, employer and employee, partners, or joint venturers between the Village and the
Vendor; or(2)to create any relationship between the Village and any subcontractor of the Vendor.
C. Default. If it should appear at any time that the Vendor has failed or refused to complete, or has delayed in the
completion of, the Installation with diligence at a rate that assures completion of the Installation in full compliance with the
requirements of this Contract, or has otherwise failed, refused, or delayed to perform or satisfy any other requirement of
this Contract ("Event of Default', and fails to cure any such Event of Default within ten business days after the Vendor's
receipt of written notice of such Event of Default from the Village, then the Village shall have the right, without prejudice to
any other remedies provided by law or equity, to pursue any one or more of the following remedies:
1. Cure by Vendor. The Village may require the Vendor, within a reasonable time, to complete or correct all
or any part of the Installation that is the subject of the Event of Default; and to take any or all other action necessary to
bring the Vendor, the Products, and the Installation into compliance with this Contract.
2. Termination of Contract by Village. The Village may terminate this Contract without liability for further
payment of amounts due or to become due under this Contract after the effective date of termination.
3. Withholding of Pavment by Village. The Village may withhold from any payment, whether or not
previously approved, or may recover from the Vendor, any and all costs, including attorneys' fees and administrative
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expenses, incurred by the Village as the result of any Event of Default by the Vendor or as a result of actions taken by
the Village in response to any Event of Default by the Vendor.
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D. Ownership. Designs, drawings, plans, specifications, photos, reports, information, observations, calculations,
notes, and any other documents, data, or information, in any form, prepared, collected, or received from the Village by the
Vendor in connection with any or all of the Services to be performed under this Contract ("Documents'l shall be and
remain the exclusive property of the Village. At the Village's request, or upon termination of this Contract, the Vendor
shall cause the Documents to be promptly delivered to the Village i
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E. Notice. All notices required or permitted to be given under this Contract shall be in writing and shall be delivered
(1) personally, (2) by a reputable overnight courier, or by (3) by certified mail, return receipt requested, and deposited in
the U.S. Mail, postage prepaid. Unless otherwise expressly provided in this Contract, notices shall be deemed received
upon the earlier of: (a) actual receipt; (b) one business day after deposit with an overnight courier, as evidenced by a
receipt of deposit; or (c) four business days following deposit in the U.S. mail, as evidenced by a return receipt. By notice
complying with the requirements of this Section 7.E, each party shall have the right to change the address or the
addressee, or both, for all future notices and communications to the other party, but no notice of a change of addressee or
address shall be effective until actually received.
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Notices and communications to the Village shall be addressed to, and delivered at, the following address:
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60523
Attention: Michael Hullihan, Public Works Director
Notices and communications to the Vendor shall be addressed to, and delivered at, the following address:
Schneider Electric
17475 Palmer Blvd.
Homewood, IL 60430
Attention: Tiffany Taylor, Account Service Representative
F. Binding Effect. The terms of this Contract shall bind and inure to the benefit of the Village, the Vendor, and their
agents, successors and assigns.
G. Remedies. Each of the rights and remedies reserved to the Village in this Contract are cumulative and additional
to any other or further remedies provided in law or equity or in this Contract.
H. Time. Time is of the essence in the performance of all terms and provisions of this Contract. Except where
specifically stated otherwise, references in this Contract to days shall be construed to refer to calendar days and time.
I. No Waiver. No examination, inspection, investigation, test, measurement, review, determination, decision,
certificate, or approval by the Village; nor any information or data supplied by the Village; nor any order by the Village for
the payment of money; nor any payment for, or use, possession, or acceptance of, the whole or any part of the any
Product by the Village; nor any extension of time granted by the Village; nor any delay by the Village in exercising any
right under this Contract; nor any other act or omission of the Village shall constitute or be deemed to be an acceptance of
any defective, damaged, or nonconforming Product, or the Installation thereof, nor operate to waive or otherwise diminish
the effect of any representation or warranty made by the Vendor; or of any requirement or provision of this Contract; or of
any remedy, power, or right of the Village.
J. Severability. It is hereby expressed to be the intent of the parties to this Contract that should any provision,
covenant, agreement, or portion of this Contract or its application to any person or property be held invalid by a court of
competent jurisdiction, the remaining provisions of this Contract and the validity, enforceability, and application to any
person or property shall not be impaired thereby, but the remaining provisions shall be interpreted, applied, and enforced
so as to achieve, as near as may be, the purpose and intent of this Contract to the greatest extent permitted by applicable
law.
