Police and PW Calibration Srvs.of Carbon Monoxide and Nitrogen Dioxide Monitoring Systems VILLAGE OF OAK BROOK
CONTRACT FOR
POLICE AND PUBLIC WORKS CALIBRATION SERVICES OF CARBON MONOXIDE AND NITROGEN
DIOXIDE MONITORING SYSTEMS
Full Name of Contractor:Arco Mechanical Equipment Sales Co. ("Contractor")
Principal Office Address: 1000 Industrial Drive, Unit 1C, Bensenville, Illinois 60106
Contact Person: Kathy Clauson Telephone Number: (630)350-1770
TO: Village of Oak Brook("Village")
1200 Oak Brook Road
Oak Brook, Illinois
Attention: Rick Valent, Public Works Director
Contractor warrants and represents that Contractor has
carefully examined the Work Site 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
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, 5. Miscellaneous. Do all other things required
all of which is herein referred to as the"Work": of Contractor by this Contract; and
1. Labor, Equipment, Materials, and Supplies. 6. Qualit . Provide, perform, and complete all
Provide, perform, and complete, in the of the foregoing in a proper and workmanlike
manner specified and described in this manner, consistent with the standards of
Contract, all necessary work, labor, services, recognized professional firms in performing
transportation, equipment, materials, Work of a similar nature, in full compliance
supplies, information, data, and other means with, and as required by or pursuant, to this
and items necessary for the Police and Contract, and with the greatest economy,
Public Works Calibration Services of Carbon efficiency, and expedition consistent
Monoxide and Nitrogen Dioxide Monitoring therewith, with only new, undamaged, and
Systems , as specified in Exhibit A, attached first quality equipment, materials, and
hereto, in Oak Brook, Illinois 60523 ("Work supplies.
Site");
B. Performance Standards. Contractor
2. Permits. The Village will furnish all acknowledges and agrees that all Work shall be fully
permits, licenses, and other governmental provided, performed, and completed in accordance with
approvals and authorizations necessary in Proposal dated October 4, 2022, attached hereto as
connection therewith; Exhibit A.
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
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 All payments may be subject to deduction or set
judgment, defective or damaged or that in any way fails off by reason of any failure of Contractor to
to conform strictly to the requirements of this Contract perform under this Contract. Each payment
and the Village, without limiting its other rights or shall include Contractor's certification of the
remedies, may require correction or replacement at value of, and partial or final waivers of lien
Contractor's cost, perform or have performed all Work covering, all Work for which payment is then
necessary to complete or correct all or any part of the requested and Contractor's certification that all
Work that is defective, damaged, or nonconforming and prior payments have been properly applied to
charge Contractor with any excess cost incurred thereby, the payment or reimbursement of the costs with
or cancel all or any part of any order or this Contract. respect to which they were paid.
Work so rejected may be returned or held at Contractor's
expense and risk. 3. Contract Time
2. Contract Price Contractor acknowledges and agrees that Contractor
shall commence the Work within 15 days (weather
Contractor acknowledges and agrees that Contractor permitting) following the Village's acceptance of this
shall take in full payment for all Work and other matters Contract provided Contractor shall have furnished to the
set forth under Section 1 above, including overhead and Village all bonds and all insurance certificates specified
profit; taxes, contributions, and premiums; and in this Contract ("Commencement Date"). Contractor
compensation to all subcontractors and suppliers, the further acknowledges and agrees that Contractor shall
compensation set forth below. perform the Work diligently and continuously and shall
complete the Work not later than December 31, of each
A. SCHEDULE OF PRICES year in 2022, 2023, and 2024 ("Time of
Performance"). The Village may modify the Time of
For providing, performing, and completing all Performance at any time upon 15 days prior written
Work, the total Contract Price of $3,240.00 notice to the Contractor. Delays caused by the Village
($1,080.00 for each year 2022, 2023, and shall extend the Time of Performance; provided,
2024) however, that Contractor shall be responsible for
completion of all Work within the Time of Performance,
TOTAL CONTRACT PRICE (in writing): notwithstanding any strike or other work stoppage by
employees of either Contractor or of the Village.
