Village-wide Fire Alarm and Sprinkler Insp. and Test. Srvs. VILLAGE OF OAK BROOK
CONTRACT FOR THE
VILLAGE WIDE FIRE ALARM AND SPRINKLER INSPECTION AND TESTING SERVICES
Full Name of Contractor:Affiliated Customer Service, Inc. ("Contractor")
Principal Office Address: 1441 Branding Avenue, Suite 260, Downers Grove, Illinois 60515
Contact Person:Giuseppe Gentile, Customer Service Representative Telephone Number: (630) 434-7900
TO: Village of Oak Brook("Village")
1200 Oak Brook Road
Oak Brook, Illinois
Attention: Doug Hroba, Fleet& Facilities Supervisor
Contractor warrants and represents that Contractor has
carefully examined the Work Sites described below and
has reviewed and understood all documents included,
referred to, or mentioned in this bound set of documents.
1. Work
A. Contract and Work. Contractor acknowledges,
and agrees, that Contractor shall, at its sole cost and 5. Miscellaneous. Do all other things required
expense, provide, perform, and complete, in the manner of Contractor by this Contract; and
specified and described, and upon the terms and
conditions set forth, in this Contract, all of the following, 6. Qualit . Provide, perform, and complete all
all of which is herein referred to as the"Work": of the foregoing in a proper and workmanlike
manner, consistent with the standards of
1. Labor, Equipment, Materials, and Supplies. recognized professional firms in performing
Provide, perform, and complete, in the Work of a similar nature, in full compliance
manner specified and described in this with, and as required by or pursuant, to this
Contract, all necessary work, labor, services, Contract, and with the greatest economy,
transportation, equipment, materials, efficiency, and expedition consistent
supplies, information, data, and other means therewith, with only new, undamaged, and
and items necessary for Village-Wide Fire first quality equipment, materials, and
Alarm and Sprinkler Inspection and Testing supplies.
Services, as specified in Exhibit A, attached
hereto, in Oak Brook, Illinois 60523 ("Work B. Performance Standards. Contractor
Site"); acknowledges and agrees that all Work shall be fully
provided, performed, and completed in accordance with
2. Permits. The Village will furnish all the specifications in Exhibit A. In the event the quality
permits, licenses, and other governmental of service becomes unacceptable, the Village reserves
approvals and authorizations necessary in the right to cancel the contract after giving thirty (30)
connection therewith; day written notice.
3. Bonds and Insurance. Procure and furnish C. Responsibility for Damage or Loss. Contractor
all bonds and all insurance certificates and proposes, and agrees, that Contractor shall be
policies of insurance specified in this responsible and liable for, and shall promptly and
Contract; without charge to Village repair or replace, any damage
done to, and any loss or injury suffered by, the Village,
4. Taxes. Pay all applicable federal, state, and the Work, the Work Site, or other property or persons as
local taxes; a result of the Work.
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D. Inspection/Testing/Rejection. Village shall have C. TIME OF PAYMENT
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 It is expressly understood and agreed that the
judgment, defective or damaged or that in any way fails Village shall only make any final payments upon
to conform strictly to the requirements of this Contract completion of the work and final approval.
and the Village, without limiting its other rights or
remedies, may require correction or replacement at All payments may be subject to deduction or
Contractor's cost, perform or have performed all Work setoff by reason of any failure of Contractor to
necessary to complete or correct all or any part of the perform under this Contract. Each payment
Work that is defective, damaged, or nonconforming and shall include Contractor's certification of the
charge Contractor with any excess cost incurred thereby, value of, and partial or final waivers of lien
or cancel all or any part of any order or this Contract. covering, all Work for which payment is then
Work so rejected may be returned or held at Contractor's requested and Contractor's certification that all
expense and risk. prior payments have been properly applied to
the payment or reimbursement of the costs with
2. Contract Price respect to which they were paid.
Contractor acknowledges and agrees that Contractor 3. Contract Term
shall take in monthly payments for all Work and other The term of this Agreement shall be for one (1) year
matters set forth under Section 1 above, including beginning March 1, 2022 through February 28, 2023.
overhead and profit; taxes, contributions, and premiums; Contractor acknowledges and agrees that Contractor
and compensation to all subcontractors and suppliers, shall commence the Work within 15 days following the
the compensation set forth below. Village's acceptance of this Contract, or as otherwise
agreed to by the parties, provided Contractor shall have
A. SCHEDULE OF PRICES furnished to the Village all bonds and all insurance
certificates specified in this Contract ("Commencement
For providing, performing, and completing all Date").
