Heritage Center HVAC Maintenance AgreementVILLAGE OF OAK BROOK
PROFESSIONAL SERVICES AGREEMENT
This AGREEMENT is dated as of the/ -Il day of �✓.0 ; - 201? ("Agreement"), and is by and between the VILLAGE OF
OAK BROOK, 1200 Oak Brook Road, Oak Brook, Illinois, 60523 an Illinois municipal corporation ("ItiBage'), and
CONTROLLED ENVIRONMENTAL SYSTEMS, INC., 16308 S. 10"" Avenue, Suite 1., Orland Park, Illinois 60467-8887
("Consuhanf')
IN CONSIDERATION OF the recitals and the mutual covenants and agreements set forth in the Agreement, and pursuant to the
Village's statutory powers. the parties agree as follows:
SECTION 1. SCOPE OF SERVICES. The Village
retains the Consultant to perform, and the Consultant agrees to
perform, all necessary services to perform the work in
connection with the project identified below ("services"),
which Services the Consultant shall provide pursuant to the
terms and conditions of this Agreement:
Oak Brook Heritage Center HVAC Preventative
3faintenmrce.igreernenr 7/112017-6/30/2018
S EC"f ION 2. TIME OF PERFORMANCE. The
Consultant shall perform the Services as mutually agreed upon
by the Village and Consultant ("Tine pj Perjarmmrce").
SECTION 3. COMPENSATION.
A. Agreement Amount. ]'he total amount
billed by the Consultant for the Services under this Agreennenl
shall not exceed S3,400.00, including reimbursable expenses.
without the prior express written authorization of the V'illagc
Manager.
B. Tares Benefits and Royalties. Each
payment by die Village Io the Consultant includes all
applicable federal, state, and Village taxes of every kind and
nature applicable to the Services as well as all taxes,
contributions. and premiums for unemployment insurance. old
age or retirement benefits. pensions, annuities. or similar
be.nel its and all costs, royalties. and fees arising hom the use
of. or the incorporation into. the Services, of patented or
copyrighted equipment, materials. supplies, tools, appliances.
devices. processes, or inventions. All claim or right to claim
additional compensation by reason of the payment of onv such
tax, contribution, premium. costs, royalties, or fees is hereby
waived and released by Consultant.
SECTION 4. REPRESENTATIONS OF
CONSULTANT. The Consultant represents and certifies that
the Services shall he performed in accordance with the
standards of professional practice, care. and diligence
Practiced by recognized consultants in performing services of
a similar nature in existence at the Time of Performance The
repreeentations and ceri-ications expressed shall be in
addition to any other representations and certifications
expressed in this Agreement. or expressed or implied by law.
which are hereby reserved mite the Village.
The Consultant further represents that it is financially solvent.
has the necessary financial resources, and is sufficiently
experienced and competent to perform and complete the
Services in a manner consistent with the standards of
professional practice by recognized consultants providing
services of a similar nature. 1 h Consultant shall provide all
personnel necessary to complete the Services.
SECTION S. INDEMNIFICATION, INSURANCE -
LIABILITY
A. Indemnification. The Consultant proposes
and agrees that the Consultant 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 the
Consultant's performance of, or failure to perform. the
Services or any part thereof, or any failure to meet the
representations and certifications set forth in Section 4 of this
Aureemem
B. Insurance. The Consultant acknowledges
and agrees that the Consultant shall. and has a dunto,
maintain adequate insurance, in an amount, and in a Ibrm and
from companies, acceptable to the Village. The Consultant's
maintenance of adequate insurance shall not be construed in
any way as a limitation on the Consultant's liability for losses
or damages under this .Agreement.
C. No Personal Liability. No elected or
appointed official or -'employee the Village shall be
personally liable, in law or in contract, to the Consultant as the
result of the execution of this Agreement.
SECTION 6. GENERAL PROVISIONS,
A. Relationship or the Parties. The
Consultant shall act as an independent contractor in providing
and performing the Services. Nothing in. nor done pursuant
to. this Agreement shall be construed to: (1) create the
relationship of principal and agent. employer and employee.
partners.. or joint venturers bLiWeCn the Village and
Consultant; or (2) to create any relationship between the
Village and am subcontractor of the Contractor.