K. Amendments and Modifications. No amendment or modification to this Contract shall be effective until it is
reduced to writing and approved and executed by the corporate authorities of the parties in accordance with all applicable
statutory procedures.
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L. Assignment. Neither this Contract, nor any interest herein, shall be assigned or subcontracted, in whole or in
part, by the Vendor except upon the prior written consent of the Village.
M. Governing Law. This Contract shall be governed by, construed, and enforced in accordance with the internal
laws, but not the conflicts of laws rules, of the State of Illinois. All judicial actions relating to any interpretation,
enforcement, dispute resolution or any other aspect of this Agreement shall be brought in the Circuit Court of the State of
Illinois, DuPage County, Illinois. Any matter brought pursuant to the jurisdiction of the federal courts shall be brought in
the United States District Court of the Northern District of Illinois.
N. Exhibit. Exhibit A attached to this Contract is, by this reference, incorporated in and made a part of this Contract.
In the event of a conflict between the text of the Exhibit, and the text of this Contract, the text of this Contract will control.
Specifically, and without limitation of the foregoing, the sections of the Proposal titled "Exclusions and Clarifications" and
"Terms and Conditions of Sale" shall be of no force or effect.
IN WITNESS WHEREOF, the Village and the Vendor have executed this Contract this 22nd day of April, 2014.
ATTEST: VILLAGE OF OAK BROOK
By: BY:
Village Clerk Village Manager
ATTEST: SCHNEIDER ELECTRIC
By: By:
Title: Its:
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EXHIBIT A
PROPOSAL
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Schneider
Electric
Thursday, March 20,2014 Quote#:TMT-OAKBLIB-03202014
Mr. Daren Martin
Oak Brook Public Library
Village of Oak Brook Public Works
1200 Oak Brook Road
Oak Brook, IL 60523-2200
Re:Upgrade Infinity System to New Continuum System and add a Cyberstation Front End
Dear Mr. Martin,
Thank you for your continued commitment to Schneider Electric and allowing us to propose Andover
energy management system upgrade. This quote is based on your phone call request. Included are the
Systems Overview,Job Summary, Project Summary, Equipment List and Pricing Summary.
Systems Overview
The Andover Controls Continuum system product line incorporates the latest TCP/IP,Windows 7 and
SQL technologies to provide a flexible,yet powerful,solution for your security, lighting, and building
automation needs.
The Andover Architecture is made up of two parts:
• TCP/IP Enterprise Network(The LAN or WAN)
• Andover Infinet
Andover supports the Ethernet TCP/IP protocol utilizing static IP addresses. Information is transferred
from BCX-1 Net Master to the Andover SQL Server via the TCP/IP network. The BCX-1 Net Master acts
as a bridge between the TCP/IP network and the Andover Infinet Field Bus. The Infinet Field bus is a
high-speed communications network,which allows all of Andover's Infinet controllers to communicate
and run control sequences.
To interface to this network layout,Andover developed the Cyberstation Workstation. Cyberstation is a
suite of applications that allows an end user to program, configure and administrate their system easily
through a graphical front end. The Cyberstation software lets users perform power tasks such as:
• E-mailing of Critical Alarms
• Changing of Setpoints and Operating Parameters
• Setting up System Security
• Program Infinet Controllers
• Log Data for Months at a Time
• Generate Detailed Reports on Equipment or System Functions
Schneider Electric I Buildings Business
17475 Palmer Blvd.
Homewood,IL 60430 USA
Tel.+1708-271-4700 Fax+1708-271-4701
www Schneider-electric.co .,ldinas
The Oak Brook Public Library Andover Control system will consists of the following controls components:
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Continuum CyberStation
The Andover CyberStation Workstation is a client server application, which allows the operator to view
graphics and administer the system from a user-friendly front end. The Andover CyberStation operates
on a Windows 7 platform. All information on points, programs, personnel,and logs are stored in the
CyberStation SQL server.
The CyberStation software gives users the ability to program all controllers and points into the system,
administrate access rights,create reports and view all information in a graphical setting. All graphics are
custom developed in the CyberStation Pin Point Graphics Package,which allows users to create striking,
dynamic graphics easily. All information including programs, point names and locations and reports are
stored in the SQL database. External queries can be written to allow users to access this information via
the Web, Microsoft Office or any OLE compliant software package.
