Library Light Fixtures Upgrade ProjectVILLAGE OF OAK BR00K
CONTRACT FOR THE
OAK BR00K PUBLICI`IBRARY I“IGHT FIXTURES UPGRADIE PROJECT
Full Name of Contractor:Twin Supplies,Ltd(;'C。れιraCι ο′′')
Principa1 0Fflce Address: 1010 Jol'ie BI、'd i Stlito 124,Oak Brook,Illino18 60523
Contacl Person: Chris Skokna Telephone Nulnber:(630)590・ 5138
TOl Village of Oak Ilrook ("Vilsee")
1200 Oak Brook Road
Oak Brook, Illinois
Attention: Doug Patchin, Public lVorks Director
Contraclor u)arranls and represents th.ol Conlractor has
carefu,lU et;amined the lVorh Sile described belou' and
hos reuietued and u.nderstood all docuntents inchtded,
referrcd to, or mentiorrcd in tlis borund set. of documents,
1. Work
r\. Contract and Work. Contractor acknorvledges,
and agrecs, that Contlactor shall, at its sole cost and
expense, plovide, perforrn, and complete, rn the nlanner'
specified and described, arrd upon the ternrs and
condilions set for[h, in this Contract, all of the follorving,
alt olwhich is hereirr rclerred to as the "Work":
l I′abor、EOuiOmont,Matorials,an(iS、tpplies
Provide, perrorm, anci complote, in tlle
tnanner speci6ed and described in this
Contract, ali necessary work,labor,services,
transportation, eqttip:nent, materials,
supplies,i:lrormation,data,and other nleans
and iteins necessary ror the oak Brook
P、:blic Libra, Light Fixtures Upgrade
ProJect as tisted in Exhibit A attached
hereto,at Onk Brook Public I`ibrary 600 0ak
Brook Road, Oak Brook, Illinois 60523
(“70rル Sれ e");
2 Pormits The Villago wili rltrnish an
pernlits, ticenses, and other govern:、lental
approvals and authorizatiOns nccessary in
_connectlon thero、vith:
3 1nsurance Procuro and Ful.nish inst11.a nce
certiflcates specirled in this Contracti
を1. ′raxes Pay all applicable federal,state,and
local taxesi
5. l\liscellaneous. Do all other things required
o{'Contractor by this Conlract; and
6. Sualit-r:. Provide. pelforrn. and conrplete all
of the foregorng in a proper and rvorknranlike
rnanner', consistent with the slandalds of
recognized professional ftrms in performing
Wolk of a sinrilar nature, in full compliance
rvith, and as required by or pursuant, to this
Contract, ancl rvith the greatest econony,
efficiency, and e.\pedition consistent
therewith, with only r:ew, undarnagcd, and
lrrst quality equipnrent, materials, and
supplies.
B. Performance Standards.Co ntractor
ackrrowledges and agrees that. all Work shall be fully
provided. performed, and conrpleted in accorclancc rvith
the estirna[e dated October 3, 2018, altached hereto as
Exhibit i\.
C. &eseo-nCibjlitv for Damage or . Contrac[or
ploposes, and agl'ees, that Contractor shall be
responsible and liable for, and shall prornpl,15,and
rvithout charge to Village repair or replace, any danrage
done to, and arry loss or injury suffered by, the Village,
the Work, the Work Site, or other property or pelsons aB
a result of the Work.
D.
…
竪泣m些 墨塁LQt10n Village shan have
tho l・ ight to inspoct a∥ or any pal・ t Of the ヽVOrk and to
roject an or any part or the w。:・ k that is, in Vinage's
judgnlonし ,deFective or damaged or that irl any way Falls
to confor■l strictly to the re(luil・ elnents oF this Co:ltract
and the ヽrillago, withottt limiting its other rights ol
renledies, lllay require correction or replacenlent at
Contractoris cosし , perfornl or have perCormed all VVork
necessary to conlplete or cOrrect a1l or any part or the
Work that is defective, damaged,or nonconforming and
charge Contracじ or with any excess cost incurred thereby,
or cancel all or any part Of any order or this Contract.
ヽVork so releCted may bc returned ol・ held at Contractor's
expense and r13k.