Work, the Not-To-Exceed Contract Price of
$4,670.00 ($2,505.00 for Fire Alarm 4. Financial Assurance
Inspection and Testing. and $2,165.00 for
Sprinkler Inspection and Testing) A. Bonds. If the total contract cost is $20,000.00 or
more, the Contractor acknowledges and agrees that
TOTAL CONTRACT PRICE (in writing): Contractor shall provide a Performance Bond, on forms
provided by, or otherwise acceptable to, the Village, from
Four Thousand Six Hundred and Seventy a surety company acceptable to the Village, each in the
Dollars Only penal sum of the Contract Price, within 10 days following
the Village's acceptance of this Contract.
B. BASIS FOR DETERMINING PRICES
B. Insurance. Contractor acknowledges and agrees
It is expressly understood and agreed that: that Contractor shall provide certificates of insurance
evidencing the minimum insurance coverages and limits
1. All prices stated in the Schedule of Prices set forth in Exhibit B within 10 days following the
are firm and shall not be subject to Village's acceptance of this Contract. Such policies shall
escalation or change; be in form, and from companies, acceptable to the
Village. The insurance coverages and limits set forth
2. The Village is not subject to state or local Exhibit B shall be deemed to be minimum coverages and
sales, use, and excise taxes, that no such limits and shall not be construed in any way as a
taxes are included in the Schedule of Prices, limitation on Contractor's duty to carry adequate
and that all claim or right to claim any insurance or on Contractor's liability for losses or
additional compensation by reason of the damages under this Contract. The minimum insurance
payment of any such tax is hereby waived coverages and limits that shall be maintained at all
and released; times while providing, performing, or completing the
Work are as set forth in Exhibit B.
3. All other applicable federal, state, and local
taxes of every kind and nature applicable to C. Indemnification. Contractor acknowledges and
the Work are included in the Schedule of agrees that Contractor shall indemnify and save
Prices. harmless the Village, its officers, officials, employees and
volunteers, against all damages, liability, claims, losses,
and expenses (including reasonable attorneys' fee) that
may arise, or be alleged to have arisen, out of
Contractor's performance of, or failure to perform, the
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Work or any part thereof, or any failure to meet the Section 33E-4 of Article 33 of the Criminal Code of 1961,
representations and warranties set forth in Section 6 of 720 ILCS 5/33E-1 et seq.
this Contract.
D. Qualified. Contractor has the requisite
D. Penalties. Contractor acknowledges and agrees experience, ability, capital, facilities, plant, organization,
that Contractor shall be solely liable for any fines or civil and staff to enable Contractor to perform the Work
penalties that are imposed by any governmental or successfully and promptly and to commence and
quasi-governmental agency or body that may arise, or be complete the Work within the Contract Price and
alleged to have arisen, out of or in connection with Contract Time set forth above.
Contractor's performance of, or failure to perform, the
Work or any part thereof. 7. Acknowledgements
5. Firm Proposal In submitting this Contract, Contractor
acknowledges and agrees that:
All prices and other terms stated in this Contract are
firm and shall not be subject to withdrawal, escalation, A. Reliance. The Village is relying on all
or change. warranties, representations, and statements made by
Contractor in this Contract.
6. Contractor's Representations and Warranties
B. Acceptance. If this Contract is accepted,
In order to induce the Village to accept this Contract, Contractor shall be bound by each and every term,
Contractor hereby represents and warrants as follows: condition, or provision contained in this Contract.
A. The Work. The Work, and all of its components, C. Remedies. Each of the rights and remedies
shall strictly conform to the requirements of this reserved to the Village in this Contract shall be
Contract, including, without limitation, the performance cumulative and additional to any other or further
standards set forth in Subsection 1B of this Contract; remedies provided in law or equity or in this Contract.
and shall be fit, sufficient, and suitable for the purposes
expressed in, or reasonably inferred from, this Contract D. Time. Time is of the essence in the performance
and the warranties expressed herein shall be in addition of all terms and provisions of this Contract and, except
to any other warranties expressed or implied by law, where stated otherwise references in this Contract to
which are hereby reserved unto the Village. days shall be construed to refer to calendar days and
time.
