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R-1535 - 02/09/2016 - SPORTS CORE - Resolutions Supporting Documents ITEM 9.B.2) BOARD OF TRUSTEES MEETING VILLAGE OF SAMUEL E. DEAN BOARD ROOM OAK B R K . BUTLER GOVERNMENT CENTER .t_9k1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 630-368-5000 AGENDA ITEM Regular Board of Trustees Meeting of February 9,2016 SUBJECT: HVAC Replacement — Men's & Women's Bath and Tennis Club Locker Rooms FROM: Doug Patchin,Public Works Director BUDGET SOURCE/BUDGET IMPACT: $24,200.00 RECOMMENDED MOTION: I move the Village Board waive further bidding and accept the proposal from Controlled Environmental Systems, Inc. for the replacement of two (2) HVAC units for the Men's and Women's Locker Rooms at the Oak Brook Bath and Tennis Club. Background/History: In October 2014,the Village went out to bid for equipment replacement and repairs at the Bath and Tennis Club. The bid included replacement of two (2) hot water heaters, removal of the existing hot water storage tank (and associated 4" piping), replacement of three (3) HVAC units, duct cleaning, as well as roof and penthouse screening repairs required after the units were replaced. The three (3) HVAC units that were to be replaced are: one (1) unit for the main banquet room, and two (2)units for each locker room. The budget for this project was $80,000. There were four (4) total bids received with the lowest bid at$165,000. During the 2015 season, the two (2) hot water heaters and the main HVAC unit which controls the main banquet room were replaced and the roof repairs for that unit were completed. Currently, both locker room units have cracked heat exchangers and are inoperable for heat; replacement parts are no longer available for these units. Also, the evaporator pan BOT AGENDA Page 1 �/ under one unit is rusted through causing water to leak into the men's bathroom during the summer months. At present the locker room doors are left open to help circulate warm air throughout the locker rooms during the winter months. Recommendation: I recommend the Village Board, accept the proposal from Controlled Environmental Systems, Inc. and replace the two (2) HVAC units for the Men's and Women's Locker Rooms at the Oak Brook Bath and Tennis Club. BOT AGENDA Page 2 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'l 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 ("Prior Bids'j; 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'), 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 91h day of February, 2016. Gopal G. Lalmalani Village President PASSED THIS 91h day of February, 2016. Ayes: Nays: Absent: 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 HVAC REPLACEMENT Full Name of Contractor:Controlled Environmental Systems,Inc.("Centraelor") Principal Office Address; 16308 S. 107'''Avenue,Suite 12,Orland Park,Illinois 60467-887 Contact Person: Chris G.Simadis Telephone Number:(708)460-6333 TO: Village of Oak Brook("Village") 1200 Oak Brook Road Oak Brook,Illinois Attention: Doug Patchin,Director of Public Works Contractor warrants and represents that Contractor has carefully 5. Miscellaneous. Do all other things required of examined the IYork Site described below and has reviewed and Contractor by this Contract;and understood all documents included, referred to, or mentioned in this bound set of documents. 6. Quality. Provide,perform,and complete all of the foregoing in a proper and workmanlike manner, j 1. Work consistent with the standards of recognized professional firms in performing Work of a similar A. Contract and Work. Contractor acknowledges, and nature, in full compliance with,and as required by agrees,that Contractor shall,at its sole cost and expense,provide, or pursuant, to this Contract,and with the greatest perform, and complete, in the manner specified and described, economy, efficiency, and expedition consistent and upon the terms and conditions set forth, in this Contract, all therewith, with only new, undamaged, and first of the following,all of which is herein referred to as the"Work": quality equipment,materials,and supplies, 1. Labor Equipment Materials and Supplies. B. Performance Standards, Contractor acknowledges and Provide, perform, and complete, in the manner agrees that all Work shall be fully provided, performed, and specified and described in this Contract, all completed in accordance with the specifications and description necessary work, labor, services, transportation, of Work attached hereto as Exhibit A. equipment, materials, supplies, information, data, and other means and items necessary for the Oak C. Responsibility . for Damage or Loss. Contractor Brook Bath and Tennis Men and Women's Locker proposes, and agrees, that Contractor shall be responsible and Room IIVAC Replacement, as is more fully liable for,and