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Library HVAC Maintenance AgreementVILLAGE OF OAK BROOK PROFESSIONAL SERVICES AGREEMENT This AGREEMENT is dated as of the, day of _)✓:=C�. , '_017 ("Agreement"). and is by and between the VILLAGE. OF OAK BROOK. 1200 Oak Brook Road, Oak Brook, Illinois, 60523 an Illinois municipal corporation (,,village"), and CONTROLLED FNVIRONMENTAL SYSTEMS. INC'., 16308 S. 107'" .Avenue. Suite 12, Orland Park. Illinois 60967.8887 1"Consultanf ). IN CONSIDERATION OF the recitals and the mutual covenants and agreements set forth in the Agreement. and pursuant to the Village s statutor% 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 Agreemem: Oak BrooA Public Library HV,9C Preventative .Ifaintenance .agreement 717/2017-613012018 SECTION 2. TIME OF PERFORMANCE. The Cansuitam shall perform the Services as mutually agreed upon bs the V illage and Consultant ("Time of Per/ormonce" i. SECTION 3. COMPENSATION. A. Aereement Amount. The total amount billed by the Consultant for the Services under this Agreement shall not exceed $9,800.00, including reimbursable expenses. without the prior express written authorization of the Village Manager B. Taxes. Benefits. and Rovalties. Each payment by the Village to the Consultant includes all applicable federal, state. and Village taxes of every kind and nature applicable to the Services as well as all taxes. connibunons. and premiums for unempin}ntcnt insurance, old age or retirement benefits, pensions, annuities. or similar benefits and all costs, royalties, and fees arising from the use ol: 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 am such tax, contribution. premium, costs: royalties. or fees is hereby waived and released by Consultant. SECTION 9. REPRESENTATIONS OF CONSULTANT. l he Consultant represents and certifies that the Services shall be performed in accordance with the standards of professional practice. care, and diligence practiced by recognized consultants in performine services of a similar nature in existence at the I'line of Penormance 'I he representations and certifications 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 woo the Village. The Consultant further represents that it is financially solvent, has the necessary financial resources. and is sufficient)v 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. The 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 pan thereof, or any failure to meet the representations and certifications set forth in Section 9 of this Agreement. B. Insurance. The Consultant acknowledges and agrees that the Consultant shall, and has a duty to, maintain adequate insurance, in an amount, and in a form 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 of 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 of the Parties. The Consultant ;hall 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. #0 partners, or joint venturers between the Village and Consultant: or (2) to create anv relationship between the Village and anv subcontractor of the Contractor. B. Connicts of Interest. The Consultant represents and certifies that. to the bes! of its knowledge: (1) no Village 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 anv 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 (3) neither the Consultant nor any person employed by or associated with the Consultant 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 obliewinns under this Agreement. V C. No Collusion. The Consultant represents and certifies that the Consultant is not barred from contracting with a unit of state or local government as a result of (1) a delinquency in the payment of any tax administered by the Illinois Department of Revenue unless the Consultant is contesting, in accordance with the procedures established by the appropriate revenue act, its liability for the tax or the amount of the tax. as set forth in Section 11-12.1.1 