Three Thousand Two Hundred and Forty
Dollars Only 4. Financial Assurance
B. BASIS FOR DETERMINING PRICES A. Bonds. If the total contract cost is $20,000.00 or
more, the Contractor acknowledges and agrees that
It is expressly understood and agreed that: Contractor shall provide a Performance Bond, on forms
provided by, or otherwise acceptable to, the Village, from
1. All prices stated in the Schedule of Prices a surety company acceptable to the Village, each in the
are firm and shall not be subject to penal sum of the Contract Price, within 10 days following
escalation or change; the Village's acceptance of this Contract.
2. The Village is not subject to state or local B. Insurance. Contractor acknowledges and agrees
sales, use, and excise taxes, that no such that Contractor shall provide certificates of insurance
taxes are included in the Schedule of Prices, evidencing the minimum insurance coverages and limits
and that all claim or right to claim any set forth in Exhibit B within 10 days following the
additional compensation by reason of the Village's acceptance of this Contract. Such policies shall
payment of any such tax is hereby waived be in form, and from companies, acceptable to the
and released; Village. The insurance coverages and limits set forth
Exhibit B shall be deemed to be minimum coverages and
3. All other applicable federal, state, and local limits and shall not be construed in any way as a
taxes of every kind and nature applicable to limitation on Contractor's duty to carry adequate
the Work are included in the Schedule of insurance or on Contractor's liability for losses or
Prices. damages under this Contract. The minimum insurance
coverages and limits that shall be maintained at all
C. TIME OF PAYMENT times while providing, performing, or completing the
Work are as set forth in Exhibit B.
It is expressly understood and agreed that the
Village shall make final payment upon C. Indemnification. Contractor acknowledges and
completion of the work and final approval. agrees that Contractor shall indemnify and save
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harmless the Village its officers, officials, employees and established by the appropriate Revenue Act, its liability
volunteers, against all damages, liability, claims, losses, for the tax or the amount of tax, as set forth in 65 ILCS
and expenses (including attorneys' fee)that may arise, or 5/11-42.1-1; or (ii) a violation of either Section 33E-3 or
be alleged to have arisen, out of or in connection with Section 33E-4 of Article 33 of the Criminal Code of 1961,
Contractor's performance of, or failure to perform, the 720 ILCS 5/33E-1 et seq.
Work or any part thereof, or any failure to meet the
representations and warranties set forth in Section 6 of D. Qualified. Contractor has the requisite
this Contract. experience, ability, capital, facilities, plant, organization,
and staff to enable Contractor to perform the Work
C. Penalties. Contractor acknowledges and agrees successfully and promptly and to commence and
that Contractor shall be solely liable for any fines or civil complete the Work within the Contract Price and
penalties that are imposed by any governmental or Contract Time set forth above.
quasi-governmental agency or body that may arise, or be
alleged to have arisen, out of or in connection with 7. Acknowledgements
Contractor's performance of, or failure to perform, the
Work or any part thereof. In submitting this Contract, Contractor
acknowledges and agrees that:
5. Firm Proposal
A. Reliance. The Village is relying on all
All prices and other terms stated in this Contract are warranties, representations, and statements made by
firm and shall not be subject to withdrawal, escalation, Contractor in this Contract.
or change.
B. Acceptance. If this Contract is accepted,
6. Contractor's Representations and Warranties Contractor shall be bound by each and every term,
condition, or provision contained in this Contract.
In order to induce the Village to accept this Contract,
Contractor hereby represents and warrants as follows: C. Remedies. Each of the rights and remedies
reserved to the Village in this Contract shall be
A. The Work. The Work, and all of its components, cumulative and additional to any other or further
shall strictly conform to the requirements of this remedies provided in law or equity or in this Contract.
Contract, including, without limitation, the performance
standards set forth in Subsection 113 of this Contract; D. Time. Time is of the essence in the performance
and shall be fit, sufficient, and suitable for the purposes of all terms and provisions of this Contract and, except
expressed in, or reasonably inferred from, this Contract where stated otherwise references in this Contract to
and the warranties expressed herein shall be in addition days shall be construed to refer to calendar days and
to any other warranties expressed or implied by law, time.
which are hereby reserved unto the Village.