B. Compliance with Laws. The Work, and all of its
components, shall be provided, performed, and completed E. No Waiver. No examination, inspection,
in compliance with, and Contractor agrees to be bound investigation, test, measurement, review, determination,
by, all applicable federal, state, and local laws, orders, decision, certificate, or approval by the Village, whether
rules, and regulations, as they may be modified or before or after the Village's acceptance of this Contract;
amended from time to time, including without limitation, nor any information or data supplied by the Village,
if applicable, the Prevailing Wage Act, 820 ILCS whether before or after the Village's acceptance of this
130/0.01 et secl.; any other prevailing wage laws; any Contract; nor any order by the Village for the payment of
statutes requiring preference to laborers of specified money; nor any payment for, or use, possession, or
classes; any statutes prohibiting discrimination because acceptance of, the whole or any part of the Work by the
of, or requiring affirmative action based on, race, creed, Village; nor any extension of time granted by the Village;
color, national origin, age, sex, or other prohibited nor any delay by the Village in exercising any right
classification; and any statutes regarding safety or the under this Contract; nor any other act or omission of the
performance of the Work. Further, Contractor shall Village shall constitute or be deemed to be an acceptance
have a written sexual harassment policy in compliance of any defective, damaged, or nonconforming Work, nor
with Section 2-105 of the Illinois Human Rights Act operate to waive or otherwise diminish the effect of any
during the course of the work. representation or warranty made by Contractor; or of
any requirement or provision of this Contract; or of any
C. Not Barred. Contractor is not barred by law remedy, power, or right of the Village.
from contracting with the Village or with any other unit
of state or local government as a result of (i) a F. Severability. It is hereby expressed to be the
delinquency in the payment of any tax administered by intent of the parties to this Contract that should any
the Illinois Department of Revenue unless Contractor is provision, covenant, agreement, or portion of this
contesting, in accordance with the procedures Contract or its application to any Person or property be
established by the appropriate Revenue Act, its liability held invalid by a court of competent jurisdiction, the
for the tax or the amount of tax, as set forth in 65 ILCS remaining provisions of this Contract and the validity,
5/11-42.1-1; or (ii) a violation of either Section 33E-3 or enforceability, and application to any Person or property
shall not be impaired thereby, but the remaining
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provisions shall be interpreted, applied. and enforced so ascertained by the Department of Labor and made
as to achieve, as near as may be, the purpose and intent available on the Department's Official website, or
of this Contract to the greatest extent permitted by determined by the court on review, shall be paid for each
applicablelaw. craft or type of worker needed to execute this contract or
to perform such work, and it shall be mandatory upon
G. Amendments and Modifications. No amendment the contractor to whom the contract is awarded and upon
or modification to this Contract shall be effective until it any subcontractor under him, to pay not less than the
is reduced to writing and approved and executed by the specified rates to all laborers, workers and mechanics
corporate authorities of the parties in accordance with all employed by them in the execution of this contract.
applicable statutory procedures.
L. Conflicts of Interest. Contractor represents and
H. Assignment. Neither this Contract, nor any certifies that, to the best of its knowledge, (1) no elected
interest herein, shall be assigned or subcontracted, in or appointed Village official, employee or agent has a
whole or in part, by Contractor except upon the prior personal financial interest in the business of the
written consent of the Village. Please see note below. Contractor or in this Agreement, or has personally
received payment or other consideration for this
I. Governing Law; Venue. This Contract shall be Agreement; (2) as of the date of this Agreement, neither
governed by, construed and enforced in accordance with Contractor nor any person employed or associated with
the internal laws, but not the conflicts of laws rules, of Contractor has any interest that would conflict in any
the State of Illinois. Venue for any action arising out of manner or degree with the performance of the
or due to this Contract shall be in the Circuit Court for obligations under this Agreement; and (3) neither
DuPage County, Illinois. Contractor nor any person employed by or associated
with Contractor shall at any time during the term of this
J. Certified Payrolls. Contractor shall, in Agreement obtain or acquire any interest that would
accordance with Section 5 of the Illinois Prevailing Wage conflict in any manner or degree with the performance of
Act. 820 ILCS 130/5, submit to the Village, and upon the obligations under this Agreement.
activation of the database provided by 820 ILLS 130/5. 1
to the Department of Labor, on a monthly basis, a M. Exhibits and Other Agreements. If any conflict
certified payroll. The certified payroll shall consist of a exists between this Agreement and any exhibit attached
complete copy of those records required to be made and hereto or any other Agreement between the parties
kept by the Prevailing Wage Act. The certified payroll relating to this transaction, the terms of this Agreement
shall be accompanied by a statement signed by the shall prevail.