shall promptly and without charge to Village repair specified in Exhibit A attached hereto, at the Oak or replace, any damage done to, and any loss or injury suffered j Brook Bath and Tennis Club,800 Oak Brook Road, by, the Village, the Work, the Work Site, or other property or ! Oak Brook,Illinois 60523("Work Site"); persons as a result of the Work. I 2. Permits. Procure and furnish all permits, licenses, and other governmental approvals and authorizations necessary in connection therewith; 1 3. Bonds and Insurance. Procure and furnish all bonds and all insurance certificates and policies of insurance specified in this Contract; I 4, Taxes. Pay all applicable federal, state, and local taxes; I r i I i 1 D. Inspection/Testine/Rejection. Village shall have the right to inspect all or any part of the Work and to reject all or any 3. Contract Time part of the Work that is, in Village's judgment, defective or damaged or that in any way fails to conform strictly to the Contractor acknowledges and agrees that Contractor shall requirements of this Contract and the Village,without limiting its commence the Work within IS days following the Village's other rights or remedies,may require correction or replacement at acceptance of this Contract provided Contractor shall have Contractors cost, perform or have performed all Work necessary furnished to the Village all bonds and all insurance certificates to complete or correct all or any part of the Work that is specified in this Contract("Commencement Date"). Contractor defective, damaged, or nonconforming and charge Contractor further acknowledges and agrees that Contractor shall perform the with any excess cost incurred thereby,or cancel all or any part of Work diligently and continuously and shall complete the Work any order or this Contract. Work so rejected-may be returned or not later than 34 days following the Commencement Date("Time held at Contractor's expense and risk. of Performance"). The Village may modify the Time of Performance at any time upon 15 days prior written notice to the 2. Contract Price Contractor. Delays caused by the Village shall extend the Time of Performance; provided, however, that Contractor shall be Contractor acknowledges and agrees that Contractor shall responsible for completion of all Work within the Time of take in full payment for all Work and other matters set forth under Performance, notwithstanding any strike or other work stoppage Section I above, including overhead and profit; taxes, by employees of either Contractor or of the Village. 1 contributions, and premiums; and compensation to all subcontractors and suppliers,the compensation set forth below. 4. Financial Assurance A. SCHEDULE OF PRICES A. Bonds. Contractor acknowledges and agrees that Contractor shall provide a Performance Bond and a Labor and For providing,performing,and completing all Work,the Material Payment Bond, on forms provided by, or otherwise total Contract Price of$24,200.00 acceptable to, the Village, from a surety company acceptable to the Village,each in the penal sum of the Contract Price,within 10 TOTAL CONTRACT PRICE(in writing): days following the Village's acceptance of this Contract. Twenty Four Thousand Two Hundred Dollars B. Insurance. Contractor acknowledges and agrees that Contractor shall provide certificates of insurance evidencing the B. BASIS FOR DETERMINING PRICES minimum insurance coverages and limits set forth in Exhibit B within 10 days following the Village's acceptance of this it is expressly understood and agreed that: Contract. Such policies shall be in form, and from companies, acceptable to the Village. The insurance coverages and limits set 1. All prices stated in the Schedule of Prices are firm forth Exhibit B shall be deemed to be minimum coverages and and shall not be subject to escalation or change; limits and shall not be construed in any way as a limitation on Contractor's duty to carry adequate insurance or on Contractor's 2. The Village is not subject to state or local sales, liability for losses or damages under this Contract. The minimum use, and excise taxes, that no such taxes are insurance coverages and limits that shall be maintained at all included in the Schedule of Prices, and that all times while providing,performing,or completing the Work are as claim or right 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. Indemnification. 