2 Contract Price
Contractor acknowledges a nd agrees that Colitractor
shall take in full F)ayment ror all、vork and other matters
set Forth under Section i above, including overhead and
pl.。rlt: taxes, contl'ib、ltions, and promtums; and
compensation to ali subcontractors and suppliers, the
con、pensation set forth below
A. SCHEDULE OF PRICES
For providing, performing, and coinploting aH
ヽヽ「ork,the total Contract P:・ ice of S9,354.00
TOTAL CONTRACT PRICE ln Writing):
Nine Thotlsand Threo llllndred and Fifty・ Fottr
Dollars
B. BASIS FOR DETERⅣIINING PRICES
It is exprossly understood a:ld agreed that:
l All prices stated in the Schodulo of Prices
are lrm and shali not bo subjoct to
escalation or change;
2_ The Villago is not subjoct to state ol・ local
salcs, use, and cxcise taxes, that no such
taxes al.e included in the Schcd、lle of Prices,
and that an clainl or right to clalln any
additional compensation by reason of the
paymont or any Sttch ta、 is hcrcby wと lived
and:.eleased:
3. All other al)plicable Federal, state, and local
taxes oF every kind and nature applicable to
the Work are inci、:ded in the Schedule of
Prices_
C TI卜 IE OF PAttЪ rENT
It is e、pressly understood and agreed that all
payments shaH be :nade upon con、pletion or the
、7ork an(l rlnal approval by the Village.
r\ll payments may be subjcc[ to deduction or
setoff by reason of any failure of ConLractor to
perfolm under this Contract. Each paynrent
shal[ include Contractor's certitication o[ the
value of, and partial or ftnal rvaiverg of lien
coverrng, all Work for rvhich payment is then
requested and Contlactor's certification that all
prior payments have been properly applied to
the payment or reimbursement of the costs rvith
respect to rvhich thel'rvere paid.
3. Contract Tims
Contractor acknolvledges and agrees thaI Contractor
shall commence the lVork within I5 days (weather
permitting) follorving the Village's acceptance o[ this
Contract provided Contractor shall have [urnished to the
Vill.age all br.rnds, if applicable. and all insurance
certillcates specified in lhis Contract ("Commencement
Date"). Contractor further acknowlerlges and agrees
that Contractor shall perform the lVouk diligerrtly and
continuously and shall complete the Work not larer than
Decenrber 15, 2018 ("Time of Performonce"). The
Village nray rnodify the Time of Perforrnance at any t,ime
upon l5 days prior written notice to the Contracior.
Delays caused by the Village shall exbend the Time of
Perlbrnrance; provided, horvever, that Contractor shall
bc responeible lol cornpletion of atl rvYork within the
Tinre o[ Perlormance, notwithstanding any strike or
olhct rvork stoppage by enrployees oferther Contractor or
of the Viltage.
4. Fiuancirl Assurauce
A. Insurance. Contractor acknorvledges and agrees
tha! Contractor shall provide certificates of insurance
evidencing the rninimurn insurance coverages and limits
sct forth in Exhibit B rvithin l0 days follorving the
Village's acceplance of this Contract, Such policies shall
be in form, and from companies, acceplablc to the
Viltage The irrsurance coverages and limits set forth
Exhibit B shalt be deenred to be minimunr coverages and
Iinrits and shall not be construed in any way as a
limitation on ConLractor's duty to csrry adequate
insurance or on Contractor's liability for losses or
daurages undel Lhis Oontract. The rninimum insurance
coverages and IimiLs that shall be nraintained at all
tinres while providing, performing, or completing the
Wouk are as set lorth in Exhibit B.
B. Indemnification. Contractor acknowledges and
agrees lhat, Contractor shall indemnify ancl save
harrnless tho Village its offrcers, oflrcials, omployees and
volunteers, against all damages, liability, claims, losses,
and expenses (including attorneys'fee) that may arise, or
be a[eged to have arieen, out of or in connection with
Conlractor's performance o[, or failure to perforrn, the
Work or any t)art tlrereof, or any failure to meet the
lepresentations and warranties set fo*h in Section 6 of
this Contract.
D. Penalties. Contractor acknowledges and agrees
that Contractor shall be solely liable for any fines or civil
penalties that are irnposccl by any governmental or
quasi-governnrental agency or body that may arise, or be
alleged to have arisen, out o[ or in connection rvith
Contractor's performance o[, or failure to perfolm, the
Work or any part thereoL
5. Firm Proposnl
AlI prices and other terms stated in ttris Contract are
firm and shall not be subject to withdrarval, escalation,
or change.
