Access Control System ProjectVILLAGE OF OAK BROOK
CONTRACT FOR THE
ACCESS CONTROL SYSTEM PROJECT
Pull Name of Contractor: Low Voltage Solutions, Inc. ("Contractor')
Principal Office Address: 16706 Advantage Avenue, Crest Hill, Illinois 60403
Contact Person: Don Ryan Telephone Number; (630) 434-0600
TO Village of Oak Brook ("Vrllagd')
1200 Oak Brook Road
Oak Brook, Illinois
Attention Jim Fox, Information Technology Director
Contractor warrants and represents that Contractor has
carefully examined the Work Site described helou, and
has rei erred and understood all documents included,
referred to, or mentioned in this bound set ofdocuments.
1. Work
A. Contract and Work, Contractor acknowledges,
and agrees, that Contractor shall, at its sole cost and
expense, provide, perform, and complete, in the manner
specified and described, and upon the terms and
conditions set forth, in this Contract, all of the following,
all of which is herein referred to as the "Work":
1. Labor Equipment Materials and Supplies.
Provide, perform, and complete, in the
manner specified and described in this
Contract, all necessary work, labor, services,
transportation, equipment, materials,
supplies, information, data, and other means
and items necessary for the Oak Brook
Access Control System Project, as specified
in Exhibit A attached hereto, at the Police
Department, 1200 Oak Brook Road, Fire
Station 03, 725 Enterprise Drive, and Public
Works Department, 3003 Jorie Blvd., Oak
Brook, Illinois 60523 ("W01k8itd9;
2. Permits, The Village will furnish all
permits, licenses, and other governmental
approvals and authorizations necessary in
connection therewith;
3. Insurance, Procure and furnish insurance
certificates specified in this Contract;
4. Taxes. Pay all applicable federal, state, and
local taxes;
6. Miscellaneous. Do all other things required
of Contractor by this Contract; and
6. Quality, Provide, perform, and complete all
of the foregoing in a proper and workmanlike
manner, consistent with the standards of
recognized professional firms in performing
Work of a similar nature, in full compliance
with, and as required by or pursuant, to .this
Contract, and with the greatest economy,
efficiency, and expedition consistent
therewith, with only new, undamaged, and
first quality equipment, materials, and
supplies.
B. Performance Standards. Contractor
acknowledges and agrees that all Work shall be fully
provided, performed, and completed in accordance with
the proposal dated November 13, 2015, attached hereto
as Exhibit A.
C. Responsibility for Damage or Loss. Contractor
proposes, and agrees, that Contractor shall be
responsible and liable for, and shall promptly and
without charge to Village repair or replace, any damage
done to, and any loss or injury suffered by, the Village,
the Work, the Work Site, or other property or persons as
a result of the Work.
D. Ins pectiorYl'est nnelReiection. Village shall have
the right to inspect all or any part of the Work and to
reject all or any part of the Work that is, in Village's
judgment, defective or damaged or that in any way fails
to conform strictly to the requirements of this Contract
and the Village, without limiting its other rights or
remedies, may require correction or replacement at
Contractor's cost, perform or have performed all Work
necessary to complete or correct all or any part of the
Work that is defective, damaged, or nonconforming and
charge Contractor with any excess cost incurred thereby,
or cancel all or any part of any order or this Contract.
Work so rejected may be returned or held at Contractor's
expense and risk.
2. Contract Price
Contractor acknowledges and agrees that Contractor
shall take in full payment for all Work and other matters
set forth under Section 1 above, including overhead and
profit; taxes, contributions, and premiums; and
compensation to all subcontractors and suppliers, the
compensation set forth below.
A. SCHEDULE OF PRICES
For providing, performing, and completing all
Work, the total Contract Price of $2,400.00
TOTAL CONTRACT PRICE (in writing)
Two Thousand Four Hundred Dollars
B. BASIS FOR DETERMINING PRICES
It is expressly understood and agreed that:
1. All prices stated in the Schedule of Prices
are firnn and shall not be subject to
escalation or change;
2. The Village is not subject to state or local
sales, use, and excise taxes, that no such
taxes are included in the Schedule of Prices,
and that all claim or right to claim any
additional compensation by reason of the
payment of any such tax is hereby waived
and released;
3. All other applicable federal, state, and local
taxes of every kind and nature applicable to
the Work are included in the Schedule of
Prices.