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,liability,claims,losses,and expenses every kind and nature applicable to the Work are (including attorneys' fee) that may arise, or be alleged to have included in the Schedule of Prices. arisen,out of or in connection with Contractor's performance of, or failure to perform,the Work or any part thereof,or any failure C. TIME OF PAYMENT to meet the representations 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, Penalties. Contractor acknowledges and agrees that approval by the Village. Contractor 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 All payments may be subject to deduction or setoff by or in connection with Contractor's performance of, or failure to reason of any failure of Contractor to perform under this perform,the Work or any part thereof. Contract. Each payment shall include Contractor's certification of the value of,and partial or final waivers 5, Firm Proposal of lien covering, all Work for which payment is then requested and Contractor's certification that all prior All prices and other terms stated in this Contract are firm and payments have been property applied to the payment or shall not be subject to withdrawal,escalation,or change. reimbursement of the costs with respect to which they were paid. 2 i i 6. Contractor's Representations and Warranties D. Remedies. Each of the rights and remedies reserved to In order to induce the Village to accept this Contract, the Village in this Contract shall be cumulative and additional to Contractor hereby represents and warrants as follows: any other or further remedies provided in law or equity or in this Contract. A. The Work. The Work,and all of its components,shall strictly conform to the requirements of this Contract, including, E. Time. Time is of the essence in the performance of all without limitation, the performance standards set forth in terms and provisions of this Contract and, except where stated Subsection iB of this Contract; and shall be fit, sufficient, and otherwise references in this Contract to days shall be construed to suitable for the purposes expressed in, or reasonably inferred refer to calendar days and time. from,this Contract and the warranties expressed herein shall be in addition to any other warranties expressed or implied by law, F. No Waiver. No examination, inspection, investigation, which are hereby reserved unto the Village. test, measurement,review,determination,decision,certificate,or approval by the Village, whether before or after the Village's B. Compliance with Laws. The Work, and all of its acceptance of this Contract;nor any information or data supplied components, shall be provided, performed, and completed in by the Village,whether before or after the Village's acceptance of compliance with, and Contractor agrees to be bound by, all this Contract; nor any order by the Village for the payment of applicable federal, state, and local laws, orders, rules, and money;nor any payment for,or use,possession,or acceptance of, I regulations, as they may be modified or amended from time to the whole or any part of the Work by the Village; nor any time, including without limitation the Prevailing Wage Act, 820 extension of time granted by the Village; nor any delay by the f ILCS 130/0.01 et seJc. (in furtherance of which, a copy of Village in exercising any right under this Contract;nor any other Village's ordinance ascertaining the prevailing rate of wages, in act or omission of the Village shall constitute or be deemed to be effect as of the date of this Contract, has been attached as an an acceptance of any defective, damaged, or nonconforming Appendix to this Contract; if the Illinois Department of Labor Work, nor operate to waive or otherwise diminish the effect of revises the prevailing rate of hourly wages to be paid,the revised any representation or warranty made by Contractor; or of any rate shall apply to this Contract);any other prevailing wage laws; requirement or provision of this Contract; or of any remedy, any statutes requiring preference to laborers of specified classes; power,or right of the Village. any statutes prohibiting discrimination because of, or requiring affirmative action based on, race, creed, color, national origin, G. Severabilit . it is hereby expressed to be the intent of age, sex, or other prohibited classification; and any statutes the parties to this Contract that should any provision, covenant, regarding safety or the performance of the Work. Further, agreement, or portion of this Contract or its application to any Contractor shall have a written sexual harassment policy in Person or property be held invalid by a court of competent compliance with Section 2-105 of the Illinois Human Rights Act jurisdiction, the remaining provisions of this Contract and the during the course of the work. validity,enforceability,and application to any Person or property shall not be impaired thereby, but the remaining provisions shall C. Not Barred. Contractor is not barred by law from be interpreted, applied,and enforced so as to achieve,as near 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 local government as a result of(i)a delinquency in the payment extent permitted by applicable law. of any tax