et .seq. of the Illinois Municipal Code, 65 ILCS 5.11-42.1-1 ei sey.: or (2) a violation of either Section 33F-3 or Section 33E-4 of Article 33E of the Criminal Code of 1961, 720 ILCS 5;331-1 et seq If at any rune 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 am time upon 15 days prior written notice to the Consultant. In the event that this Agreement is so terminated. the Consultant shall be paid for Services actually performed and reimbursable expenses actually incurred. if any, prior to termination, not exceeding the value of the Services completed, E. Compliance 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 aurhori7ations that may be required in connection with prm Win& 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 du business, any statutes prohibiting discrimination because of or requiring affirmative 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 er.wg_ and the Illinois Human Rights Act, 775 ILCS 511-101 el seq. Consultant shall also comply with ail conditions of any 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 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 Consuhant's, or its subcontractors. performance of, or failure to perform, the Services or anv part thereof. Every provision of law required by law to be inserted into this 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 fill compliance with the requirements of this Agreement, or has otherwise failed, refused, or delayed to perform or satisfy the Services or anv other requirement of this Agreement ("Event of Default"). and fails to cure any such Event of Default within ten business days after the Consultant's receipt of written 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 (l) terminate this .Agreement without liability for further payment: or (2) withhold from an payment or recover from the Consultant. am and all costs. including attomeys' 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. This Agreement may not be assigned by the Village or by the Consultant without the prior wralen consent of the other party. H. Notice. All notices required or permitted to be given under this Agreement shall be in writing and shall be delivered: (I I personally; (2) by a reputable overnight courier; or by (3) b) certified 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 atter 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`s Avenue. Suite 12 Orland Park. Illinois 60467-8887 Attention: Chris Simodis 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 m time The failure of :he Village or the Consultant to exercise at any time any such rights shall not be deemed or construed as a waiver of that right. nor shall the failure void or aft"ect the Village's or the C'onsultant's right to enforce such rights or any other nghn. J. Third Partv Beneficiary. No claim as a third party 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 any term or provision of an attachment or exhibit to this Agreement, the terms and provisions of this Agreement shall control. L. Governing Laws This Agreement and the rights of Owner and Consultant under this Agreement shall be interpreted according to the intemal laws, but not the conflict of laws rules, of the State of Illinois; the venue for anv legal action arising in connection with this Agreement shall be in the Circuit Court of DuPage County. Illinois. M. No Disclosure of Confidentiai 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 or indirectly exposed. to Confidential Information. The Consultant shall hold confidential all Confidential Information and shall not disclose Of 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 ATTEST: VIL AK B By By: Charlotte Pruss, Village Clem recardo F. Ginex. Village Munager ATTEST: I Title f lj 41136337% I CONTROLLED F.NVORONMEN"ST By: Its. LL 1_C CONTROLLED IOM S In7 Avenue. Suilc C - Orland Park, llhnoi� 60467-8887 ENVIRONMENTAL T eiuphone. 