B. Conflicts of Interest. The Consultant
represents and certifies that, to the best of its knowledge: ( I )
no V'illase employee or agent is interested in the business of
the Consultant or this Agreement, (2) as of the date of this
Agreement. neither the Consultant nor am person employed
or associated with the Consultant has any interest that would
conflict in any manner or degree with the performance of the
obligations under this Agreement: and 13) neither the
Consultant nor any person employed by or associated with the
Consultant shall at any time durme the term of this Agreement
obtain or acquire an%y interest that would conflict in am
manner or degree wall the performance of the obligations
under this Agreement.
C. No Collusion, The Consultant represents
and verifies that Cis not barred from contracting
with a unit of state or local govemment as a result of (I) a
delinquent) ;n the payment of any tax administered by the
Illinois Department of Revenue unless the Consultant is
contesting, to accordance with the procedures established hs
the appropriate revenue act. its liability for the tax or the
amount of the tay. as set forth in Section 11--12.1-1 err sett of
the Illinois Municipal Code. 65 ILCS 5o 11-42.1-1 et ,eq.:. or
12) a violation of either Section 3312.3 or Section 13E-4 of
Article 731-. of the Criminal Code of 1961. 720 ILCS 5:331:-1
er .sey If at any time it shall be found that the Consultant
has, in procuring this Agreement, colluded with any other
Person. firm, or corporation, then the Consultant shall be liable
to the Village for all loss or damage that the Village may
suffer. and this Agreement shall, at the Village's option. be
null and void.
D. Termination. Notwithstanding any other
provision hereof, the Village may terminate this Agreement at
any 'line upon 15 days prior wrinen notice to the Consultant.
In the event that this Agreement is so terminated, the
Consultant shall be Paid for Services acluallg performed and
reimbursable expenses actually incurred. if any, prior to
termination, not exceeding the value of the Sersicc,
completed.
E. COmnliaDce with Laws and Grants.
Consultant shall give all notices. pay all fees, and take all
other action that may be necessary to ensure that the Services
are provided. performed. and completed in accordance with all
required governmental permits, licenses. or other approvals
and authorizations that may be required in connection with
providing, performing. and completing the Services, and with
all applicable statutes. ordinances, rules. and regulations.
including without limitation the Fair Labor Standards Act. any
statutes regarding qualification to do business; any statutes
prohibiting discrimination because of, or requiring affirma[ive
action based on, race, creed, color, national origin, age, sex, or
Other prohibited classification, including, without limitation,
the Americans with Disabilities Act of 1990. 42 U.S.C. §§
12101 et sey.. and the Illinois Human Rights Act, 775 ILCS
5, 1-Iof ar .req. Consultant shall also comply with all
conditions of am federal, state, or local grant received by the
Village or Consultant with respect to this Contract or the
Services. Consultant shall be solely liable for anv fines or
civil penalties that are imposed by any governmental or quasl-
govemmental agency or body that may arise,. or be alleged to
have arisen, out of or in connection with Consultant's, or its
subcontractors, performance of, or failure to perform. the
Services or any pan thereof Every provision of la% required
by law to be inserted into ibis Contract shall be deemed to be
inserted herein.
F. Default. If it should appear at any time that
the Consultant has failed or refused to prosecute, or has
delayed in the prosecution of. the Services with diligence at a
rate that assures completion of the Services in full compliance
with the requirements of this Agreement, m has otherwise
failed- refused, or delayed to perform or satisfy the Services or
any other requirement of this Agreement t "Even, of
Defaufr'j. and fails to cure any such Event of Default within
ten business days after the Consultant's receipt of wrinen
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 (I) terminate this
Agreement without liability for further payment, or (2)
withhold from any payment or recover from the Consultant,
any and all costs, including attorneys' fees and administrative
expenses. incurred by the Village as the result of any Event of
Default by the Consultant or as a result of actions taken by the
Village in response to any Event of Default by the Consultant.
G. Assignment. ibis Agreement may not be
assigned by the Village or by the Consultant without the prior
wrinen consent of the other para.