Job Summary
Existing Infinity System
The existing Oak Brook Public Library Andover Infinity System has the following Master, connected
input/output modules, and two display modules:
(1) CX 9400 Master Controller
(1) UI-3210 Module
(1) DI-3210 Module
(1) DO-810 Module
(1) AO-810 Module
(2) DCX-250 Displays
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New Continuum System
In an effort to upgrade the Infinity system, Schneider Electric suggests to utilize one 64 node BCX-1 Net
Master giving the opportunity for expansion of the Andover system. Three infinet controllers will be
utilized for the 10 module points. We will remove the DCX250 displays as the webpages will be viewable
on each user's desktop to view points.
2014 —Schneider Electric I Buildings Business
Page 2 of 9
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The other existing controllers will remain to be programmed within the Continuum System. The
Continuum CyberStation graphical user interface will replace the current CX 9400 database.
Protect Summary
• Perform a save of the entire existing system database.
• Technical labor to construct the controller panels with peripheral devices.
• Technical labor to disconnect the existing computer, master controller panel, 10 modules, and
DCX250 displays.
• Technical labor to mount,trim and terminate the Continuum bCX164 node Net Master Panel to
replace the existing CX 9400 Master panel and 10 modules.
• Technical labor to mount,trim and terminate one panel containing two controllers to replace
the existing 10 modules.
• Furnish and install one new Dell PC workstation or laptop containing Windows 7 OS and NetOp
11.1 Guest/Host software for remote capabilities.
• Furnish and install one Single User HVAC Software USB key and software onto the new PC
Workstation.
• Furnish and install one APC Power-Saving Back-UPS Pro 1300 and software for the new PC
Workstation.
• Furnish and install one Cisco 5-port switch, and one firewall onto the Oak Brook Public Library
network.
• Furnish and install one Lacie 2TB External Hard Drive for system backups,one AVG Antivirus,
and one Acronis True Image 2014 PC backup software.
• Develop CyberStation graphics as defined during project planning meetings to be held with
Schneider Electric and owner representative.
• Graphics and programming of the system are based on a point-by-point conversion from the
Infinity system to the new Continuum System.
• Schneider Electric will convert the existing Infinity system programming and the same sequences
previously functioning within the Infinity system such as: Schedules,Configured inputs/outputs,
Setpoints.
• Schneider Electric will meet with owner representative to inform of any non-functional existing
programs found during the upgrade.
• Provide(8) hours of system operator training for functionality and navigation of the system.
• Provide as-built documentation.
• Project coordination with the Oak Brook Public Library staff and Schneider Electric team.
2014 —Schneider Electric I Buildings Business
Page 3 of 9
Equipment Summary
(1) bCX1-CR-64-INF
(1) i2624 Controller
(1) i2814 Controller
(1) i2810 Controller
(2) Pre-built panel Enclosures and electrical peripheral devices
(1) Dell OptiPlex 9020 Workstation or Dell Laptop
(1) SU-HV-P-USB Software License and Key
(2) NetOp 11.1 Guest/Host Remote Software
(1) APC UPS-BR130OG BackUPS
(1) Lacie 2TB External Hard Drive
(1) AVG Antivirus Software License
(1) Acronis True Image 2014 Backup Software License
(1) Cisco 5-port switch
(1) Firewall
Total Investment:
Total proposed cost for the work described above..................................................................$26,500.00
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2014 —Schneider Electric I Buildings Business
Page 4 of 9
Exclusions and Clarifications:
• Work is to be completed during normal working hours.
• Village of Oak Brook to provide two IP addresses and network jack for the new computer and
new switch. IP used for existing master can be used for new master.
• Proposal includes applicable taxes and shipping charges.
• Any work not detailed in the above scope of work.
• All labor provided by Schneider Electric in this proposal is covered by a one (1)year warranty.
• Standard lead-time for all Andover equipment,after engineering and approval have taken place
is 2 weeks.
• Proposal is subject to Schneider Electric's terms and conditions that are attached.
We sincerely appreciate this business opportunity, and look forward to working with you.