E. No Waiver. No examination, inspection,
B. Compliance with Laws. The Work, and all of its investigation, test, measurement, review, determination,
components, shall be provided, performed, and completed decision, certificate, or approval by the Village, whether
in compliance with, and Contractor agrees to be bound before or after the Village's acceptance of this Contract;
by, all applicable federal, state, and local laws, orders, nor any information or data supplied by the Village,
rules, and regulations, as they may be modified or whether before or after the Village's acceptance of this
amended from time to time, including without limitation, Contract; nor any order by the Village for the payment of
if applicable, the Prevailing Wage Act, 820 ILCS money; nor any payment for, or use, possession, or
130/0.01 et seq.; any other prevailing wage laws; any acceptance of, the whole or any part of the Work by the
statutes requiring preference to laborers of specified Village; nor any extension of time granted by the Village;
classes; any statutes prohibiting discrimination because nor any delay by the Village in exercising any right
of, or requiring affirmative action based on, race, creed, under this Contract; nor any other act or omission of the
color, national origin, age, sex, or other prohibited Village shall constitute or be deemed to be an acceptance
classification; and any statutes regarding safety or the of any defective, damaged, or nonconforming Work, nor
performance of the Work. Further, Contractor shall operate to waive or otherwise diminish the effect of any
have a written sexual harassment policy in compliance representation or warranty made by Contractor; or of
with Section 2-105 of the Illinois Human Rights Act any requirement or provision of this Contract; or of any
during the course of the work. remedy, power, or right of the Village.
C. Not Barred. Contractor is not barred by law F. Severability. It is hereby expressed to be the
from contracting with the Village or with any other unit intent of the parties to this Contract that should any
of state or local government as a result of (i) a provision, covenant, agreement, or portion of this
delinquency in the payment of any tax administered by Contract or its application to any Person or property be
the Illinois Department of Revenue unless Contractor is held invalid by a court of competent jurisdiction, the
contesting, in accordance with the procedures remaining provisions of this Contract and the validity,
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enforceability, and application to any Person or property ascertained by the Department of Labor and made
shall not be impaired thereby, but the remaining available on the Department's Official website, or
provisions shall be interpreted, applied, and enforced so determined by the court on review, shall be paid for each
as to achieve, as near as may be, the purpose and intent craft or type of worker needed to execute this contract or
of this Contract to the greatest extent permitted by to perform such work, and it shall be mandatory upon
applicable law. the contractor to whom the contract is awarded and upon
any subcontractor under him, to pay not less than the
G. Amendments and Modifications. No amendment specified rates to all laborers, workers and mechanics
or modification to this Contract shall be effective until it employed by them in the execution of this contract.
is reduced to writing and approved and executed by the
corporate authorities of the parties in accordance with all L. Conflicts of Interest. Contractor represents and
applicable statutory procedures. certifies that, to the best of its knowledge, (1) no elected
or appointed Village official, employee or agent has a
H. Assignment. Neither this Contract, nor any personal financial interest in the business of the
interest herein, shall be assigned or subcontracted, in Contractor or in this Agreement, or has personally
whole or in part, by Contractor except upon the prior received payment or other consideration for this
written consent of the Village. Agreement; (2) as of the date of this Agreement, neither
Contractor nor any person employed or associated with
I. Governing Law; Venue. This Contract shall be Contractor has any interest that would conflict in any
governed by, construed and enforced in accordance with manner or degree with the performance of the
the internal laws, but not the conflicts of laws rules, of obligations under this Agreement; and (3) neither
the State of Illinois. Venue for any action arising out of Contractor nor any person employed by or associated
or due to this Contract shall be in the Circuit Court for with Contractor shall at any time during the term of this
DuPage County, Illinois. Agreement obtain or acquire any interest that would
conflict in any manner or degree with the performance of
J. Certified Payrolls. Contractor shall, in the obligations under this Agreement.
accordance with Section 5 of the Illinois Prevailing Wage
Act, 820 ILCS 130/5, submit to the Department of Labor M. Exhibits and Other Agreements. If any conflict
on a monthly basis, a certified payroll. The certified exists between this Agreement and any exhibit attached
payroll shall consist of a complete copy of those records hereto or any other Agreement between the parties
required to be made and kept by the Prevailing Wage relating to this transaction, the terms of this Agreement
Act. The certified payroll shall be accompanied by a shall prevail.