Contractor or subcontractor which certifies that: (1) such
records are true and accurate; (2) the hourly rate paid is N. No Disclosure of Confidential Information by
not less than the general prevailing rate of hourly wages the Consultant. The Consultant acknowledges that it
required by the Prevailing Wage Act; and (3) Contractor shall, in performing the Services for the Village under
or subcontractor is aware that filing a certified payroll
that he or she knows to be false is a Class A this Agreement. have access, or be directly or
misdemeanor. A general contractor may rely upon the indirectly exposed, to Confidential Information. The
certification of a lower tier subcontractor. provided that Consultant shall hold confidential all Confidential
the general contractor does not knowingly rely upon a Information and shall not disclose or use such
subcontractor's false certification. Upon seven business Confidential Information without the express prior
days' notice. Contractor and each subcontractor shall written consent of the Village. The Consultant shall
make available for inspection and copying at a location use reasonable measures at least as strict as those the
within this State during reasonable hours, the records Consultant uses to protect its own confidential
required to be made and kept by the Act to: (i) the information. Such measures shall include, without
Village. its officers and agents; (ii) the Director of Labor limitation, requiring employees and subcontractors of
and his deputies and agents; and (iii) to federal. State. or the Consultant to execute a non-disclosure agreement
local law enforcement agencies and prosecutors. before obtaining access to Confidential Information.
K. Prevailing Wage. Pursuant to Section 4 of the Prevailing Wage .Act is not applicable to Testing Fire Alarni
Illinois Prevailing Wage Act, 820 ILCS 130/4, Contractor Systems and Testing Sprinkler systems. The Prevailing Wage Act
agrees and acknowledges that not less than the does cover any repairs. service or installation work and as such
applicable rate of prevailing of wages, as found or Affiliated Customer Service. Inc. will comply with the
requirements of the Prevailing Wage Act.820 ILCS 1 30'0.01.
H - Assignment - We are using Cybor Fire Protection as a
Subcontractor to testine the sprinkler systems.
4
IN WITNESS WHEREOF tic pantie N'll-1,A(,'E OF OAK BROOK—w llliiiois
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AFFILIATED CU ER SERVICE, INC.
By By
Its. if f
Its pf
EXHIBIT A
(PROPOSAL SUBMITTED FEBRUARY22, 2022)
6
AFFILIATED CUSTOMER SERVICE,INC.
AFFILIATED TECHNOLOGIES,INC. Preventive
Maintenance
AFFILIATED SYSTEMS,INC. Agreement
1441 Branding Ave.,Suite 260 Ari
Downers Grove,IL 60515PHONE:(630)434-7900 1 FAX:(630)434-1333 c .r 1 1 c. Agreement Number: 18211
www.AFFILIATEDINC.com DATE:02/22/2022
info@AFFII,IATEDINC.com jgentile@affiliatedinc.com
FIRE ALARM SYSTEMS * EMERGENCY LIGHTING * FIRE ALARM MONITORING
Effective from Effective to Inspections Please choose the preferred inspection month(s)
Month Day I Year Month I Day I Year Annually JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
03 1 01 12022 02 1 28 12023 1-100%
$2,505.00 Property: Village of Oak Brook
Annually See list of included properties on page 3
INCLUDED COVERAGE:
FIRE ALARM TEST AGREEMENT (STANDARD)
At the convenience of the Customer,Affiliated will schedule the test and inspections of 100%of the Fire Alarm
Equipment listed on the subsequent pages and test the operation of the panel at the scheduled intervals. During the
inspection(s), Affiliated will supply two (2)trained technicians—one(1) field technician and one(1) control panel
auditor. Customer will be provided with immediate documentation of test results and will be notified of any
deficiencies found during the inspection(s). Upon completion of the inspection, formal documentation of test results
will be available for the customer and the local fire department. Service, repair, and replacement are available on a
time and material basis unless otherwise noted. Customer will receive service call priority response over non-contract
customers and access to 24-hour emergency service hotline—365 days a year.
Village of Oak Brook AFFILIATED CUSTOMER SERVICE,INC.
(Customer) (Affiliated)
1200 Oakbrook Rd. 1441 Branding Lane; Suite 260
Oak Brook, IL Downers Grove,IL 60515
Attn: Doug Hroba P: (972)418-5935 P: (630) 434-7900 1 F: (630) 434-1333
E: dhroba@oak-brook.org
Company Representative: Giuseppe Gentile
Sign: Print: Mobile Number: (630) 816-1053
Title: E:jgentile@affiliatedinc.com
Date: P.O.#•
TERMS AND CONDITIONS:
Equipment must be in good working order prior to the effective date of this agreement.Any parts or labor necessary to bring the equipment up to good working order will incur an additional charge. This
agreement does not cover service and parts required due to vandalism,accidents,fire,water,storm,negligence or misuse,power failures,current fluctuations,lightning surges,Daylight Savings changes,
telephone lines,repairs performed by others,repairs to waterflows,sprinklers,and halon systems,electrical wiring,or for any cause external to the equipment. Specification changes,alterations or
attachments may require a change in maintenance charges. When,in Affiliated's opinion,a shop reconditioning or equipment repair is necessary because normal repair and parts replacement cannot keep
the equipment in satisfactory operating condition,Affiliated will submit a cost estimate. Such work,if authorized by the customer,will be in addition to the maintenance charge. Customer is to provide a
ladder,if required.Affiliated shall not be responsible for delays or inability to provide service calls due to,but not limited to,strikes,accidents,embargoes,acts of God or any other event beyond its control.