Best regards,
Tiffany
Tiffany Taylor I Schneider Electric I Buildings Business I Account Service Representative
Phone:+1 708 271 4744 1 Fax:+1 708 271 47011 Mobile:+1 708 899 4744
Email:tiffany.taylor(a)schneider-electric.com I Site:www.schneider-electric.com/buildings
Proposal Acceptance:
Accepted By: Date:
Printed Name: Company:
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2014 —Schneider Electric 1 Buildings Business
Page 5 of 9
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Attachment-1
OptiPlex 9020 Small Form Factor
Module Description
Amazon SFF 9020 OptiPlex 9020 Small Form Factor
Operating System Windows 7 Professional, 64-bit, English
Memory 8GB (2x4GB) 1600MHz DDR3 Memory
Keyboard US English(QWERTY) Dell KB212-B QuietKey USB Keyboard
Black
Monitors Dell 22 Monitor- P2214H
Video Cards Intel@ Integrated Graphics
Wirelss Drivers No Wireless Selected
Boot Hard Drives 3208B 2.5inch'SATA.(7.200 RPM) Hard Drive
Mouse Dell MS111 USB Optical Mouse
Network Card No Bcom required
Optical Drivers 8X DVD-ROM Drive
Speakers Internal Speaker
Wireless No Wireless
Power Cord System Power Cord (English;)
Documentation No Quick Reference Guide
Productivity Software Microsoft@ Office Trial
Hardware Support 3 Year ProSupport with 3 Year NBD Limited Onsite Service After
Services Remote Diagnosis
Low Power Mode No Bios Required
Systems Management Intel@ vPro Technology Enabled
Resource DVD No Diagnostic/Recovery CD media"
Placemat No Quick Reference Guide
Cables Multi select DisplayPort-DVI Adapter
Canada Ship Options US No Canada Ship Charge
Chassis Options OptiPlex 9020 Small Form Factor for Standard Power Supply
E-Star No Estar
Processor Intel@ Core TM i5-4570 Processor(Quad Core, 120GHz Turbo, 6MB,
w/HD Graphics 4600)
Encryption Software No DDPE Encryption Software
Chassis intrusion Chassis Intrusion Switch
switch
2014 —Schneider Electric I Buildings Business
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Intel Rapid Start
Technology and Smart NO INTEL RESPONSIVE
Connect
Thermals Heatsink, Performance, Small Form Factor'
Packaging Shipping Material for System, Small Form Factor
Optical Software PowerDVD Software not included
Additional Hard Drive 320GB 2.5inch SATA(7.200 Rpm) Hard Drive
Digitally Delivered Not I i I rrus
Software
Label Regulatory Label
ADD4N Port Cards No Add On Cards
Processor Branding Intel®Core T"" 15 VPro Label
Non-Microsoft Additional SoUare'for Window 7
Application Software
Raid Connectivity RAID 1 (Data Mirroring)
Security Software No Anti-Virus SW
Operating System OS-Windows Media Not Included for N-Series
Media
Dell Backup& Dell Backup and Recovery Manager for Windows 7
Recovery
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2014 —Schneider Electric I Buildings Business
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TERMS AND CONDITIONS OF SALE
This quotation and any exhibits and attachments hereto (collectively, "Agreement") and any information contained herein, is the property of
Schneider Electric Buildings Americas Inc.("Seller")and shall constitute proprietary and confidential information unless given to a public entity
and required by law to be public information.The party to whom this quotation is addressed("Buyer")acknowledges the confidential nature of
this Agreement and agrees to take all commercially reasonable and necessary precautions to ensure the confidential treatment of this Agreement
and all information contained herein. This Agreement will not be used, copied, reproduced, disclosed or otherwise disseminated or made
available,directly or indirectly,to any third party for any purpose whatsoever without the prior written consent of Seller. The parties agree to be
bound by the following terms and conditions.
1. Quotations and Acceptance.The quotation is based solely on the bid documents,which consist of the project drawings,
specifications and/or instructions of the Buyer only modified by written agreement or Seller objection.Significant deviations between the
actual conditions and circumstances of the work and those specified in the bid documents shall be cause for an adjustment in work scope,
price and time allowed for performance.Written quotations shall be valid for no more than thirty(30)days from the date of issue,unless
specifically stated otherwise herein.Buyer may accept the quotation by signing and returning a copy to Seller or by returning Buyer's own
written instrument or order expressly acknowledging the quotation and terms set forth herein,provided,however,Seller hereby gives notice
of its objection to any different or additional terms or conditions contained or referenced in Buyer's order,which will be of no force or
effect except as may be expressly agreed to by Seller in writing.It is the intent of the parties that these Terms and Conditions of Sale shall
govern the sale of goods delivered and services performed.Upon acceptance,this Agreement constitutes the entire understanding between
the parties respecting the goods or services delineated herein and supersede all prior oral or written understandings or representations
relating to such goods or services.This Agreement may not be discharged,extended,amended or modified in any way except by a written
instrument signed by a duly authorized representative of each party.