6. Contractor's Representations and lYarrauties
In order io induce che Viliage lo accept this Contract,
Contractor hereby represen[s and tt'arrants as follorvs:
A. The Work. The !l'ork, and all of its components,
shall strictly conlolnr to lhe requirements of this
Contract, inclrrding, rvithorrt limitation, the performance
standards set forth in Subsection tB of this Contract;
and sharll be fit, sufficien!, and suitable for the puqroses
expressed in, ol reasonably inferred from, this Contract
and the warranties expressed herein shall be in addition
lo any other rvarranties expressed or inrplied by lau',
rvhich are hereby reserved unto the Village.
B. Compliance.rvith Laws. The Work, and all o[ its
components, shall be providecl, performed, and conrpleted
in compliance with, and Contractor sgrees to be bound
by, all applicable f'ederal, state, and local larvs, orders.
rules, and legulations, as they may be modihed or
amended frorn time lo time, including wiLhout limiLation,
if applicable, the Prevailing Wage i\ct, 820 ILCS
130/0.0I g! ge-S.; any othcr prevailing rvage larvs; any
statutes requiring preference to laborers oI specihed
classes; any statutes prohibiring discrimination because
of, or requiring affirmative action based on, race, creed,
color', nacional origin, age, sex, or other prohibited
classification; and arry statuies regarding safety or the
perlorrnance of the Work. Furt,her, Contractor shall
have a rvritten sexual harassment policl, in compliance
with Section 2-105 of the Illinois Hurnan Rights Act
during the course ofthe work.
C. Not Ilarled. Con[ractor is not barred by larv
from contracting rvith the Village or rvilh any other unit
of state or local government as a result of (i) a
delinqrrency in the payment of any tax administered by
the Itlinois Department of Revenue unless Contractol is
coniesting, in accordance with the procedures
established by lhe appropriate Revenue Act, its liability
lor the tax or the amount ol tax, as set forth in 65 IL,CS
5/l l-49.1-1; or (ii) a violation of eitirer Section 33E-3 or'
Section 33E-4 of Article 33 of the Crinrinal Code of 1961,
720 ILCS 5i33E-l et seo.
D. Qualified. Conl.ractor has the lequisite
expericnce, ability, capital, facilitiee, plant, olganiz,ation,
and slaff to enable Contractor to perform the Work
strccessful[1' ancl promptly and to commence and
cornplete the Work rvithin lhe Contract Price ancl
Corrtract Time set forth above.
i. AckrrowledEements
ln submitting this Contract, Contraclor,
acknorvledgos and agrees that:
A. Relianqo. Thc Village is relying on all
rvarlanties, represenlations, and statenrcnLs made by
Coniractor in lhis Contract.
B. t\cceotance. It this Contract is accepLed,
Cootractor shatl be bound by each antl every term,
condil,ion, or provision contained in this Contract.
D. RemedieQ. Each of the rights and remedies
leserved to the Village in lhis Contract shall be
cumulative and adclitional to any other or ftrrther'
renredies providcd in law or equity or in t,his ContracL.
E. 'l'ime. Time is oI the essence in the performance
of all terrns and provisions of this Contract and, except
rvhere stated otherwise references in this Contract to
days shall be construed to refer to calendar days and
tinre.
F. No Waiver. No examination, inspection,
investigation, test, measurement, revielv, determination,
decision, certiiicate, or approval by'the Vitlage, rvherher
' beloro or after the Village's acceptance of this Contract;
nor any information or data supplied by the Village,
rvhether before ot after the Village's acceptance of this
Contract; nor any order by the Village for the payment of
money; nor any payrnent for, or use, possession, or
acceptance of, the rvhole or any part of the Work by the
Viltage; nor any extension oltime granted by the Village:
nor any detay by the Village in exercising any right
under this Contract; nor any other act or onrission ol the
Village shall constitrrte or be deemed to be an accepta nce
ol any dcflectrve, damaged, or nonconforming Work, nr:r
operate to waive or otherrvise dinrinish the effect of any
representation or rvarranty made by Contractor; or o[
any requirement or provision of this Contract; or ol any
remedy, power, or right of the Village.
G. Severability. It is hereby expressed to be the
intent o[ the parties to this Contract that should any
ptovision, covenant, agreenrent, or portion of this
Contract or its npplication to any Person or property be
held invalid by a court of cornpeLent jurisdiction, the
rernaining 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 inberpreted, applied, and enforced so
as to achieve, as near as may be, the purpose and intent
of this Contract to the greatest extent perrnitted by
applicable larv.