0081 n(,o-6:}: • {aa, 1708)460-077 SYSTEMS, INC. MAINTENANCE AGREEMENT SCHEDULE 1 — PREVENTIVE MAINTENANCE: Includes provisions under Schedule 1, Page'_. Cost is S 9800.00 per Year PURCHASER: NAME: Village of Oak Brook Oak Brook Library ADDRESS: 600 Oak Brook Drive Oak Brook, IL 60523 PHONE: 630-368-7700 Ph RSON IN CHAR6P.: Daug Putchm Tule Village Manager Contracr Date "117.611 -IM Page I E:j SCHEDULEI PREVENTIV@ MAINTENANCE PERFORM THE FOLLOWING SERVICES: EVAPORATOR YES Check coil condition NO FAN d FAN DRIVES YES NO Check drip pan d drain condition -- x -- Check tan d motor bearings x earings - x Check condensate drams Check motor housing d commutators c _ x Inspect for refigerant leeks —X-- ----""' Check belt condition 8 tension % --- x - - - Check drives d pulley for tightness —" CONDENSER -WATER COOLED d alignment Open disconnect switch, inspect fuses --- Chadc water regulating valve x Oil motors -'-- _ Check for nOntontlensables in system - _x % - - % _..__ Check for scatting or corrosion condilbn COO LING TOWER _ Check condition of all Amer water valves Crain water lines, pump, x ---condition COO neral of tower Condenser and/or _ condition of water pan x tower to prevent freezing eezing in winter - x _ Check Anal valve operation -" % "- geanwater feeders -"""--- x_ Check pump d motor bearings x-- .%.. Clean strainers Rod contlenser --- x Check fan motor or spinner -x" —. x_ Check Neei CO AIR COOLED Include wale, treatment --- x "---x- Cheek condenser CheckLVrltlerlsertoilCOntlifipn x- Chemical cleaning of toners - --- - -._%_ Pressure wash condenser l._.. HEATING COMPRESSOR Check burner condition x Check general operation d wntliaon Cneck heal exchanger condition _ x --.. x Check oil pump operation d oil level Check heating'coll condition y -- _ _ _ Check head pressure d suction pressure x _ Check gas input or oil pressure per " Check rouse d vibration - -- _ fannies instructions x Make PUMP down capacity Check - F--" ---- Check fisme adjustment x Check fan d limn switch Operation x -- REFRIGERANT CIRCUIT ---- Cheek all valves x -_ -- Check system for oil d refrigerant leaks D Check condition of steam haps x Y inspection d by torch test x Clean pial and main burner_x - Checkvisual Check oil supply d refrigerant charge per CONTROLS aeMtp ration UOns Ip equirant eantr x Check Operation Of rection. nl Controls Check thennostal,operation x x '.heck msulatir viDrelipm, noise • _ Check operation of starter Check operation o1 relays snvi aawe ae4.romem eon-c»�n➢aean_gMMiEop C hee k operation of pressure witch ----- "%--- pump down of refrigerant Charge, if req. x Adjust controls including fuses x -' -, x Check wiring frdn disconnect switch t0 - unit _ FILTERS OPTIONAL EQUIPMENT Change filters 4x a year x Humidifier - Check d adjust x Filters Provided by Village T - - _--""- Condensate pump - check d adjust .-"-- Fan Belts YES INSPECTIONS: - Cnan ebeltp_-1 __-_._--__ -'- g - Eorr x Number o1 inspections: 4 per year - - -- Belts supplied by Village - Scheduled as fellows: Summer, Fall, Winter 8 Spring LABOR RATE: Labor will W invoiced at 5 132.00 per man hour. Overtime win be one and one-half times this rate. Holidays are Double the normal hourly rate. Normal hours are Monday through Friday from 700 AM Page 2 to 3:30 PM. THE PURCHASER AGREES: 1 To accept the ludgmcm of Sutler as m the host means and methods Io be anployad ler any his k nrn'tttis r wok ntcexs'ary, heauce of ta'hmwl nawiedge and eapertame in service and repair matter. ?. That any alhxatton;, additions, adiustments or repairs made by others, unless all obbll u - s of Seller. authorized by the Sellcr, will release and larmainan That s. Pan it this sen lee agreemem. the Seller hall not be required ,, furnml, any items of inputem w nyuirtA by insurance enmpanirs. (iavenmrnl. Slate. Municipal or otherauthorities, unless paid karr by punhashach moy rmommrnAeol nr 3 That the Seller shall rat he ge Add t le rcmmr or rcplsr or shoo any pan afthe building vnuY lurr in doe penbnnante ofthis agnsment ,.r m make enc amaction m dtsrgr: and nr engmerrrng of the eytnpmenr or installation. 5 1 hat the podoer Or almPmon hated In this agrecmrnl a bang 3cetptal wpb (tie undersrarding that the N,,pmenl rd in good operating eon litton. Should any rupmcs he Pound naurssary upon star UP, initial insPeetinns. a charge will he made Ibr these repairs, governed by the MCM11n9 lahor and ..ural ^ In pry extra for the rcpl:¢emeal of rOd , worm coOhxl retiewer. or hermetic staled units not coi xl ho manufacturer s wamarlty and deemed heptad repan to judgment o! Sell,, I.ahnr and mammal to install norm will be furnished by Sellcr In the Pumha.ur at prevading prices. II' mdertals etc mused by -mourn, then Pumhasvr agrees u. pay Seller 101 1361, and natarials n.<essury m replace said defernve w3rramv eyutpmenl I Ill INC 1I her s wink model this contract IunI Oss spatlflcaIIy written han:m will opal tn:lude ghmnm, hardware nr glass ductwork, dampen, msullaulm recording Ylatnew-11. gauges or Ihmnnmeten. water apply. drain mW steam Ion<x 6•yrnd We ap1,11. d moll, c4rotncal lints cympmem hryond the apparatus mainrepairs ,wvch. tat,. ing tar rehwming the aquiprmm(. repiacamrmt nf,ans that ore nbsolme, "onhu due c eirb". t r Poem eonlaminded,"master" water, Mnlrr tubes and hotter aloin tar reliactory. furnace boat uxrhangtrs, cembusriom chumher. snook, ,lack,. chimney and bratdtng, puinriag of eyuirynrm nr rl©ring of coils. duck chimneys and Iluet, dNimmg of water axrhng movers and eondemaaa unless included below. F, The Purchaser will assume mrymsieny and pay cava for all "e"IC and mnarinl raqutred due it)m r ti mcal,ew,, hilum. low voltage. Conned out mem (I, hmnch lass. Ina watt/ clogged filler's pressure. umtmmnattnn, uceldeva. 6ttting. Ileding, willful damage. naglecl fire, thefl and 4 l lie Seller shall not h' liable for am losses rdamage, as a result of inlcrry Zinn in uu: of 14erGup. tin•. rut/ nr connslna cnallam n l delays, spoilage 1lrnding. Ins, nlbasineu, war condition, naratfnrdue t of bud nr crthane lancrx howmd his ,morsel. and it ,j expressly agreN (tat the Selkx assume no liahiltty for negligence nr dilate whatsoever, than to pexPonn the .anises hly r art G.nh anA in tan c'enl. is rhe Seller s Ituhilily for and nsvxl whaWnevm. to a ow the -Aswan, nfthe sat ice charge Gtr one mnnthl}' p`erwd Ire Sellcr nese," the rrghl In,rice revstnns on the tireIll obs egr•emenl lahru NOTIOn of Ill,, agreement which are a direr( mull of union Increases during M mm I F. rlh,, pan no tmnmale this All rccnmnt by glvrng 111 day, wa.nea noticr This agreement shall er•nnnue on for a further pevrW ul' .,m year rad rhvealier Bum year m veer units rarmmamd a, heron 111-Ided Annual renewals to be m,oiced be Seller C All lahx,erGumel Other than Mluaday thfnugb Pnday flon'W A.M hr?. 3011.M well be in,nical In pumhaaer as an addtttonal charges ar a rate (If I 1 the regular labor price. Ili. •m4r.ym.d IM1aemafln.a1led Or ":uarrmai"� hneF.• aprccr w m• 5- Out urge,. m.ludrnY I3hv un.t imiaiuln, uprm Mse,, mm�..rlir. turd- wwirru"ut aid aartN rn ay rhe cuurma rM1a a ktc:MrF rate M rngurwa upon IM1e evsrmnn fm failure r.• rmke p nmrh rmlrMwt n brat po.tled laid Wrae shall nM p.tN t s\ urine amrxmr nl dx arMN �nmwe pop mmm Or m.nxe.mrn✓m unmrd la rhe e.nn oar Ihn menu• r atmos tame rn rete manias a a.., a,,, uuonla rwMr upea. m pal all maaomMe emr, orcnika'hm. m rrldma mwmank amm�evl rat antl coon core Tac ennmmn!xnM1u fgmvmm char Ile M1ar wmmn m arum tape rano fCSTDMFR-S AM PI AN( I R. SVl L1'R'S A(fI III AN('I N. l ids Ya<r$2sidial. rYau' n?.t' Page : —....- EQUIPMENT LIST Oak Brook Library EQUIP. TYPE MAKE NIODELp SERIAL N LCICATIO?V CondensingUnit � EWB-1048-0 Rear of Bldg RTU-Hwting UJ -140 Rear of Bldg Steam Ilutmdifer Carnes 11000Citilo (Equipment Rm ?Exhaust Ean C Variousarnes Locations Page 4 *0