C. TIME OF PAYMENT
It is expressly understood and agreed that all
payments shall be made upon completion of the
work and final approval by the Village.
All payments may be subject to deduction or
setoff by reason of any failure of Contractor to
perform under this Contract. Each payment
shall include Contractor's certification of the
value of, and partial or final waivers of lion
covering, all Work for which payment is then
requested and Contractor's certification that all
prior payments have been properly applied to
the payment or reimbursement of the costs with
respect to which they were paid.
3. Contract Time
Contractor acknowledges and agrees that Contractor
shall commence the Work within 15 days following the
Village's acceptance of this Contract provided Contractor
shall have furnished to the Village all bonds and all
insurance certificates specified in this Contract
("Commencement Data'). Contractor further
acknowledges and agrees that Contractor shall perform
the Work diligently and continuously and shall complete
the Work not later than December 31, 2015 ("Time of
Performaned'). The Village may modify the Time of
Performance at any time upon 15 days prior written
notice to the Contractor. Delays caused by the Village
shall extend the Time of Performance; provided,
however, that Contractor shall be responsible for
completion of all Work within the Time of Performance,
notwithstanding any strike or other work stoppage by
employees of either Contractor or of the Village.
d. Financial Assurance
A, Insurance. Contractor acknowledges and agrees
that Contractor shall provide certificates of insurance
evidencing tine minimum insurance coverages and limits
set forth in Exhibit B within 10 days following the
Village's acceptance of this Contract. Such policies shall
be in form, and from companies, acceptable to the
Village. The insurance coverages and limits set forth
Exhibit B shall be deemed to be minimum coverages and
limits and shall not be construed in any way as a
hinitatioin on Contractor's duty to carry adequate
insurance or on Contractor's liability for losses or
damages under this Contract. The minimum insurance
coverages and limits that shall be maintained at all
times while providing, performing, or completing the
Work are as set forth in Exhibit B.
B. Indemnification. Contractor acknowledges and
agrees that Contractor shall indemnify and save
harmless the Village against all damages, liability,
claims, losses, and expenses (including attorneys' fee)
that may arise, or be alleged to have arisen, out of or in
connection with Contractor's performance of, or failure to
perform, the Work or any part thereof, or any failure to
meet the representations and warranties set forth in
Section 6 of this Contract.
1). Penalties. Contractor acknowledges and agrees
that 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 or in connection with
Contractor's performance of, or failure to perform, the
Work or any part thereof.
5. Firm Proposal
All prices and other terms stated in this Contract are
firm and shall not be subject to withdrawal, escalation,
or change.
6, Contractor's Representations and Warranties
In order to induce the Village to accept this Contract,
Contractor hereby represents and warrants as follows:
A. The Work. The Work, and all of its components,
shall strictly conform to the requirements of this
Contract, including, without limitation, the performance
standards set forth in Subsection 1B of this Contract;
and shall be fit, sufficient, and suitable for the purposes
expressed in, or reasonably inferred from, this Contract
and the warranties expressed herein shall be in addition
to any other warranties expressed or implied by law,
which are hereby reserved unto the Village.