When applicable,Customer is responsible for the property's fire pump during testing.Affiliated shall not be held responsible for loss of goods or property if not escorted by customer into apartments,condo
units or hotel/motel guest rooms.This agreement will be automatically renewed for successive one-year periods.
THIS AGREEMENT IS SUBJECT TO TERMS AND CONDITIONS PRINTED ON PAGE 1 (FRONT&REVERSE)AND SUBSEQUENT PAGES
QUOTE IS VALID FOR 30 DAYS. PRICES ARE SUBJECT TO CHANGE.
Page 114
AFFILIATED CUSTOMER SERVICE,INC.
AFFILIATED TECHNOLOGIES,INC. PreventiveMaintenance
AFFILIATED SYSTEMS,INC. Agreement
1441 Branding Ave.,Suite 260 A •• �, ED
Downers Grove,IL 60515
PHONE:(630)434-7900 1 FAX:(630)434-1333 C U:e e r sot V l 1 n c. Agreement Number: 18211
www.AFFILIATEDINC.com DATE:02/22/2022
info@AFFILIATEDINC.com jgentile@affiliatedinc.com
FIRE ALARM SYSTEMS EMERGENCY LIGHTING FIRE ALARM MONITORING
Effective from Effective to Inspections Please choose the preferred inspection month(s)
Monthl Day Year Month Day Year Annually JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
03 1 01 12022. 02 1 28 12023 1-100%
Optional Property: Village of Oak Brook
Pricing Below See list of included properties on page 3
ADDITIONAL SERVICES LISTED BELOW TO BE PERFORMED BYSELECT SUB-CONTRACTORS CHOSENBYAFFILIA TED CUSTOMER SERVICE INC.
**FIRE SPRINKLER TEST:
(Initial) • Inspect/test existing wet/dry fire sprinkler system(s) located throughout the ten buildings
listed on page three (3). To include: a visual inspection of required components throughout
accessible areas from ground level.
Proposal includes specific services based on the annual frequency requirements of NFPA 25(2020 ED).All applicable authorities having
jurisdiction should be consulted to verify the annual frequency service satisfies the requirements to ensure a reasonable degree ofprotection.
"This option is available only with the acceptance of the "Fire Alarm Test Agreement" option. For this additional
service option ADD $2,165.00 to the FIRE ALARM TEST AGREEMENT.
(To accept an additional coverage option,please initial.)
Village of Oak Brook AFFILIATED CUSTOMER SERVICE, INC.
(Customer) (Affiliated)
1200 Oakbrook Rd. 1441 Branding Lane; Suite 260
Oak Brook, IL 60523 Downers Grove,IL 60515
Attn: Doug Hroba P: (972)418-5935 P: (630)434-7900 1 F: (630) 434-1333
E: dhroba@oak-brook.org Company Representative: Giuseppe Gentile
Sign: Print: Mobil Number: (630) 816-1053
Title:
Date: P.O.#•
TERMS AND CONDITIONS:
Equipment must be in good working order prior to the effective date of this agreement.Any parts or labor necessary to bring the equipment up to good working order will incur an additional charge. This
agreement does not cover service and parts required due to vandalism,accidents,fire,water,storm,negligence or misuse,power failures,current fluctuations,lightning surges,Daylight Savings changes,
telephone lines,repairs performed by others,repairs to waterflows,sprinklers,and halon systems,electrical wiring,or for any cause external to the equipment. Specification changes,alterations or
attachments may require a change in maintenance charges. When,in Affiliated's opinion,a shop reconditioning or equipment repair is necessary because normal repair and parts replacement cannot keep
the equipment in satisfactory operating condition,Affiliated will submit a cost estimate. Such work,if authorized by the customer,will be in addition to the maintenance charge. Customer is to provide a
ladder,if required.Affiliated shall not be responsible for delays or inability to provide service calls due to,but not limited to,strikes,accidents,embargoes,acts of God or any other event beyond its control.