2. Payment.Absent a contrary provision herein,Buyer will pay Seller monthly progress payments on a net thirty(30)days basis from date of
invoice for materials delivered(or stored at an off-site storage facility)and services performed,less any retained reserve which will be
mutually agreed upon in writing by the parties.The aggregate amount of any such retained reserves shall be paid by Buyer to Seller within
thirty(30)days after the date of substantial completion.If Seller provides a Certificate of Substantial Completion,such certificate shall
conclusively establish such date.All invoices due and payable to Seller,less any applicable retained reserve,shall accrue interest at a
compounded per annum rate not to exceed 1 V2%per month(18%per annum)or the maximum rate permitted by law.Acceptance and
endorsement by Seller of an instrument for less than the full amount which Seller claims to be due shall not be deemed to be an admission
of payment in full and any conditions to the contrary which are noted on such an instrument shall not be binding on Seller.If Buyer does not
pay Seller,through no fault of Seller,within seven(7)days from the time payment was due,Seller may,without prejudice to any other
remedy it may have,upon seven(7)additional days'written notice to Buyer,stop its work until payment of the amount owing has been
received and the contract sum shall be equitably adjusted for reasonable costs of shutdown,delay and startup or in the alternative Seller may
terminate this contract for material breach and all monies due Seller for services performed and materials delivered shall be paid upon
demand.Seller shall be entitled to recover from Buyer all costs for collection,including reasonable attorneys'and professionals'fees.To
the extent payments are received and as required by law,and upon Buyer's request,Seller will furnish mechanics lien waivers as the work
progresses.Seller reserves a security interest in any goods sold to the extent of the invoiced amount to secure payment of Buyer's
obligation.In event of payment default,Seller may repossess such goods and a copy of the invoice may be filed with appropriate authorities
as a financing statement to event or perfect Seller's security interest in the goods.At Seller's request,Buyer will execute any necessary
instrument to perfect Seller's security interest.
3. Price and Taxes.The price for the goods and services hereunder are those shown on the face of this Agreement.The price of this
Agreement does not include sales,use,excise,duties or other similar taxes,unless otherwise expressly provided herein.Any taxes(other
than taxes due on Seller's net income)that are payable hereunder shall be the responsibility of Buyer.If applicable,Buyer shall provide
Seller a copy of any appropriate tax exemption certificate for the state(s)into which the goods are to be shipped.
4. Changes and Claims.All materials and labor furnished hereunder shall be in accordance with shop drawings submitted by Seller and
approved by Buyer.Any changes in the work as set forth in approved shop drawings,or from the scope of work as described herein,will
require a written change order submitted to Seller by Buyer.An equitable adjustment will be made in the contract price or delivery dates or
both,and this Agreement will be modified accordingly in writing.The cost or credit to Buyer for performance of such change order shall be
determined by mutual written agreement prior to the commencement of any work under such change order.Buyer shall notify Seller
promptly in writing of any circumstances arising from the performance of the work herein described,which reasonably may be anticipated
to result in a claim or back charge to Seller.Upon Seller's receipt of such notification,Seller shall have five(5)working days in which to
remedy such circumstances and to avoid the imposition of such claim or back charge.Seller will not be liable for any claim or back charge
where Seller has not been notified in the manner as set forth above.
5. Access and Overtime.This Agreement is based upon the use of straight time labor only during regular working hours(8:00 a.m.to 5:00
p.m.,Monday through Friday,excluding Seller's holidays).If Buyer requests Seller to perform any work outside of regular working hours,
overtime and other additional expense occasioned thereby will be charged to and paid by Buyer.If Seller's work is to be performed on the
project site,Buyer will afford unrestricted access to Seller and its employees and agents to all work areas.