H. Amendments and Nlodifica.t.ions. No antenclmen[
or modilication to this Contract shall be eft'ect.ive until it
is reduced to rvriting and approved and executed by the
corporate authorities of the partics in accordance with atl
applicable statutory procedures.
[. Assisnment. Neither this Contracl, nor any
interest herein, shall be assigned or subcontracted, in
whole or in part, by Contractor except upon the prior
written consent of the Village.
J. Governins Law: Venue. 'l'his Contlact shall be
governed by, constnred and enforced in accorrlance n'itl't
the internal larvs, but not the conflicts of laws rules. ol
tho Statc ol lllinois. Vcnue, for any actton arising out ol
or due ro this Contract shall be in the Circuit Court lbr
DuPage County, Illinois.
K. Certified Par-rolls. Contractor shall, in
accordance with Section 5 of the Illinois Prevailing Wage
Act, 820 ILCS 130/5, if applicable, submit to the Village,
on a monthly basis, a certilicd payroll. The certified
payroll shall consist of a complete copy of thosc reeords
required !o be nrade and kept by the Prevailing lVage
Act. The certified payroll shall be accompanied by a
stBtcment signed by the Contlactor or subcotttractot'
rvhich certifies thal: (1) such records are true and
accurate; (2) the hourly rate paid is not less, ii
applicable. than the gener:tl prevailing rate of hourly
wages required by the Prevailing Wage Acl.; and (3)
Contractor or srtbcontractor is aware that filing a
certihed payroll that he or she knows to be false is a
Class Il misdenteanot'. A general contrac[ot' rnay rely
npon the certiftcation of a lorver tier subcontractor,
IN WITNESS WHEREOF the parties hereto
have caused^t.his Aereement to be executed,
e ffecrive o nElO2OlhCllL, 20 r 8.
provicled that the gencrnl contractor does not knorvingly
rely'upon a subcontractor's false certification. Upon two
business da1's' notice, Contractor and each subcontractor
shall make available [or inspection [he records required
to be made and kept by the .{ct: (i) to the Viltage, its
ofhcels and agents, and to tho Director of the Illinois
Departnrent of Labor and his or hers deputies and
agentsi and (ii) at all reasonable hours at a location
within this State.
L. Conflicts of Inlerest. Contractor lepresen[s and
certi{ies that, to the bcst of its knowledge, (1) no elecied
or appointed Village official, employee or agcnt has a
personal hnancial interest in ihe business of the
Contractor or in this Agreement, or has personally
received payment or other consideration for this
.\greement; (2) as of the date of this Agreement, neither
Contractor nor any person employed or associated rvith
Conl.racLor has any inter'egt that would conflict in any
manner or degree rvith the perforntance of the
obligations uncler this Agreement; and (3) neither
Contractor nol' any person employed by or associated
rvith Contractor shall at any rinre during the tenn of this
Agreement obtain or acquile any interesl lhat lvould
conflict in any manner or deglee with the performance of
Ihe obligations under this r\greement.
NI. Exhibigs. If any conflict exists betrveen this
Contract and any exhibit atLached hereto, the !erms of
this Contract shall prevail. Any conflict that exists
betrveen Exhibit A and Exhibit B, the terms o[ Exhibit B
shal[ prevail.
VILLAGE OF OAK
Inunicipal corporation
BR00K, an 1llinois
ATTEST:
harloite Pruss, Village Riccardo F. Cinex, Village Ma
EXHIBrT A
rESTIMATE DATED OCrOBER 3,2θ Iの5
TWIN SUPPLIES,LTD.
″むカリ G′enッ ιig力 ″河θ
EST:MAttE
Oate E9timat●#|(,1]′2018 56フ・55・ 56'(1hil`"″!"ins"PPliゃ 、.“ヾ: 10:('JORIE BLヽ DS゛ itr
I'HOヽ E:(630,S9tl・ 51,8 「Aヽ :(6'0)5,71045
:24 0AK BR()OK.■ でi0523
Lヽ :A:L:hihl:tW:nゞ ヽ〕Pl∥tr,.![rl
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1200()ヽ K BR`,()κ Rl)
0へ K BRい
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ヽ11 6`'52ヽ ‐110〕
Cuslomer Contact Cuslomer Phone
0人 RR IINヽ lARlEヽS 630‐16R・ 5282
V lll燿
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6い {l()れヽR子 ●oヽ Ru“」
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Proiecl
Item Desc●pibn Qty Rate Total
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Wハ 1■八('R:85W・ 2:ヽ :700・ 1500 1 tiヽ 1:'Nヽ l SKI`
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判
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2.8'500
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2,It75 00
・104100
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Total re.-ir{.0o
EXHIBITB
(INS LTIANCE REq UIREME NTS)
Certificates o[ Insurance shall be presented to the Village upon execution of Lhis contract and vendor shall not
commence lvork r"rntil it provides and receives acceptance of insurance certificates front the ViLlage as required by
this exhibit.