When applicable,Customer is responsible for the property's fire pump during testing.Affiliated shall not be held responsible for loss of goods or property if not escorted by customer into apartments,condo
units or hotel/motel guest rooms.This agreement will be automatically renewed for successive one-year periods.
THIS AGREEMENT IS SUBJECT TO TERMS AND CONDITIONS PRINTED ON PAGE 1 (FRONT&REVERSE)AND SUBSEQUENT PAGES
QUOTE IS VALID FOR 30 DAYS. PRICES ARE SUBJECT TO CHANGE.
Page 214
AFFILIATED CUSTOMER SERVICE,INC.
AFFILIATED TECHNOLOGIES,INC. Preventive Maintenance
AFFILIATED SYSTEMS,INC. norAgreement
1441 Branding Ave.,Suite 260 aF
Downers Grove,IL 60515
PHONE:(630)434-7900 1 FAX:(630)434-1333 c"" r sr V I I"`. Agreement Number: 18211
www.AFFILIATEDINC.com DATE: 02/22/2022
info@AFFILIATEDINC.com jgentile@affiliatedinc.com
FIRE ALARM SYSTEMS EMERGENCY LIGHTING FIRE ALARM MONITORING
Equipment For:
Village of Oakbrook
1200 Oak Brook Rd.
Oak Brook, IL 60523
t6 h
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Cfi C M u — V ate'+ O
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FireLite *ALL
Public Works 30031orie Blvd MS4424-B 0 1 2 0 0 0 0 0 *ALL 0
Village 1200 Oakbrook FireLite
Hall,FD,PD,. Rd. MS9600 1 *ALL 1 2 0 24 2 6 9 *ALL 0
725 Enterprise
Fire Station 2 Dr. NFW2-100 1 *ALL 1 1 2 0 1 4 0 2 4 *ALL 0
Simplex
Oakbrook Golf 2606 York Rd. 4005 0 *ALL 2 4 0 2 0 0 3 *ALL 1
Golf 810 Oakbrook Firelite
Maintenance Rd. MP12 0 *ALL 1 1 2 0 4 *ALL 0
1112 Oakbrook
Heritage Center Rd. NFW2-100 0 *ALL 1 1 2 1 0 0 1 1 0 1 3 *ALL 0
640 Oakbrook
Salt Barn Rd. NFW-10OX 0 *ALL 0 0 1 1 2 0 3 *ALL 0
700 Oakbrook
Soccer Building Rd. NFW 50 1 *ALL 1 1 1 2 0 0 2 *ALL 0
800 Oakbrook Simplex
Bath and Tennis Rd. 4010 1 *ALL 1 5 1 6 2 6 7 *ALL 1
Oak Brook 600 Oakbrook Simplex
Library Rd. 4005 1 *ALL 1 1 2 0 10 1 1 2 1 5 1ALL 0
*"All"refers to all corresponding devices that Affiliated has knowledge of,exist,are accessible,and are electronically connected to the main
fire alarm system at the location listed above."
Service Policy:
Affiliated shall provide same day fire alarm service at straight time rates for all service requests called in prior to noon on Affiliated normal
business days. Service requests placed after noon will be honored the next business day.Emergency service is available 24/7/365 days
TESTING AND INSPECTIONS:
If the inspector's test valves or main drain valves are inaccessible or conditions are inappropriate,Affiliated will conduct a mechanical test on the water flow switches and refrain from testing the main
drains. Dry systems will be tested by tripping the pressure switch.Affiliated does not provide sprinkler system certifications. All devices listed as Equipment will be tested one(1)time to verify proper
functioning,unless otherwise noted. Duct detectors will be tested via remote test station when available. Heat detectors will be tested in the frequency sited in NFPA 72. An elevator company or a trained
staff member is to assist with testing any devices located in the elevator shafts and with elevator recall. Customer to coordinate with Electric Company and/or elevator company if necessary to complete the
inspection. Customer is to provide access to all areas to be tested or serviced to avoid extra charges. If the Customer delays the service time for any reason or any additional trips are required beyond the
normally scheduled inspection(s),this time may be billable to the customer. To properly test and maintain the fire alarm system,access codes and passwords must be provided to Affiliated prior to the first
service or inspection date.If a lift or ladder is necessary to complete any service or testing,customer is to provide the lift apparatus to Affiliated. Customer to provide building occupants with proper
notification of fire alarm test. Device quantities on the Equipment list are estimated. The agreement price may be adjusted for any substantial deviations between the estimated Equipment quantities listed
and actual quantities. This agreement reflects all testing to be conducted during normal business hours of 8 a.m.-5 p.m.,Monday through Friday,except Holidays,unless otherwise noted. This agreement
does not include any programming of the fire alarm system unless otherwise noted. Any parts included in this agreement will be replaced when the part is deemed by Affiliated as inoperable. Any
requested variations from Affiliated's normal testing procedures might result in an additional charge.