K Notice. All notices required or permitted to
be given under this Agreement shall be in writing and shall be
delivered: ( 1) personally; (2) by a reputable overnight courier;
or by (3j by cenilied mail. return receipt requested, and
deposited in the U.S. Mail, postage prepaid. Unless otherwise
expressly provided in this Agreement, 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) three business days
following deposit in the U.S. mail. as evidenced by a return
receipt. 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: Doug Patchin, Public Works
Director
Notices and communications to the Consultant shall be
addressed to, and delivered at, the following address:
Controlled Environmental Systems. Inc,
16308 S. 107'"Avenue. . Suite 12
Orland Park. Illinois 60467-8887
Attention: Chris Simadis
1• Waiver. Neither the Village nor the
Consultant shall be under any obligation to exercise any of the
rights granted to them in this Agreement except as it shall
determine to be in its best interest from time to time. The
failure of the Village or the Consultant to exercise at anv time
any such rights shall not be deemed or construed as a waiver
of that right, nor shall the failure void or affect the Village's or
the Consullant's right to enforce such rights or arrv, other
I ight..
J. Third Party Beneficiary. No claim as a
third patty beneficiary under this ,Agreement by any person,
firm, or corporation shall be made or be valid against the
Village
K. Conflicts: Exhibits. If any term or
Provision in this Agreement conflicts with anv term or
Provision ol'an attachment or exhibit to this Agreement, the
terms and provisions of this Agreement shall control.
L. Governfnv Laws This Agreement and the
rights of Owner and Consultant under this Agreement shall be
interpreted according to the internal laws, but not the conflict
of laws rules, of the State of Illinois; the venue for any legal
action arising in connection with this Agreement shall be in
the Circuit Court of Du Page County, Illinois.
M. No Disclosure of Confidential Information by the
Consultant. The Consultant acknowledges that it shall, in
performing the Services for the Village under this Agreement,
have access, or be directly ur indireclty exposed, to
Confidential Information. The Consultant shall hold
confidential ail Confidential Information and shall not disclose
or use such Confidential Information without the express prior
written consent of the Village. The Consultant shall use
reasonable measures at least as strict as those the Consultant
uses to protect its own confidential information. Such
measures shall include, without limitation, requiring
employees and subcontractors of the Consultant to execute a
non -disclosure agreement before obtaining access to
Confidential Information.
J.'a'
RNByc icrk Md. Fillage Manager
ATTEST:
By'
=115633' .t
CONTROLLED ENVORONM.ENTAL SYSTEMS, ING_
By
1 '
I;s: _ .•.�----�--- -`--`� C'S'C.
CONTROLLED 1009 S I07'h Avenue. Suite 12 ' Oland Park. Illinois 60467_RRR7
ENVIRONMENTAL folcphone (709)460-6333 . Pas (708) 460-6317,
SYSTEMS, INC.
MAINTENANCE AGREEMENT
SCHEDULE I — PREVENTIVE MAINTENANCE:
Includes provisions under Schedule I. Page 2.
Cost is S, 38(x).00 per Year
PURCHASER:
NAME: Village of Oak Brook
Old Butler School
ADDRESS: 2871 W.31"Street
Oak Brook, IL 60.523
PHONE: 630-368-5270
PP.RSON IN CHARGE. Duug Pmchiu
1 itic: \'i llage A1an:,ger
Cnnnael Dine: ' 1 1 7- 6 3! Is
Page I
SCHEDULEI
PREVENTIVE MAINTENANCE
PERFORM THE FOLLOWING SERVICES
EVAPORATOR
YES NO
Check coil condition
x
Check dnp pan & drair condition
_ _
x
Check condensate drains
x
Inspect forrehigerant leaks
....x - ----
CONDENSER-WATER COOLED
Check water regulatirrvalve
Check for noncovenaables in system
Check for scaling or wnosion condition
Check Condition of an other water varves
Drain water lines, pump. condenser andior
tower to prevent rreeDng In winter
Clean water feeders
Clean strainers
Rod condenser
CONDENSER - AIR COOLED
Check condenser coil condition _
Pressure wash Condenser
COMPRESSOR
Check general operation & condition
Check oil pump operation 8 oil level
Check head pressure a suction pressure
Checx noise & vibration
Make pump down capacity check
REFRIGERANT CIRCUIT
Check system for oil & refrigerant leaks by
visual inspection 8 by torch test
Check all supply 8 refrigerant charge per _
Service instructions for equipment
Check operation of refrigerant controls
Cheek insulation , vibration, noise
tn�;Ow�aiS Txnl she. eoWlq,ssx_m., i�tlYCeq
pump down of refrigerant charge, if req
including (uses
Check wiring from disconnect switch to
unit
FAN 6 FAN DRIVES
Check tan 8 motor bearings
Check motor housing 8 commutators
Check bell condition & tension
Check drives 8 pulley for tightness
8 alignment
Open disconnect switch, inspect fuses
Oil motors
COOLING TOWER
Check general Condition of tower
Check condition of water pan
Check float valve operation_
Check pump b motor bearings ..
Check fen motor or spinner
Check olead-oH
Include water treatment
Chemical cleaning of toners
HEATING
Check burner condition
Check heat exchanger condition
Check healing coil condition
Check gas Input or pl pressure per
service instructions
Check flame _adjustment
Check fan & limit Switch operation
Check all valves
Check condition of steam traps
Clean pilot and main burner
CONTROLS
Cheek_ thermostat operation
Check operation of Starter
Check operation of relays
Check operation Of pressure switch
Adjust controls -
YES NO
_%._.
x
X —_
FILTERS
Change filters 2x a year x
OPTIONAL EQUIPMENT Filters provided by Village x
Humidifier - check 8 adjust x ---.
Contlensate pump -check 8 adjust x _Fan BoltsYES _
Chance belts - 1 peryear- - - --"
INSPECTIONS __ _....__ _.
Belts Supplied by Village
Numtler of inspections: 2 per year
Schedulecias folbws: Spring 8 Fall
LABOR RATE:
Labor will be invoiced at S 132.00 per man hour. Overtime will be one and one-half timesm.
I rateHolidays are
Double the normal hourly rate. Normal hours are Monday through Friday from TDO AM ro 3:30 PM
Page 2
r -A
THE PURCHASER AGREES:
1 "' acJt}a the judgment or 411e, as WI he heel means and nenh d. to he empinycd far any catmmr wnrk neea: airy, httamr of
his lchnical knonxledge:and cxpmene, in imice and rem., manor
Ilial any -]]Conon,addil inns. ad i ustments or repairs nsadt by others, unless authonxed by the Stile,. will release and Rammme
all obligation, of Sella
! Ilial as pun of Ihl. sery¢t agrcemrml. the Seller shad] nut he rugtnred hr fumish ant items of equlpmenr winch rnav M'rteotnmended err
requBeel he InSumnce tolDrames. Gmaxnment. State, hiuulclfell or other amhnrinN. unluss paid for by purchaser.
a 1 hat the `,eller shall ml he• rrymrcvl In remv.e or replace or aim ant pin of the building structure in the performance of this agnememl
or u, rnoke any ann,orioo err design and:or a ogineenng tithe egmpmmi or instal]anon.
5 1 hat the pnducl nr yuipmeat listed in this agreement Is
get' being acurpN with the understanding that the cyuipmem is in vcmJ oprnong
coni itimr Should any h'paln he bond nar�ssary upm .alnn-uP, initial inapeerions. R Charge will be mode liar these repairs, governed by the
pmveiling INN,, and matcrrnl rales.
h it, fare extra for the nplNtanent of colla, wale, cowled recei. en. rot hermetic celled units not cuve,ad by Manufaavrer'a waronty and
deCmM h wood reryNn m �udgmenl of Seller I aMr and mmaial m mswll same will he fumrshed by Seller "'the Pumbaser at prevailing
pin," It110taia15mOV,earnedhYWarren, then
w-osel, ympntcntrYrChaaaY agTCCe in INY SCIILY fM IIIMrJIId IItA1<TNIi nIN;C6SRiy tO ICplale said deICCIIYC
.
he Sell r s wnrk under this avlmuel lunless Texircailt "Dorn hatlnl wilf not include cahinns. hardware or glass, ductwork.
dampen, mautarinn. ",ndinv nsstrilmeota. gauger of thamvnmtefywmcr sopply, drain and steam lines beyond the appumrtav valves,
elulncal hoes equrpmmAl hetond the apparnlu` nein >witeh moving nl
rara•hcmmg the eyuipmmrt. repUcement of lane that ere ohsolCle.
paln Juc to he axing m (amt cnnumiwt<d eorrosAv "ala, Mda lube" and Miler,mhos r,, refomory, furnace heal exchangers,
c•rmhustum chambe,. smoke stacks, chimney and Needing, printing .+1 aquiprnum err cicamnp nI'iil" duelschimneys and flues. delimina
M wale, cix:6np tnw, and n+ndenatre unla:, iorl d,if helms
R 1 he p"Ane a well xssumC remnahilny and pay eama fie 811 sera tee and material required due w deelo.I M.,, failure, lout aJtage.
burned out main or branch fuses. Inw water prexinaM. commminution, aeddent. freezing, flooding, wdlfiJ damage, nev]ecL fim., thenad
dogged filters.
n [he Selkl shall nor be liable for anq Incus or dmnages us a resu0 of inlelruptinn fn user of a ui mem or dui ur
rreezu .tire rust or cam, q P II Go dorcirencax.
p ani. cummer`rel delay.-. spoilage gemding. Inns of huemexs. woe amJilirms. anM1 nr /sets nl'(ieNl nreimumslane'cs
htynnd hr. tontnd. acrd it o- rvprrasly egrraxl drvt rhe ticller asmme Mr liahilny for ncgligrnct or lailurc "bane Nver, Man,, perform the
. rvrces harem se, IcNr .od. m oro ream], r. rha•.Se-0lrb Imbdo, lira any rxwsorr whalxrrcmr. m r:cead rhe arnnum nl rhe,mice charge for
onelmmlhlc period.
It) cella oI'll vax the A 191111, - price AxA,,,ons an the I.Mr pittiun of this aprceman +,hmh arca dtreet result of amvn Increases during
the tam of Ibis agreement
I I Lithl, patty rnav lerminart this agreenrcnl by giv nig til Jays wrings n(Nice. I bar agreement shall continue on few a further period of
,+rte year and thematic, tium year ,, yen, unlrs` txMina, d as Moto Pn..islef 4nnual renowals m h invvretd Fc tiCllm
12 All ICM, performed other Ihau Monday Ilvough fndny from 7'.01) A M to t )u P M. well be imn¢ad h,ryAelty, as Rn additional
charge` e,1 a rote of I'S the regular labor Price
I Fv unh,u Vrnl rnF,'mana ealW rM-"'A"r, , hnMa aynvs m N) rry andro h aax'ax. in Wdinp ]aha nal mnmalx.
fav ,hypxr nn•,+rnrNxxr nr mamas Io n lunna%rnxlmlr.W
m.le eno-t to M1r ;na;;,urxnn :iia a eelers inaxmr roan N, wala;ntr Iia• fa i her, m nakt a umtb rcrmnaiue rte Morn Pn•.tlW SaW rnuae Jiall ria ea:nnl
aftheaar.•mroflnoraretl.... Caen motors rhe mroxe«mnma uvaaW M:n, rernrrmrchi,m.ex'errnmrm umetl fx ora mamM.x rmn.rhr:anerrrn Wrlho
I
+fni mnxuek uwbnr,nlpaxm. mrnrh;h naeUank enema .( sora cam n,a+ IMmvmm� tunM+rtpreeenrtna
l nae auJrmm re, acagx ;nn, roto,.
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Page i
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EQUIPMENT LIST
Old Butler School
EQUIP. TYPE
MAKE MOVE L#
SEJUALp
LOCATION
Condensing unit
Carrier 38AU024600
6597717
Side of Bldg
Hm Water Rniler
%M•id...
Basement
Air Handler
Carrier 39AF0024
N;A
21d FI. Ceiling
Page 4