Each contractor performing any lvork pursuant 0o a contract with the \tillage of Oak Brook and each permiltee
rvorking under a permit as recluired prlrsuant to the provisions of Title 1 of Chapter 8 of the Code of Ordinances ol
the Village of Oak Brook (trereinaftel referled to as "lnsured") shaU be required io carry such insurance as
specified herein. Such contractor and permittee shaU 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 rvork under the contlact or permit. either b1'the contractor, pelmittee, or
their agents, representatives, cmployees or subcontractors.
A contractor or permittee shall maintain insurance with limits no less than:
A. General Liability - 52,000,000 combincd single limit per occun'ence for bodily injury, personal injuy and
property damage:
B, Automobile t,iability (if applicable) - S1,000,000 combined single limit per accident for bodily injury and
propert-v damage;
C. Worker's Compensation and Employer's Liability . Worker's Compensation [mits as required by the Labor
Code of the State of lllinois and Ernplol er's Liability limits of 91.000,000 pel accident.
Any dedrrctibles or self-insured retentron must be declared to and approved by the Village. At the option of the
Village, either the insurer shall reduce or eliminate such deductible or sell'-insured retention as respects the
Village, its officers, oflicials, employees and volunteers; or thc Insured shall procure a bond gr,raranteeing
paynent of losses and related investigations, claim administration and defense expenses to the extent ofl such
deductible or self-insured retention.
The policies shall contain, or be endorsed to contain, the following provisions:
General Lrability and Automobile Liability Coverage .
(l)The Village, its offrcers, ofhcials, employees and volunteers are to be covered ae additional insureds as
respects: liability arising out of activities perlormed by or on behalf of the Insured; premise.s owned,
occupied or used by the Insured. 'l'he coverage shall contain no special limitations on the scope of
protection afforded to the \rillage, its officers, offrcials, employees, volunteers, or agents.
(2)The [nsured's insttrance coverBge shall be priruarl, insurance as respects the Village, its ofhcers,
officiats, emploS'ees, volunteers and agents. An-v insurance or self-insuranoe maintained by the
Village, its officers, officials, employees, volunteers or agents shall be in excess of thc Insured's
insurance and shall not contribute with it.
(3)Any failure to comply rvith reporting pror.isions of the policies shall not affect coverage provided to the
Viliage, its officels, officials, employees, volunteers or agents.
(4)The Insured's insurance shall apply sepalately to each covered party against lvhom claim is made or
suit is brought except rvith respect to the limits of the insurer's liability.
Worke r's Compensation and Enr p lo},er's Liability CoverageE
The policy shall rvaive all rights of subrogation against the Village, its officers, ofiicials, employees,
volutrteers and agents fol losses alising from work perlbrmed by the insured for the Village.
Each insulance policy shaU be endorsed to state that coverage shall not be suspended. voided, canceled by either
party, reduced in coverage or in limi[s exccpt after thirty (30) clays prior written notice by certilierl mail has
been given to the Village. Ilach insurance policy shall nanre thc Villagc, its olficers, officials and cmployecs,
volunteers and agenis as additional Insureds. Insurance is to bc placed rvith insurers rvilh a Best's rating of no
less than A: \11.
Each Insured shall frunish the Village with certilicates of insurancc and with original endorsenrenls eft'ecting
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, Thc certificates and endorsements are to
be on fornrs approved by thc Village and shall be subject to approval by the Village Attorney before work
coormences. The Village reseryes the right to require complete, certified copies of all required insulance policies.
at any time.
Each insured shall inch,rde all subcontractors as insr.reds under its policies or shal.I furnish separabe certificates
and endorsemcnts for each subcontractor. r\ll coverages for subcontractors shall be subject to al] ofl the
req r.rirements stated herein.