6. Damage or Loss to Equipment. In the case of equipment not to be installed by or under supervision of Seller,Seller shall not be liable for
damage to or loss of equipment after delivery of such equipment to the point of shipment.In the case of equipment to be installed by or
under supervision of Seller,Seller shall not be liable for damage or loss after delivery by the carrier to the site of installation;if thereafter,
pending installation or completion of installation or full performance by Seller,any such equipment is damaged or destroyed by any cause
whatsoever,other than by the fault of Seller,Buyer agrees to promptly pay or reimburse Seller an amount equal to the damage or loss which
Seller incurs as a result thereof,in addition to or apart from,any and all other sums due or to become due hereunder.
7. Delays.Buyer shall prepare all work areas so as to be acceptable for Seller's work required hereunder.Buyer acknowledges that the
contract sum is based upon Seller being able to perform the work in an orderly and sequential manner,as Seller so determines.If Seller's
performance is delayed,interfered with,suspended,or otherwise interrupted,in whole or in part,by Buyer,other contractors on the project
site,or by any other third party or by any act within the power and/or duty of Buyer to control,then Buyer agrees that it will be liable to
Seller for all increased costs and damages which Seller incurs as a result thereof.Furthermore,if Seller is delayed at any time in the
2014 —Schneider Electric I Buildings Business
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progress of the work by any act or neglect of Buyer,or by any separate contractor employed by Buyer,or by changes ordered in the work or
by labor disputes,fire,delay in transportation,adverse weather conditions,casualties,or any other causes beyond Seller's control,then the
time for completion of the work shall be extended for a period equal to the time lost by reason of such delay.
8. Warranty. Seller warrants to Buyer that all tangible articles manufactured by Seller will be free of defects in workmanship and material
and that the work performed will be of good quality and will conform to the requirements of the bid documents.If the article is installed by
Seller,Seller's sole obligation under this warranty shall be to provide,without charge,parts and labor necessary to remedy defects which
appear within twelve(12)months from the date of beneficial use or occupancy,as applicable.If Seller provides a Certificate of Substantial
Completion,such certificate shall conclusively establish such date.If article is not installed by Seller,the warranty period shall be within
twelve(12)months of shipment of said article.Warranty claim must be made to Seller in writing within such twelve(12)month period.All
transportation charges incurred in connection with the warranty for equipment not installed by Seller shall be home by Buyer.Seller
warrants that for equipment furnished and or installed,but not manufactured by Seller,Seller will extend the same warranty terms and
conditions which Seller receives from the manufacturer of said equipment. This warranty is the sole and exclusive warranty given with
respect to any articles delivered or services performed by Seller.THE WARRANTIES SET FORTH ABOVE ARE EXCLUSIVE AND IN
LIEU OF ALL OTHER WARRANTIES EXPRESS OR IMPLIED(EXCEPT WARRANTIES OF TITLE),INCLUDING,BUT NOT
LIMITED TO,WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.This warranty is subject to
proper installation of the articles(if installation is not performed by Seller or authorized subcontractors of the Seller)and maintenance and
storage of the articles in accordance with the specifications and directions supplied by Seller.This warranty does not apply to any defect,
malfunction or failure caused by repairs made by other than or without the consent of Seller or the article has been subject to abuse,misuse,
neglect,tampering,accident or damage by circumstances beyond Seller's control,including without limitation,acts of God,war,acts of
government,corrosion,power fluctuations,freeze-ups,labor disputes,differences with workmen,riots,explosions,vandalism,or malicious
mischief,nor to defective associated equipment or use of the articles with equipment for which they were not sold.All of Seller's
obligations under this warranty will immediately terminate and be of no further force or effect if all or any part of the purchase price
(including any installment payment)with respect to any article covered by this warranty is not paid to Seller when due.If cause of defect is
found not to be Seller's responsibility,standard rates for repair or replacement and labor shall apply.
9. Limitation of Liability.In no event will Seller's total aggregate liability in warranty or contract exceed the contract price paid for the
specific product or service that gives rise to the claim excluding third party claims for personal injury,death or property damage or as may
be required by law.IN NO EVENT SHALL SELLER BE LIABLE FOR ANY LOST PROFITS,LOSS OF USE,LOSS OF GOODWILL,
BUSINESS INTERRUPTION OR ANY OTHER SPECIAL,INDIRECT,INCIDENTAL,PUNITIVE OR CONSEQUENTIAL
DAMAGES OF ANY KIND EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. Laws and Permits.Seller shall comply with all applicable federal,state,and local laws and regulation and shall obtain all temporary
licenses and permits required for the prosecution of the work.Licenses and permits of a permanent nature shall be procured and paid for by
the Buyer.This contract shall be interpreted and governed under and in accordance with the laws of the jurisdiction in which the goods are
delivered or services are performed without regard to its choice of law provisions.