statement signed by the Contractor or subcontractor
which certifies that: (1) such records are true and N. No Disclosure of Confidential Information by
accurate; (2) the hourly rate paid is not less than the the Consultant. The Consultant acknowledges that it
general prevailing rate of hourly wages required by the shall, in performing the Services for the Village under
Prevailing Wage Act; and(3) Contractor or subcontractor this Agreement, have access, or be directly or
is aware that filing a certified payroll that he or she indirectly exposed, to Confidential Information. The
knows to be false is a Class A misdemeanor. A general
contractor may rely upon the certification of a lower tier Consultant shall hold confidential all Confidential
subcontractor, provided that the general contractor does Information and shall not disclose or use such
not knowingly rely upon a subcontractor's false Confidential Information without the express prior
certification. Upon seven business days' notice, written consent of the Village. The Consultant shall
Contractor and each subcontractor shall make available use reasonable measures at least as strict as those the
for inspection and copying at a location within this State Consultant uses to protect its own confidential
during reasonable hours, the records required to be made information. Such measures shall include, without
and kept by the Act to: (i) the Village, its officers and limitation, requiring employees and subcontractors of
agents; (ii) the Director of Labor and his deputies and the Consultant to execute a non-disclosure agreement
agents; and (iii) to federal, State, or local law before obtaining access to Confidential Information.
enforcement agencies and prosecutors.
K. Prevailing Wage. Pursuant to Section 4 of the
Illinois Prevailing Wage Act, 820 ILCS 130/4, Contractor
agrees and acknowledges that not less than the
applicable rate of prevailing of wages, as found or
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IN WITNESS WHEREOF the parties hereto XqLLAGE OF OAK BROOK, an Illinois
have caused his A reement to be executed, municipal corporation
effective on �, 2022.
}
By:
Village Clerk VillaA Manager
ARCO MECHANICAL EQUIPMENT
ATTEST: SALES CO.
Its: U Its:
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EXHIBIT A
(PROPOSAL DATED OCTOBER 4, 2022)
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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, which 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 combined single limit per occurrence for bodily injury, personal injury and
property damage;
B. Automobile Liability (if applicable) - $1,000,000 combined single limit per accident for bodily injury and
property damage;
C. Worker's Compensation and Employer's Liability- Worker's Compensation limits as required by the Labor
Code of the State of Illinois and Employer's Liability limits of$1,000,000 per accident.
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,
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volunteers and agents for losses arising from work performed by the insured for the Village.
Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled by either
party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail has
been given to the Village. Each insurance policy shall name the Village, its officers, officials and employees,
volunteers and agents as additional Insureds. Insurance is to be placed with insurers with a Best's rating of no
less than A: VII.
Each Insured shall furnish the Village with certificates of insurance and with original endorsements effecting
coverage required by this provision. The certificate and endorsements for each insurance policy are to be signed
by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to
be on forms approved by the Village and shall be subject to approval by the Village Attorney before work
commences. The Village reserves the right to require complete,certified copies of all required insurance policies,
at any time.
Each insured shall include all subcontractors as insureds under its policies or shall furnish separate certificates
and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
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ARCO Mechanical Equipment Sales
10001ndustrial Dr. Unit 1C
4FARCO
Bensenville, IL 60106
Mechanical Equipment Sales 630-350-1770 fax 0315
Kathy.clauson@arcomech.com
October 4,2022
Doug Hroba
Fleet&Facilities Supervisor
Village of Oak Brook
Via email: dhroba@oak-brook.org
Re: Gas Detection Services,Three Year Service Agreement
The following is a proposal for calibration service of the carbon monoxide and nitrogen dioxide monitoring
system. This equipment is a critical life safety device and it is important that it be maintained for OHSA
compliance purposes and safety of all that occupy the building.Over time,the carbon monoxide and nitrogen
dioxide sensors drift out of calibration. Per OHSA guidelines,the maximum permissible limit is 50 ppm
CO and 3 ppm NO.
The health risk of most concern is exposure to low levels of emissions over long periods of time. The toxins
build up in the body causing numerous health issues including: shortness of breath;headaches;irritability;
disturbed judgment;memory loss;fatigue,etc.
Service includes:
• Calibration of the sensors using laboratory analyzed calibration gas;
• Operation and maintenance inspection of control units,sensors,alarms,dampers,and exhaust
fans;
• Verification of the interlocked ventilation system;
• Written report confirming proper function of the system.
Price to perform PW calibration service as described above,per year,2022,2023 and 2024 $715.00
Price to perform Police calibration,per year,2022,2023 and 2024 $365.00
Please call or email with any questions or if you require additional background. I look forward to hearing
from you soon.
Thank you,
Kathy Clauson
ARCO Mechanical Equipment Sales Co.
630-350-1770 x300
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Proposal to calibrate the sensors as described above.Accepted by:
Signature: Date:
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