B, Compliance with Laws. The Work, and all of its
components, shall be provided, performed, and completed
in compliance with, and Contractor agrees to be bound
by, all applicable federal, state, and local latus, orders,
raffles, and regulations, as they may be modified or
amended from time to time, including without limitation
the Prevailing Wage Act, 820 ILLS 130/0.01 et sec. (in
furthorance of which, a copy of Village's ordinance
ascertaining the prevailing rate of wages, in effect as of
the date of this Contract, has been attached as an
Appendix to this Contract; if the Illinois Department of
Labor revises the prevailing rate of hourly wages to be
paid, the revised rate shall apply to this Contract); any
other prevailing wago laws; any statutes requiring
preference to laborers of specified classes; any statutes
prohibiting discrimination because of, or requiring
affirmative action based on, race, creed, color, national
origin, ago, sex, or other prohibited classification; and
any statutes regarding safety or the performance of the
Work, Further, Contractor shall have a written sexual
harassment policy in compliance with Section 2.105 of
the Illinois Human Rights Act during the course of the
work,
C. Not -Barred. Contractor is not barred by law
from contracting with the Village or with any other unit
of state or local government as a result of (i) a
delinquency in the payment of any tax administered by
the Illinois Department of Revenue unless Contractor 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
191
5/11-42.1-1; or (ii) 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 seq.
D. Qualified. Contractor has the requisite
experience, ability, capital, facilities, plant, organization,
and staff to enable Contractor to perform the Work
successfully and promptly and to commence and
complete the Work within the Contract Price and
Contract Time set forth above.
7. Acknowledgements
In submitting this Contract, Contractor
acknowledges and agrees that:
A. Reliance. The Village is relying on all
warranties, representations, and statements made by
Contractor in this Contract.
B. Acceptance. if this Contract is accepted,
Contractor shall be bound by each and every term,
condition, or provision contained in this Contract.
D. Remedies. Each of the rights and remedies
reserved to the Village in this Contract shall be
cumulative and additional to any other or further
remedies provided in law or equity or in this Contract.
E, Time. Time is of the essence in the performance
of all terms and provisions of this Contract and, except
where stated otherwise references in this Contract to
days shall be construed to refer to calendar days and
time.
F, No Waiver, No examination, inspection,
investigation, test, measurement, review, determination,
decision, certificate, or approval by the Village, whether
before or after the Village's acceptance of this Contract;
nor any information or data supplied by the Village,
whether before or after the Village's acceptance of this
Contract; 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 Work by the
Village; nor any extension of time granted by the Village;
nor any delay by Clio 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 Work, nor
operate to waive or otherwise diminish the effect of any
representation or warranty made by Contractor; or of
any requirement or provision of this Contract; or of any
remedy, power, or right of the Village.
G. 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.
H. Amendments and Modi&cations. 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.
I. Assignment. Neither this Contract, 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. Governing Law; Venue, 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. Venue for any action arising out of
or due to this Contract shall be in the Circuit Court for
DuPage County, Illinois.
K. Certified Payrolls. Contractor shall, in
accordance with Section 5 of the Illinois Prevailing Wage
Act, 820 ILCS 13015, submit to the Village, on a monthly
basis, a certified payroll. The certified payroll shall
consist of a complete copy of those records required to be
made and kept by the Prevailing Wage Act. The certified
payroll shall be accompanied by a statement signed by
the Contractor or subcontractor which certifies tbat4 (1)
such records are true and accurate; (2) the hourly rate
paid is not less than the general prevailing rate of hourly
wages required by the Prevailing Wage Act; and (3)
Contractor or subcontractor is aware that filing a
certified payroll that he or she knows to be false is a
Class B misdemeanor. A general contractor may rely
upon the certification of a lower tier subcontractor,
provided that the general contractor does not knowingly
rely upon a subcontractor's false certification. Upon two
business days' notice, Contractor and each subcontractor
shall make available for inspection the records required
to be made and kept by the Act: (i) to the Village, its
officers and agents, and to the Director of the Illinois
Department of Labor and his or hers deputies and
agents; and (ii) at all reasonable hours at a location
within this State.
L. Conflicts of Interest. Contractor represents and
certifies that, to the best of its knowledge, (1) no elected
or appointed Village official, employee or agent has a
personal financial interest in the business of the
Contractor or in this Agreement, or has personally
received payment or other consideration for this
Agreement; (2) as of the date of this Agreement, neither
Contractor nor any person employed or associated with
Contractor has any interest that would conflict in any
manner or degree with the performance of the
obligations under this Agreement; and (3) neither
Contractor nor any person employed by or associated
with Contractor shall at any time during the term of this
Agreement obtain or acquire any interest that would
conflict in any manner or degree with the performance of
the obligations under this Agreement.