Page 3 14
TERMS&CONDITIONS
NO'EXPRESS OR IMPLIED WARRANTIES
The sole obligation of Affiliated under this Agreement is to inspect and,if authorized,make necessary repairs of the Equipment.Affiliated has not made or authorized any other
person or party to make ANY WARRANTIES,EITHER EXPRESSED OR IMPLIED which would impose upon Affiliated any obligation or liability,other than as expressly set
forth herein,in respect to such warranties.In no event shall Affiliated be responsible for incidental or consequential damages.
RENEWAL
This Agreement will be automatically renewed for successive one-year terms.Affiliated may terminate this Agreement on thirty(30)days prior written notice to the Customer,in
which event Customer shall be given a credit to the extent Customer is entitled to a refund,which credit may be transferred to another prospective customer if written notice of the
transfer is served on Affiliated within one hundred eighty(180)days after the termination date.Customer may terminate this Agreement before the expiration date on thirty(30)
days prior written notice by paying in full all accrued charges and twenty(20%)percent of charges payable during the remainder of the term.Any waiver of the termination fee
must be in writing and signed by an officer of Affiliated.
FEE
Payment Terms are advanced payment or Net ten(10)days where satisfactory OPEN CREDIT IS ESTABLISHED.Affiliated reserves the right to revoke or modify any credit at
its sole discretion.Delivery is F.O.B.factory.Further,in the event payment is not received according to terms,Affiliated may at its discretion,assess interest at the maximum rate
allowed by law or at the rate of 1.5%per month,whichever is less.Customer also agrees to pay all costs incurred by Affiliated in pursuit of payment which is past due including,
but not limited to,collection agency commissions and attorneys fees.
The billing for an extension period fee will be rendered to Customer in advance of expiration of the current term.There shall be added to all charges any taxes based on such
charges,the service rendered or parts supplied pursuant hereto.Affiliated shall have the right to modify the charges of the Agreement at any time or times after the expiration of
the first year from the effective date of this Agreement.If the Customer is unwilling to pay any such increase and notifies Affiliated in writing at least thirty(30)days prior to the
effective date of such increase,Affiliated shall be permitted,at its sole option,to terminate this Agreement as if the term had expired.Failure to notify Affiliated in writing at least
thirty(30)days prior to the effective date of increase will constitute Customer's consent to the increase and all of the other terms and conditions of this Agreement shall remain in
full force and effect.
DEFAULT
If Customer does not pay the fees or charges due hereunder or any additional charges:Affiliated may(a)refuse to continue the services provided for herein or(b)furnish service
only on a C.O.D."Per Call"basis.Customer shall pay the full amount of all charges,together with reasonable attorney or collection fees,if placed in the hands of an attorney or
collection agency for collection.
LIMITATION OF LIABILITY
Affiliated or its agents,assigns,employees,or independent contractors providing portions of service for the Customer,all hereinafter referred to as"Others",is not an insurer;but
insurance,if any,shall be obtained by the Customer.Payments provided for herein are based solely on the value of the service and parts as set forth herein and are unrelated to the
value of the Customer's property or the property of others located on Customer's premises.Affiliated and Others make no guarantee or warranty,including any implied warranty
of merchantability or fitness that the equipment or services supplied will avert or prevent occurrences or the consequences there from which the service is designed to detect or
avert.Affiliated is not responsible for the actions of any subcontractor.It is agreed that Affiliated assumes no responsibility for any and all liability,loss,claims,demands,suits,
costs,fees and expenses due to the actions of the subcontractor(s),subcontractor's consultants,employees or suppliers including but not limited to any loss or damage resulting
from the testing,flushing or use of an existing sprinkler system.If Affiliated or Others should be found liable for personal injury or property loss or damage due from a failure of
Affiliated or Others to perform any of the obligations herein,including but limited to repair service or the failure of the Equipment in any respect whatsoever,Affiliated or Others'
liability shall be limited to a sum equal to fifty(50%)percent of the Agreement total price or Two Hundred Fifty($250.00)Dollars,whichever is the greater,and this liability shall
be exclusive.The provision of this paragraph shall apply if loss or damage,irrespective of cause or origin,results directly or indirectly to persons or property,from performance or
nonperformance of the obligations imposed by the Agreement,or from negligence,active or otherwise,except from sole negligence of Affiliated or Others.