11. Disputes. Any controversy or claim arising out of or relating to this Contract,or the breach thereof,shall be settled by good faith
consultation and negotiation.If those attempts fail,either party shall provide written notice within thirty(30)days to the other to mutually
agree on an arbitration process.If a process is not agreed upon within thirty(30)days,final and binding arbitration in accordance with the
then current Construction Industry Arbitration Rules of the American Arbitration Association shall commence and judgment upon the
award rendered may be entered in any court having jurisdiction thereof.The arbitration shall be held in the federal,state or municipal courts
serving the county in which the project is located unless the parties mutually agree otherwise.The prevailing party shall recover all
reasonable legal costs and attorney's fees incurred as a result,which shall be promptly paid by the non-prevailing party.Any dispute or
demand for arbitration must be commenced within one(1)year after the cause of action has accrued.Nothing herein shall limit any rights
Seller may have under construction mechanic or materialmen lien laws.Seller shall have the right to suspend affected services pending
resolution of disputes.
12. Insurance. The parties shall each maintain insurance coverage including without limitation,Workers'Compensation and Employer's
Liability at statutory limits,Automobile Liability covering all owned,hired and other non-owned vehicles,and Commercial General
Liability covering public liability and property damage with limits generally required for its respective industry with not less than
$1,000,000 minimum coverage per occurrence.Such insurance shall be with reputable and financially responsible carriers authorized to
transact business in the state in which the project and services are being performed.No credit will be given or premium paid by Seller for
insurance afforded by others.
13. Clean Up.Seller agrees to keep the job site clean of debris arising out of its operations.Buyer shall not back charge Seller for any costs or
expenses for clean up or otherwise without prior written notice and Seller's written consent.
14. Severability.The invalidity or unenforceability of any provision herein shall in no way affect the validity or enforceability of any other
provision.
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2014 —Schneider Electric Buildings Business
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RESOLUTION 2014-LY-HVAC-R-1362
A RESOLUTION AUTHORIZING THE PURCHASE OF A HVAC CONTROL
SYSTEM FOR THE LIBRARY HVAC SYSTEM
WHEREAS, the Village Library's heating, ventilation, and air conditioning system ("HVAC
System")was installed in 2002 by Andover, Inc.; and
WHEREAS, the HVAC System's control system ("Control System") is in need of replacement to
keep the HVAC System working properly; and
WHEREAS, the HVAC System is comprised of proprietary hardware and software components;
and
WHEREAS, a Control System manufactured by Andover, Inc. is the only Control System that is
compatible with the HVAC System; and
WHEREAS, Schneider Electric of Homewood, Illinois is the only provider of Andover Control
Systems that serves the Chicagoland area; and
WHEREAS, Section 1-7-7 of the Village Code provides that contracts, which by their nature are
not adapted to award by competitive bidding or competitive proposals, such as when an item is only
available from a single source, are exempted from competitive bidding and competitive proposal
requirements; and
WHEREAS, the Village Board has determined that the purchase of the Control System is, by its
very nature, not adapted to award by competitive bidding or competitive proposals because there is only
one supplier of Andover Control Systems in the Chicagoland area; and
WHEREAS, the Village 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 purchase the Control
System from Schneider Electric;
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: Approval of Purchase Contract. The President and Board of Trustees hereby
approve the purchase contract for the purchase of the Control System from Schneider Electric of
Homewood, Illinois for a purchase price not to exceed $26,500.00.
Section 3: Authorization and Execution of the Contract. The Village President and Village
Clerk shall be, and hereby are, hereby authorized to execute and attest, on behalf of the Village, the
Purchase Contract approved pursuant to Section Two of this Resolution, and all necessary
documentation related thereto.
Section 4: Effective Date. This Resolution shall be in full force and effect upon passage and
approval in the manner provided by law.
[SIGNATURE PAGE FOLLOWS]
Resolution 2014-LY-HVAC-R-1362
Approving Purchase of Library HVAC Control System
Page 2 of 2
APPROVED THIS 22nd day of April, 2014
Gopal G. Lalmalani
Village President
PASSED THIS 22nd day of April, 2014.
Ayes:
Nays:
Absent:
ATTEST:
Charlotte K. Pruss
Village Clerk
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