M. Exhibits. If any conflict exists between this
Contract and any exhibit attached hereto, the terms of
this Contract shall prevail. Any conflict that exists
between Exhibit A and Exhibit B, the terms of Exhibit B
shall prevail.
IN WITNESS WHEREOF the parties hereto VILLAGE OF OAK BROOK, an Illinois
have caused this greement to be executed, municipal corporation
effective on
ATT
ES
By By'
Charlotte Pruss, ViIlage Clerk Riccardo F. C,inex,
ATTEST! LO
W By:
By: 1
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RACHELIJARKER
Official Seal
Notary Public - State of Illinois
My Commission Expires Sep 24, 2018
EXHIBITA
(PROPOSAL, DATED NOVEMBER 13, 2015)
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Project: Village of Oak Brook - Oak Brook, Illinois
16706 Advantage Avenue
Crest 11111, IL 60403
Office (630) 434-9600
Fax (630) 434-9767
www.lvsolutions.com
Submitted By Don Ryan -
We are pleased to submit the following proposal on the above referenced project.
Access Control System
Public Works Bldg- - $1,200,00
Provide and install 1 card reader, 1 door contact, 1 request -to -exit device to an existing Keyscan door controller. Install
customer provided access control cables to 1 door. Price includes all programming, termination's and testing. Price
includes 1 KPROX2 card reader, 1 door contact and 1 request to exit device.
Fire Station 93 - $600.00
Provide and install 1 card reader device on a customer provided key box to an existing Keyscan door controller. Install
customer provided access control cables to key box. Price includes all programming, termination's and testing. Price
includes 1 KPROX2 card reader.
Police Department - $600,00
Reinstall existing card reader, door contact and request to exit device on a door that was relocated during construct. Price
includes all programming, termination's and testing.
Total Project Price - $2,400.00
Notes.,
1. Price based on scope of work document from customer
2. Price includes all cabling, termination's and testing as required.
3. Price includes all required conduit, boxes and raceways.
4. Price does not include any electrical work.
5. Material and equipment sales tax is excluded.
6. Price does not include any bonding costs.
7. All work to be performed on standard business hours.
Labor is guaranteed to be as specified, and the above work to be performed and completed in a substantial workman like manner. If required, permits
and fees will be at additional costs. Low Voltage Solutions, Inc. (LVS) assumes that all work can be done on regular time unless otherwise stated. All
agreements are contingent upon strikes, accidents, or delaysbeyond our control. Owner will carry fire, tornado, and other necessary insurance. LVS
carries general liability and Workmen's Compensation Insurance.
11CS1 .:
1 of 2
NECI?
PAYMENT TERMS TO BE: PAYMENT UPON DELIVERY FOR MATERIAL AND LABOR, A 1.5% FINANCE CHARGE WILL BE APPLIED TO ANY
BILLS OVER 30 DAYS OLD.
This quote covers direct costs only and we reserve the right to claim for Impact, schedule change and consequential coals.
Any deviation to work as described will be done only upon written consent of the customer and acceptance by Low Voltage Solutions, Inc.
ACCEPTANCE OF PROPOSAL #30-5952 PR#01
The above prices, specifications and conditions are satisfactory and are hereby accepted. We authorize Low Voltage Solutions to do the work as
specified. Payment will be made as outlined above. This proposal will remain In effect for 30 days. A purchase order authorizes LVS to proceed with
the work under the terms listed above.
Signature:
Him
NTCN
EXHIBIT B
(INSURANCE REQUIREMENTS)
INSURANCE:
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 - $2,000,000 combined single limit per occurrence for
bodily injury, personal injury and property damage, provided that when
the estimated cost of the work in question does not exceed $25,000, the
required limit shall be $1,000,000;
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.
Any deductibles or self-insured retention 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 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
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 agents shall
be in excess of the Insured's insurance and shall not contribute
with it.
(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, 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 anytime.
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,