administered by the Illinois Department of Revenue unless Contractor is contesting,in accordance with the procedures 1-1. Amendments and Modifications. No amendment or established by the appropriate Revenue Act, its liability for the modification to this Contract shall be effective until it is reduced tax or the amount of tax,as set forth in 65 ILCS 5/11-42.1-1;or to writing and approved and executed by the corporate authorities (ii)a violation of either Section 33E-3 or Section 33E-4 of Article of the parties in accordance with all applicable statutory 33 of the Criminal Code of 1961,720 ILCS 5/33E-1 et§N, procedures. j D. Qualified. Contractor has the requisite experience, 1. Assignment. Neither this Contract, nor any interest ability,capital, facilities, plant, organization, and staff to enable herein,shall be assigned or subcontracted, in whole or in part,by Contractor to perform the Work successfully and promptly and to Contractor except upon the prior written consent of the Village. commence and complete the Work within the Contract Price and Contract Time set forth above. J. Governing Law: Venue. This Contract shall be j governed by, construed and enforced in accordance with the 7. Acknowledeements internal laws, but not the conflicts of laws rules, of the State of Illinois. Venue for any action arising out of or due to this In submitting this Contract, Contractor acknowledges and Contract shall be in the Circuit Court for DuPage County,Illinois. agrees that: K. Certified Payrolls. Contractor shall, in accordance with ; Section 5 of the Illinois Prevailing Wage Act, 820 ILCS 130/5, A, Reliance. The Village is relying on at) warranties, ; representations, and statements made by Contractor in this submit to the Village,on a monthly basis,a certified payroll. The Contract. certified payroll shall consist of a complete copy of those records required to be made and kept by the Prevailing Wage Act. The B. Acceptance. [f this Contract is accepted, Contractor certified payroll shall be accompanied by a statement signed by shall be bound by each and every term, condition, or provision the Contractor or subcontractor which certifies that: (1) such j contained in this Contract. records are true and accurate; (2) the hourly rate paid is not less than the general prevailing rate of hourly wages required by the ! i 3 Prevailing Wage Act; and (3) Contractor or subcontractor is Village official, employee or agent has a personal financial aware that filing 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 B misdemeanor. A general contractor may rely has personally received payment or other 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 knowingly rely upon a Contractor nor 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 obligations under this inspection the records required to be made and kept by the Act: Agreement;and(3)neither Contractor nor any person employed (1)to the Village,its officers and agents,and to the Director of the by or associated with Contractor shall at any time during the term Illinois Department of Labor and his or hers deputies and agents; of this Agreement obtain or acquire any interest that would and(ii)at all reasonable hours at a location within this State, conflict in any manner or degree with the performance of the obligations under this Agreement. L. Conflicts of Interest. Contractor represents and certifies that, to the best of its knowledge, (1) no elected or appointed i IN WITNESS WHEREOF the parties hereto have VILLAGE OF OAK BROOK,an Illinois municipal caused this Agreement to be executed, effective on corporation ,2016. ATTEST: By: By: Charlotte Pruss,Village Clerk Riccardo F.Ginex,Village Manager ATTEST: CONTROLLED ENVIRONMENTAL SYSTEMS,INC. i By: By: Its: i i I i i i i 1 4 EXHIBIT A (PROPOSAL DATED NOVEMBERS,201S) i ; I i i i i f i I i i 1 i I 5 t i CONTROLLED 16308 S. 107"'Avenue, Suite 12 * Orland Park,Illinois 60467-8887 ENVIRONMENTAL Telephone: (708)460-6333 * Fax: (708)460-6377 SYSTEMS, INC. PROPOSAL CUSTOMER: Oak Brook Bath and Tennis EST.NO:6031 -15 800 Oak Brook Drive Oak Brook, 1160521 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: 1. Furnish crane to remove 2 existing rooftop units. C.E.S.to remove units from jobsite. 2. Furnish and Install 2 new Lennox 5 ton package rooftop units M/N: KGA060S4DH complete with single enthalpy economizers and curb adapters. 3. 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. 5. Furnish and Install 2 new Honeywell Vision-Piro MJN:TH8321R1001 programmable thermostats. 6. Furnish and Install new duct mounted smoke detectors. 7. Start-up and test new units. 