2021 Prevent. Maint. Generators and Fire Pumps VILLAGE OF OAK BROOK
PROFESSIONAL SERVICES AGREEMENT
This AGREEMENT is dated as of the 16th day of April 2021 ("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
LIONHEART CRITICAL POWER SPECIALISTS,13151 Executive Court,Huntley,Illinois 60142("Consultant").
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 standards of professional practice, care, and diligence
retains the Consultant to perform,and the Consultant agrees to practiced by recognized consultants in performing services of
perform, all necessary services to perform the work in a similar nature in existence at the Time of Performance. The
connection with the project identified below ("Services"), representations and certifications expressed shall be in
which Services the Consultant shall provide pursuant to the addition to any other representations and certifications
terms and conditions of this Agreement: expressed in this Agreement, or expressed or implied by law,
which are hereby reserved unto the Village.
2021 Preventative Maintenance Services for Village-wide
Generators and Reservoirs A and B Fire Pumps, as more The Consultant further represents that it is financially solvent,
fully described in the attached Quotations dated April 7, has the necessary financial resources, and is sufficiently
2021 and April 15,2020. experienced and competent to perform and complete the
Services in a manner consistent with the standards of
TIME OF PERFORMANCE. The Consultant shall perform professional practice by recognized consultants providing
the Services as mutually agreed upon by the Village and services of a similar nature. The Consultant shall provide all
Consultant("Time of Performance'). personnel necessary to complete the Services.
SECTION 2. COMPENSATION. SECTION 4. INDEMNIFICATION; INSURANCE;
LIABILITY.
A. Agreement Amount. The total amount ,
billed by the Consultant for the Services under this Agreement A. Indemnification. The Consultant proposes
shall not exceed$10,585.00, including reimbursable expenses, and agrees that the Consultant shall indemnify and save
without the prior express written authorization of the Village harmless the Village against all damages, liability, claims,
Manager. losses, and expenses (including attorneys' fee) that may arise,
or be alleged to have arisen, out of or in connection with the
B. Taxes, Benefits, and Royalties. Each Consultant's performance of, or failure to perform, the
payment by the Village to the Consultant includes all Services or any part thereof, or any failure to meet the
applicable federal, state, and Village taxes of every kind and representations and certifications set forth in Section 4 of this
nature applicable to the Services as well as all taxes, Agreement.
contributions,and premiums for unemployment insurance, old
age or retirement benefits, pensions, annuities, or similar B. Insurance. The Consultant acknowledges
benefits and all costs, royalties, and fees arising from the use and agrees that the Consultant shall, and has a duty to;
of, or the incorporation into, the Services, of patented or maintain adequate insurance, in an amount, and in a form and
copyrighted equipment, materials, supplies, tools, appliances, from companies, acceptable to the Village, as per Title 1
devices, processes, or inventions. All claim or right to claim Chapter 8 of the Village Code. The Consultant's maintenance
additional compensation by reason of the payment of any such of adequate insurance shall not be construed in any way as a
tax, contribution, premium, costs, royalties, or fees is hereby limitation on the Consultant's liability for losses or damages
waived and released by Consultant. under this Agreement.
C. Payment of Agreement Amount. C. No Personal Liability. No elected or
Payments shall be made pursuant to the terms of the Local appointed official or employee of the Village shall be
Government Prompt Payment At,50 ILCS 505/3 et.sey. personally liable,in law or in contract,to the Consultant as the
result of the execution of this Agreement.
SECTION 3. REPRESENTATIONS OF
CONSULTANT. The Consultant represents and certifies that
the Services shall be performed in accordance with the
l
SECTION 5. GENERAL PROVISIONS. are provided,performed, and completed in accordance with all
required governmental permits, licenses, or other approvals
A. Relationship of the Parties. The and authorizations that may be required in connection with
Consultant shall act as an independent contractor in providing providing, performing, and completing the Services, and with
and performing the Services. Nothing in, nor done pursuant all applicable statutes, ordinances, rules, and regulations,
to, this Agreement shall be construed to: (1) create the including without limitation the Fair Labor Standards Act;any
relationship of principal and agent, employer and employee, statutes regarding qualification to do business; any statutes
partners, or joint venturers between the Village and prohibiting discrimination because of, or requiring affirmative
Consultant; or (2) to create any relationship between the action based on,race, creed,color,national origin, age,sex, or
Village and any subcontractor of the Contractor. other prohibited classification, including, without limitation,
the Americans with Disabilities Act of 1990, 42 U.S.C. §§
B. Conflicts of Interest. The Consultant 12101 et seq., and the Illinois Human Rights Act, 775 ILCS
represents and certifies that, to the best of its knowledge: (1) 5/1-101 et seq. Consultant shall also comply with all
no Village employee or officer or agent is interested in the conditions of any federal, state, or local grant received by the
business of the Consultant or this Agreement; (2) as of the Village or Consultant with respect to this Contract or the
date of this Agreement, neither the Consultant nor any person Services. Consultant shall be solely liable for any fines or
employed or associated with the Consultant has any interest civil penalties that are imposed by any governmental or quasi-
that would conflict in any manner or degree with the governmental agency or body that may arise, or be alleged to
performance of the obligations under this Agreement; and (3) have arisen, out of or in connection with Consultant's, or its
neither the Consultant nor any person employed by or subcontractors, performance of, or failure to perform, the
associated with the Consultant shall at any time during the Services or any part thereof. Every provision of law required
term of this Agreement obtain or acquire any interest that by law to be inserted into this Contract shall be deemed to be
would conflict in any manner or degree with the performance inserted herein.
of the obligations under this Agreement.
F. Default. If it should appear at any time that
C. No Collusion. The Consultant represents the Consultant has failed or refused to prosecute, or has
and certifies that the Consultant is not barred from contracting delayed in the prosecution of, the Services with diligence at a
with a unit of state or local government as a result of(1) a rate that assures completion of the Services in full compliance
delinquency in the payment of any tax administered by the with the requirements of this Agreement, or has otherwise
Illinois Department of Revenue unless the Consultant is failed,refused,or delayed to perform or satisfy the Services or
contesting, in accordance with the procedures established by any other requirement of this Agreement ("Event of
the appropriate revenue act, its liability for the tax or the Default', and fails to cure any such Event of Default within
amount of the tax, as set forth in Section 11-42.1-1 et seq. of ten business days after the Consultant's receipt of written
the Illinois Municipal Code, 65 ILCS 5/11-42.1-1 et seq.; or notice of such Event of Default from the Village, then the
(2) a violation of either Section 33E-3 or Section 33E-4 of Village shall have the right, without prejudice to any other
Article 33E of the Criminal Code of 1961, 720 ILCS 5/33E-1 remedies provided by law or equity, to (1) terminate this
et seq. If at any time it shall be found that the Consultant Agreement without liability for further payment; or (2)
has, in procuring this Agreement, colluded with any other withhold from any payment or recover from the Consultant,
person,firm,or corporation,then the Consultant shall be liable any and all costs, including attorneys' fees and administrative
to the Village for all loss or damage that the Village may expenses, incurred by the Village as the result of any Event of
suffer, and this Agreement shall, at the Village's option, be Default by the Consultant or as a result of actions taken by the
null and void. Village in response to any Event of Default by the Consultant.
D. Termination. Notwithstanding any other G. Assignment. This Agreement may not be
provision hereof, the Village may terminate this Agreement at assigned by the Village or by the Consultant without the prior
any time upon 15 days prior written notice to the Consultant. written consent of the other party.
In the event that this Agreement is so terminated, the
Consultant shall be paid for Services actually performed and H. Notice. All notices required or permitted to
reimbursable expenses actually incurred, if any, prior to be given under this Agreement shall be in writing and shall be
termination, not exceeding the value of the Services delivered: (1)personally; (2)by a reputable overnight courier;
completed. (3)by certified mail,return receipt requested,and deposited in
the U.S. Mail,postage prepaid; or by(4)electronic notice with
E. Compliance with Laws and Grants. evidence of delivery. Unless otherwise expressly provided in
Consultant shall give all notices, pay all fees, and take all this Agreement, notices shall be deemed received upon the
other action that may be necessary to ensure that the Services earlier of: (a) actual receipt; (b) one business day after deposit
2
I
with an overnight courier as evidancad by a noeipt of deposit; frrm, or corporation sbs11 be made or be valid
or(c)three business days following deposit m tie U.B.anal, Village. against the
as evidenced by a raturn rme L Holies and communications K LAMM& a& If any team or
to the Village shall be addressed to, and delivered at, the PMVWW in this Agreement conflicts with any wrin or
Mowing address: provision of or exhibit to this the
Ynllage ofC3ak Brook terms and pwwm of this A,grmmew"eontral.
1200 Oak Brook Road L. m, This ASmement and the
Oak Brook,IllkK&60523 rights of 0W=and Counita nt podar this Agreement shall be
Attention: Doug Pssebin,Public Works inw'If rPIP d acoorthW to the Warsnal lava,but not to conflict
Director of laws roles,of fie&ate of l)linoad;tile revue for nay legal
acfi=WWAB in connection with Chia AVveaeen stall be in
Notices and communications to the Consultant shall be the Circuit Court of Dapage Condty,Mignis,
addressed to,and delivered at,the Mowing addnw
K me 2hd�loaf 1111handaim
Liaabeart Critical Power Specialists,Inc. j� , Coatdwial iafurms"now all material,
13 151 Executive Court than=pu c, bpi»euldrted k&n=*% *titten or oni.
Huntley,iltinois 60142 whetbor or not it is naMW that is died3osed or mWe available
Attention: Cliff Solas Manager to the Com,dirnietly or may, any mom of
II r 11kM or dwrvatim The comerltant selmowteagaa I
I. Neither &c Village nor the that h Ahad,in pe%=in$the 8ervims for tine Village under {
Consultant shall be under any obligation to exercise any of the this Agreement, lave access, or be directly or fly
rights granted to them in this Agreement cwelnt as it aba11 exposed,to C00840"%*=a*& Tire aball
determine to be in its best frtPotest Airoett time to tuna. 'fine bold 004fidaAill ail Comfidantiol Joibnaoodon.and dill not
failure of the Viilaga or the Consultant to exercise at any time disclose or use such Confide tial bdxrmdm witfwut the
any such rim shall not be deemed or construed a a waiver errpnreea prior written consent of the VMW— The Consultant
of that right,rat ahall the film void or affect the Vii V%or shall we reasonable mcam a at leo as orict as those the
the Consultan fa right to emforoe such rights or any other Consultant teas to protect its own oaofidaw inknuation.
rights. Such measures OW iaclade, wither limitation, legate
amphoyeas and suboontracton of the Consultant to execute a
J. . No claim as a non-diselome agreaueet before obtaining access to
durd party beneficiary under this ASrmment by any pawn, C.onridential Information,
ATTEST: V1fl.LA
By:
By
Charlotte Pr use,Village Clerk Riccardo F.Giaax.Village Manager
ATTEST: LIONHEART CRMCAL POWER SPECIALISTS,INC.
Br.
Title hf- ail rS Its: 0 oseph Egloff,Gen Counsel
lISS+'S +yr f 416-2021
3
EXHIBIT A
(Quotations dated April 7,2021 and April 15,2020)
4
Quote Number Q-00062260
LIONHEART
Revised From Q-00049386
CRITICAI.POWER SPECIAI ISTS Quote Date 04/07/2021
Contract Start Date 06/01/2021
Contract End Date 05/31/2022
Proposal
Doug Hroba
Village of Oak Brook
1200 Oak Brook Rd
Oak Brook, IL 60523-2203
Hi Doug,
Thank you for the opportunity to maintain critical equipment vital to your business. I have provided a scope of work and costs below for
preventative maintenance services. Please call if you need changes to the scope of work or have any questions about this proposal.
Thank you for choosing to rely on the people at LionHeart.
Scope of Work: Preventative Maintenance Services&Estimated Cost Line Total QTY Extended Total
Q-00062261
June 2021 Service
1200 Oak Brook
Generator Level 1 Inspection:4320 Public Works/Fire Station 94 $350.00
#EEIOH706444
1200 Oak Brook
Generator Level 2 Maintenance:4321 Village of Hall#06R0595431 $675.00
(1)ATST ATS Testing
1200 Oak Brook
2-Hr Load Bank Testing:25%for 30mn; 50%for 30mn;75%for 1 hr:4321 Village $655.00
of Hall#06R0595431
1915 York $850.00
Fire Pump Engine Level 2 Maintenance: 60A1 Reservoir A Fire Pump#60527433
2710 Meyers
Fire Pump Engine Level 2 Maintenance:6061 Reservoir B Fire Pump(Scania) $850.00
#5093408
2710 Meyers
2-Hr Load Bank Testing:25%for 30mn; 50%for 30mn;75%for 1 hr:6062 $550.00
Reservoir B#TP9E00241
2710 Meyers
Generator Level 2 Maintenance:6062 Reservoir B#TP9E00241 $550.00
(1)ATST ATS Testing
725 Enterprise
Generator Level 2 Maintenance:4322 Fire Station 93#21729-1-04-98 $550.00
(1)ATST ATS Testing
800 Oak Brook $350.00
Generator Level 1 Inspection:4323 Bath&Tennis#G9188003093
725 Enterprise
2-Hr Load Bank Testing:25%for 30mn; 50%for 30mn;75%for 1 hr:4322 Fire $585.00
Station 93#21729-1-04-98
Labor including travel is quoted at Regular Time, M-F(lam—3pm).
Sub Total $5,965.00
Sales Tax Exempt
Freight Not Included
Total $5,965.00 1 $5,965.00
Q-00062262
December 2021 Service
1200 Oak Brook
Generator Level 2 Maintenance:4320 Public Works/Fire Station 94 $815.00
#EEIOH706444
(1)ATST ATS Testing
1200 Oak Brook
Page 1 of 2 13151 Executive Court Huntley,IL 60142
Main/Emergency 847/291-1413 Fax 815/338-7143
Quote Number Q-00062260
LIONHEARI
Revised From Q-00049386
CaiTiCai PowFP srrani fsTS Quote Date 04/07/2021
Contract Start Date 06/01/2021
Contract End Date 05/31/2022
2-Hr Load Bank Testing: 25%for 30mn; 50%for 30mn;75%for 1 hr:4320 Public $640.00
Works/Fire Station 94#EEIOH706444
1200 Oak Brook $350.00
Generator Level 1 Inspection:4321 Village of Hall#06110595431
1915 York $350.00
Fire Pump Engine Level 1 Inspection:60A1 Reservoir A Fire Pump#60527433
2710 Meyers
Fire Pump Engine Level 1 Inspection:6061 Reservoir B Fire Pump(Scania) $350.00
#5093408
2710 Meyers $350.00
Generator Level 1 Inspection:60B2 Reservoir B#TP9E00241
725 Enterprise $350.00
Generator Level 1 Inspection:4322 Fire Station 93#21729-1-04-98
800 Oak Brook
Generator Level 2 Maintenance:4323 Bath&Tennis#G9188003093 $765.00
(1)ATST ATS Testing
800 Oak Brook
2-Hr Load Bank Testing: 25%for 30mn;50%for 30mn;75%for 1hr:4323 Bath& $650.00
Tennis#G9188003093
Labor including travel is quoted at Regular Time, M-F(lam—3pm).
Sub Total $4,620.00
Sales Tax Exempt
Freight Not Included
Total $4,620.00 1 $4,620.00
Quote Total $10,585.00
LionHeart Field Service Engineers are required to test your equipment during service.Please ensure testing is allowed during the designated work hours and
contact me with any questions.
Tax Exempt.Freight Not Included.Additional charges for freight and taxes may apply,if not included in the quoted total above.If expedited shipping is needed,
additional freight charges will apply.
This estimate is valid for 30 days from quote date.Payment terms are Net 30.Finance charges will be asses d on past due accounts at the rate of 1.5%per
month.Payment to LIONHEART CRITICAL POWER SPECIALISTS,
Sincerely, Dr U�
Cliff Hunter Acceptance Date
Sales Manager
Cell: (630)303-3964
Cliff.Hunter@LHCPS.com
Page 2 of 2 13151 Executive Court Huntley,IL 60142
Main/Emergency 847/291-1413 Fax 815/338-7143
` t IONHI-
April 15,2020
Doug Hroba
Village of Oak Brook
3003 Jorie Blvd.
Oak Brook, IL 60523
Subject: 2020.2022 Annual Generator aerviee Proposal
5 Generators&2 Fire Pumps
Thank you in advance for the opportunity to maintain aitical equipment vital to your business. Our operation
and maintenance are designed for optimum equipment core to ensure year-round business continuity.
Site Location Gen City. Gen/EhAns Make
Village of Oak Brook 7 Assorted
LARMIN 4"bA 110"16 law
1. 1200 Oak Brook Road Kohler 250 kW $350.00 $875.001$ ,N0.00
2. Fire Station 93 Kohler 100 kW $350.00 x560.00 f 585.00 51,4e5.00
3. Reservoir A Cummins Fire Pump $350.00 x850.00 WA $1,200.00
4.Reservoir B Scania Fire Pump $350.00 x850.00 NIA $10000
5. Reservoir B Gerterac 40 kW 50.00 $550.00 $550.00 x1,450.00
6.Bath&Tennis Generac 230 kW $350.00 $765.00 $650.00 $11765.00
7. fire Station 94 Cummins 200 kW $350.00 $815.00 $640.00 $1,805.00
*Load Bank Testing based on easy 50',pull up aooess with(1)taehnician
Laboratory oil analysis: $35.00 per generator
Laboratory coolant analysis: $35.00 per generator
2020 Total Investment (Optional Servioes NOT Included) $10,545.00
2021 Total Investment (Optional Services NOT Included) x10,545.00
2022 Total investment (Optional Services NOT Included) $10,900.00
Pricing includes at labor,parts,travel charges,and shop supplies. Pricing does not include any applicable
sales tax or freight. Costs are predicated on perform normal business
tours.
Cliff Hunter -
Sales Manager
(630)303-3964(cell)
(888)511-1573(fax) Acceptance Approval Date
Cliff hu0ter(i4lhcos.Mm
13151 Executive Court, Huntley,IL 60142 Telephone: (847)291.1413 Facsimile: (888)511.1573
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