INSURANCE
Customer grants permission to Affiliated to enter upon its premises to perform the service to the Equipment as agreed herein.In return,Affiliated shall maintain workmen's
compensation insurance and liability insurance in full force and effect.A certificate of insurance will be provided to Customer upon request.If the Customer requests additional
coverage beyond Affiliated's standard Insurance Program,the Customer will pay the additional premium directly to Affiliated.For example,additional Insured for General
Liability on"Primary/Non-Contributing Basis"is$100.00,Waiver of Subrogation for General Liability is$100.00;and Waiver of Subrogation for Workers'Compensation is
subject to a Minimum of$250.00 and can be higher depending on the size of the contract.hr no event shall Affiliated be liable to indemnify Customer for damage or injury to
person or property caused by or resulting from negligence of Customer,its agents or employees.Customer agrees to and shall indemnify,save,defend and hold harmless Affiliated
and Others from and against all claims brought by parties other than the parties to this Agreement.This provision shall apply to all claims regardless of cause,including Affiliated
or Others'performance or failure to perform and including defects in products,design,repair service,operation or non-operation of the Equipment,whether based upon
negligence,active or passive,express or implied contract or warranty,contribution or indemnification or product liability,on the part of Affiliated or Others;but this provision
shall not apply to claims for loss or damage solely and directly caused by or due to the sole negligence of an employee of Affiliated or Others while on Customer's premises.
EMERGENCY FIELD SERVICE DOES NOT INCLUDE:
Service and parts required due to vandalism,accidents,fire,water,storm,negligence or misuse,power failure,current fluctuations,lightning surges,Daylight Savings changes,
telephone lines,repairs performed by others,repairs to water flows,sprinklers,and halon systems,electrical wiring,or for any cause external to the Equipment.Specification
changes,alterations or attachments may require a change in maintenance charges.
EQUIPMENT
All Equipment to be inspected,tested,or serviced in accord with the terms and conditions of the Preventive Maintenance Agreement must be listed.Any equipment not so listed
will not be inspected,tested,or serviced by Affiliated,nor is Affiliated responsible in any manner for equipment not listed.If the Customer desires Affiliated to inspect,test,or
service equipment not listed,Affiliated will do so under a separate agreement and Customer will be billed at Affiliated's then prevailing rates or in accord with a written cost
estimate supplied by Affiliated.Customer does hereby release,indemnify and hold harmless Contractor,its agents,servants,officers and directors from any claim,claim of lost
valuables of any sort,cause of action or liability,suit or damage arising from or associated with in any manner,by operating the elevator or using the elevator controller for testing,
servicing and/or maintaining the fire alarm system.Customer hereby releases and discharges Affiliated from any liability for damages or expenses of the property's peripheral
equipment and bear all risks of loss or damage thereto,by whatever cause inflicted claimed to be caused during the course of our inspection including but not limited to;the HVAC
units for shut down,breaker box shunt,fire and jockey pumps,elevator,and various electric equipment.Panel replacement does not include equipment or labor under the full
service agreement.
GENERAL
Affiliated shall not be responsible for delays or its inability to provide service calls due to,but not limited to,strikes,accidents,embargoes,acts of God or any other event beyond
its control.This Agreement constitutes the entire contract between Affiliated and Customer with respect to service of the Equipment and no representation or statement not
expressed herein shall be binding on Affiliated.In the event that any provision of this Agreement is found to be unenforceable,all other terms shall remain in full force and effect.
It is understood and agreed that if there is any conflict between this Agreement and Customer's purchase order,or any other document,this Agreement will govern,whether such
purchase order or other document is executed prior or subsequent to the Agreement.This Agreement is not assignable by the Customer unless such assignment shall be consented
to in writing by Affiliated.In the event of an emergency or system failure,reasonable safety precautions will be taken by Customer to protect life and property during the period of
time of the emergency or failure until such time as Affiliated notifies the Customer that the system is operational or the emergency has been cleared.This agreement does not
include any annual fees required by the Customer including but not limited to compliance or contract management fees.This Agreement shall be binding and inure to the benefit of
Affiliated,the Customer,and their respective managements and their successors and permitted assigns.This agreement does not include any permit fees required or that may
become required.
EXHIBIT 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 that may arise from or in
connection with the performance of the work under the contract or permit, by either 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 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.
Any deductibles or self-insured retention must be declared to and approved by the Village.
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.
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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.
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