8. Provide l 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. Full 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 sum mentioned in this contract. Respectfully submitted, G',0"g&; Chris G. Simadis Vice President EXIIIBIT B (INSURANCE REQUIREMENTS) Certificates of Insurance shall be presented to the Village upon execution of this contract and vendor shall not commence work until it provides and receives acceptance of insurance certificates from the Village as required by this exhibit. Each contractor performing any work pursuant to a contract with the Village of Oak Brook and each permittee working under a permit as required pursuant to the provisions of Title 1 of Chapter 8 of the Code of Ordinances of the Village of Oak Brook (hereinafter referred to as"Insured") shall be required to carry such insurance as specified herein. Such contractor and permittee shall procure and maintain for the duration of the contract or permit insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work under the contract or permit, either by the contractor, permittee, or their.agents, representatives, employees or subcontractors. A contractor or permittee shall maintain insurance with limits no less than: A. General Liability-$2,040,000 combined single limit per occurrence for bodily injury, personal injury and property damage; B. Automobile Liability (if applicable) - $1,000,000 combined single limit per accident for bodily injury and property damage; C. Worker's Compensation and Employer's Liability-Worker's Compensation limits as required by the Labor Code of the State of Illinois and Employer's Liability limits of $1,000,000 per accident. An deductibles or self-insured retention must be declared to and approved by the Village. At the Y option of the Village, either the insurer shall reduce or eliminate such deductible or self-insured retention as respects the Village, its officers, officials, employees and volunteers; or the Insured shall procure a bond guaranteeing payment of losses and related investigations, claim E administration and defense expenses to the extent of such deductible or self-insured retention. The policies shall contain, or be endorsed to contain, the following provisions: D. General Liability and Automobile Liability Coverage - (1) The Village, its officers, officials, employees and volunteers are to be covered as , additional insureds as respects: liability arising out of activities performed by or on behalf of the Insured; premises owned, occupied or used by the Insured. The coverage shall contain no special limitations on the scope of protection afforded to the Village, its officers, officials, employees, volunteers, or agents. (2) The Insured's insurance coverage shall be primary insurance as respects the Village, its officers, officials, employees, volunteers and agents. Any insurance or self- insurance maintained by the Village, its officers, officials, employees, volunteers or f agents shall be in excess of the insured's insurance and shall not contribute with it. 6 i (3) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Village, its officers, officials, employees, volunteers or agents. (4) The Insured's insurance shall apply separately to each covered party against whom claim is made or suit is brought except with respect to the limits of the insurer's liability. E. Worker's Compensation and Employer's Liability Coverage The policy shall waive all rights of subrogation against the Village, its officers, officials, i employees, volunteers and agents for losses arising from work performed by the insured for the Village. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail has been given to the Village. Each insurance policy shall name the Village, its officers, officials and employees, volunteers and agents as additional Insureds. Insurance is to be placed with insurers with a Best's rating of no less than A:VII. Each Insured shall furnish the Village with certificates of insurance and with original endorsements effecting coverage required by this provision. The certificate and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms approved by the Village and shall be subject to approval by the Village Attorney before work commences. The Village reserves the right to require complete, certified copies of all required insurance policies, at any time. Each insured shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. i l e i i I it 7 i 1 I REVIEW OF CONTRACTS Awarding Agency: Typ��e//of Contract: DWartment: Program/Account Number: Awarded Contract Price: Budgeted Amount: x `/� $cq L!, d 6)(--) I F--j Under $20,000 [] $500,001 - $1,000,000 j $20,000 - $500,000 Over $1,000,000 NOTES` IDEPAR. MENT ATiIiE Name: Date. is Name: Date: Gf API N `. Date: ame *4k' WON- �_" x. Name: Date: Three (3) Originals signed by other party Date/Initial Original provided to staff member for other party Date/Initials c�/1t`-1 1 Original provided to Official Files Date/Initialss � 2 village of Oak Brook I /approved by Board of Trustees- Date/Initials: