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HomeMy WebLinkAbout5.3 Motion to accept Top to Bottom Installations Proposal for 2018 Birch Manor Fire Alarm Project4/26/2019 BoardDocs® Pro Agenda Item Details Meeting Apr 16, 2019 - REGULAR MEETING OF THE MOUNT PROSPECT VILLAGE BOARD - 7:00 p.m. Category 5. CONSENT AGENDA Subject 5.3 Motion to accept Top to Bottom Installations proposal for the CDBG 2018 Birch Manor Fire Alarm Project in an amount not exceed $55,000. Access Public Type Action (Consent) Preferred Date Apr 16, 2019 Absolute Date Apr 16, 2019 Fiscal Impact Yes Dollar Amount 55,000.00 Budgeted Yes Budget Source Communty Development Block Grant Recommended Action Accept the lowest cost, responsive proposal form Top to Bottom Installations for the 2018 CDBG Birch Manor Fire Alarm System Contract in an amount not to exceed $55,000. Public Content Information Background The Birch Manor Condominiums were annexed into Mount Prospect in April 2017 (Ord. 6315). The Fire Department has been working with the Birch Manor Condominium Association since early 2017. As a result, the Fire Department identified fire alarm deficiencies that would need to be addressed for all eight buildings. The attached agreement between the Village of Mount Prospect (Fire Department) and Birch Manor Condominium Association incorporates the Community Development Block Grant (CDBG) grant funding for four buildings fire alarm system installations. In 2017, the Village of Mount Prospect approved $56,000 through CDBG funding to address two of the building's fire alarm system installaions. The CDBG funding was again approved in 2018 for the fire alarm system installations for two additional buildings. The remaining four upgrades would be the responsibility of the condominium association (agreed completion date of 2021). The below proposal is the final phase of fire alarm installation under CDBG funding. Birch Manor Condominium Association contacted four fire alarm contractors who had completed previous multifamily fire alarm upgrades to obtain proposals. Three fire alarm contractors submitted preliminary fire alarm proposals in 2017 and final proposals in 2018. Contractors provided updated proposals in March of 2019 to incorporate HUD requirements for prevailing wages and updated proposals for the second phase (2018-2019) fire alarm systems for two additional buildings. The proposals are listed below. Proposals 2018/2019 Total for Two Proposals Buildings https://www.boarddocs.com/il/vomp/Board.nsf/Private?open&login# 1/3 4/26/2019 La Marco Systems Inc., Northbrook, IL Top to Bottom Installations, Gilbert, IL Total Fire and Safety, Woodridge, IL BoardDocs® Pro 2018/2019 Total for Two Proposals Buildings $39,602 $79,204 $27,500 $55,000 $45,300 $90,600 All proposals do not include the installation of radio monitoring for the fire alarm system. This cost would need to be absorbed by the Condominium Association. The Fire Department has reviewed each proposal for the second phase (2018-2019) fire alarm system installations. The Fire Department would recommend the lowest cost proposal, Top to Bottom Installations, for the building fire alarm installation. The Fire Department contacted Top to Bottom Installations to ensure that they could comply with the prevailing wages of the David Bacon Act. The contractor indicated that they would comply with the prevailing wages act (Federal and State). The rate has also been established in the proposed contract. Top to Bottom Installations has completed 2017-2018 fire alarm system installations and their work has been acceptable. Time is of the essence for this project as it must be completed by July 15, 2019 to meet CDBG funding requirements. Alternatives 1. Accept lowest cost proposal for the installation of fire alarm systems for two buildings for the second phase 2018- 2019. 2. Action at discretion of Village Board. Staff Recommendation Staff recommends that the Village Board accept the lowest cost, responsive proposal from Top to Bottom Installations to complete the second phase (2018-2019) for the 2018 CDBG Birch Manor Fire Alarm System Project in an amount not to exceed $55,000. La Marco Systems.pdf (44 KB) Top to Bottom Installations. pdf (367 KB) Administrative Content Executive Content All items under Consent Agenda are considered routine by the Village Board and will be enacted by one motion. There will be no separate discussion of those items unless a Board member or member from the audience so requests, in which the item will be removed from the Consent Agenda and considered in its sequence on the agenda. Motion & Voting Approval of the monthly financial report for March 31, 2019. https://www.boarddocs.com/il/vomp/Board.nsf/Private?open&login# 2/3 4/26/2019 BoardDocs® Pro Motion by Colleen Saccotelli, second by Paul Hoefert. Final Resolution: Motion Carries Yea: William Grossi, Eleni Hatzis, Paul Hoefert, Richard Rogers, Colleen Saccotelli, Michael Zadel https://www.boarddocs.com/il/vomp/Board.nsf/Private?open&login# 3/3 CONTRACT THIS Contract (hereinafter the "Contract") is entered into on this day of _ , 2019, by and between the VILLAGE OF MOUNT PROSPECT, an Illinois municipal corporation (hereinafter the "Village"), and TOP TO BOTTOM INSTALLATIONS, (hereinafter the `Contractor") (Village and Contractor sometimes referred to individually as "Party" and collectively as "Parties"), WHEREAS, the Village, a home rule municipality with its authority established by Article VII, Section 6(a) of the Illinois Constitution of 1970, seeks to take all actions necessary to promote the health, safety and well-being of members of the Mount Prospect community; and WHEREAS, the Birch Manor Condominium complex ("Birch Manor"), at 748 West Dempster Street, Mount Prospect, Illinois is located in an area classified as "low to moderate" so that Community Development Block Grant ("CDBG") funds can be used for public health and safety improvement projects; and WHEREAS, in order to improve safety conditions for the Birch Manor residents, the Village intends to utilize CDBG funds to upgrade fire alarm systems in two of the condominium buildings as a public health and safety improvement project; and WHEREAS, the Village solicited competitive bids for installation of upgraded fire alarm systems at Birch Manor; and WHEREAS, the Contractor submitted a bid to perform the installation of the upgraded fire alarm systems at Birch Manor (the "Work") and the Village, upon its review of all the submitted bids, awarded the contract to the Contractor; and WHEREAS, the Village and the Contractor desire to formalize and finalize their respective rights and obligations related to the Contractor performing the Work. NOW, THEREFORE, for and in consideration of their mutual promises, covenants, undertakings and agreements, the Parties agree as follows: ARTICLE I — RECITALS The Recitals set forth above are incorporated herein into this Contract. ARTICLE II — CONTRACT DOCUMENTS This Contract is subject to the terms and conditions set forth in the Contract Documents, which are incorporated herein as if fully set forth, and include the following: 1. Submittal of Fire Alarm Plans; 2. Inspection and full approval by the Mount Prospect Fire Department; 3. Certified weekly payroll sheet(s); 4. Employee rights poster must be displayed on project site at all times; 5. Wage Decision Lock -In Date is set for contact date; and 6. The contract shall include the work for two buildings based on the proposal dated March 20, 2019. 391447_1 The Contract Documents are presented in their order of priority in the event of any conflict between their terms such that the first -listed document, "Submittal of Fire Alarm Plans," takes priority over the other Contract Documents. ARTICLE III — INDEPENDENT CONTRACTOR This Contract is for the Contractor's performance of the Work and is assignable by Contractor in accordance with Article XXI hereunder. In performing these professional services, Contractor is an Independent Contractor and is not acting as an agent or employee of the Village. The Parties understand and agree that neither is the employer, employee, agent or representative of the other and their relationship is that of Independent Contractors. ARTICLE IV — PERFORMANCE BY CONTRACTOR 1. The Contractor agrees to perform the Scope of Work as defined and set forth in the competitive bid documents that shall include all labor, materials, equipment and services, in accordance with the terms and conditions set forth in the Contract Documents (hereinafter the "Work"). 2. The Contractor certifies that it will comply with all state and federal laws and regulations, and county and municipal ordinances, as set forth in the Mount Prospect Fire Prevention Code. ARTICLE V — PERFORMANCE BY VILLAGE The Village agrees to pay the Contractor for its performance of the Work in the manner and amount provided in the Contract Documents. It is understood and agreed by the Parties that the Village will not pay the Contractor until the Work is completed and the Village has accepted the Work after a final inspection by the Fire Department. Upon completion of the Work, Contractor shall provide the Village with an invoice evidencing its cost for labor, materials, equipment and services under this Agreement, including the costs of any of its subcontractors, vendors, and suppliers, and a properly completed Contractor's Affidavit setting out, under oath, the name, address and amount due or to become due, of Contractor, each subcontractor, vendor, supplier or other appropriate party included in its cost. For every party listed, the Contractor shall also provide a full waiver of lien. Upon receipt of said invoice, Contractor's Affidavit and the required lien waivers, and acceptance of the Work by the Village based upon its determination that the Work is satisfactory (hereafter "Final Acceptance"), the Village shall make final payment due to the Contractor in compliance with the Illinois Prompt Payment Act, 50 ILCS 505/1 et seq. The Parties understand and agree that payment to the Contractor for its performance of the Work will be made after final acceptance of the Work by the Mount Prospect Fire Department. The Parties further understand and agree that the Village shall not be obligated to pay the Contractor for partial performance of the Work in the event of a default by the Contractor. 391447_1 ARTICLE VI — PREVAILING WAGES The funds for this project come from a federal CDBG grant and it is over $2,000. Therefore, pursuant to the Davis -Bacon Act, the Contractor will pay prevailing wages to those performing the Work. In this instance, the Cook County Prevailing Wage rates effective since August 15, 2018 provide that all "Electricians" shall be paid a base wage of $48.35 per hour with fringe benefits of $34.18. The "Electrician" foreman wage is $51.35 per hour with fringe benefits at $37.04. The Contractor agrees to pay employees doing the Work at these rates. The Contractor and each of its subcontractors participating on the Project shall make and keep those records required under Section 5 of the Prevailing Wage Act. At least monthly, the Contractor shall also submit a certified payroll to the Village or its designee to verify the payment of prevailing wages as required under the Prevailing Wage Act. The certified payroll shall also include a statement signed by the Contractor or subcontractor which avers that: (i) such records are true and accurate; (ii) the hourly rate paid to each worker is not less than the general prevailing rate of hourly wages required by the Illinois Prevailing Wage Act, 820 ILCS 130/1 et seq.; and (iii) the Contractor or subcontractor is aware that filing a certified payroll that he or she knows to be false is a Class B misdemeanor. ARTICLE VII — WARRANTY The Contractor shall guarantee and warrant the Work against defects in workmanship and materials for a period of twelve (12) months from the date of Final Acceptance. Upon Final Acceptance, the Contractor shall furnish Birch Manor with all manufacturers' and suppliers' written guarantees and warranties covering materials and equipment furnished under the Agreement. Any defects that appear within this twelve (12) month period and arise out of defective or improper materials or workmanship shall, upon direction of Birch Manor, be corrected by the Contractor at its own expense within a reasonable period of time after receipt of notice from Birch Manor, but not longer than ninety (90) days from the date of receipt of the notice. The Village reserves the right to re -inspect such Work. ARTICLE VIII - CONFLICT BETWEEN CONTRACT DOCUMENTS In the event of a conflict between any Contract Document and the terms of this Contract, the Contract shall control to the extent of the conflict. In the event of any other conflict between Contract Documents, the preceding Document shall govern to the extent of the conflict based upon the order of priority set forth in Article II of this Contract, unless otherwise specifically stated. ARTICLE IX — COMMENCEMENT AND COMPLETION OF WORK After the written Notice to Proceed is issued by the Village, which will start the performance period, the Contractor then has 30 days to commence work. The Contractor shall achieve substantial performance within forty-five (45) consecutive calendar days after the Notice to Proceed has been issued with final performance fifteen (15) days thereafter. 391447_1 The Contractor shall commence performance of the Work and complete performance of the Work, in accordance with the schedule set forth in the Contract Documents, but in no event shall any Work be performed prior to the Village's receipt of this Contract, executed by Contractor, and the Village's receipt of the certificate of insurance required by the Contract Documents. ARTICLE X — NOTICE Unless otherwise provided, all notices required under this Contract shall be made in writing and addressed or delivered as follows: TO THE VILLAGE OF MOUNT PROSPECT - The Village of Mount Prospect 50 S Emerson Mount Prospect, Illinois 60056 ATTN: Fire Department TO CONTRACTOR- at the address set forth on the Bid Form, or at an address provided by the Contractor to the Mount Prospect Fire Department. Notices shall be deemed effective when received by personal service or registered or certified U.S. mail, postage prepaid and receipt requested, to the address so specified. Either Party may, by written notice to the other, change its own mailing address. ARTICLE XI — PRIOR AGREEMENTS; SUCCESSORS This Contract supersedes all previous agreements, understandings and representations of any nature whatsoever, whether oral or written, and constitutes the entire understanding between the Parties. The terms of this Contract shall be binding upon and inure to the benefit of the Parties and the partners and elected officials, officers, employers, employees, agents, attorneys and other representatives, successors in interest, executors, administrators, and their respective successors and assigns; provided, however, that the Contractor shall not assign, sublet or transfer any rights or interest in this Agreement in whole or in part without the prior written approval of the Village, except to the extent that the Contract Documents provide otherwise. ARTICLE XII - DEFAULT BY CONTRACTOR If the Contractor fails to begin the Work under the Contract within the time specified, or fails to perform the Work in accordance with the terms of the approved schedule or performs the Work in a manner unacceptable to the Village, or neglects or refuses to remove materials or performs anew such Work as has been rejected by the Village, or if the Contractor shall become insolvent or be declared bankrupt, or shall make an assignment for the benefit of creditors, or from any other cause whatsoever shall fail to carry on the Work in a manner required by the Contract, the Village shall give notice as hereinafter provided to the Contractor in writing specifying such failure, delay, neglect, refusal or default, and if the Contractor, within a period of ten (10) 391447_1 calendar days after the giving of such notice, shall not proceed in accordance therewith, then the Village shall have full power and authority to declare the Contract and the Contractor in default, and to forfeit the rights of the Contractor in this Contract, including the right to payment for the Work completed. Upon declaration of Contractor's default, the Village, using the funding allocated for the project, may complete the Work by its own forces or on its own account, or may enter into a new contract or contracts for the completion of the Work, or may use such other methods as shall be required for the completion of the Work in an acceptable manner as the Village may in its discretion determine. All costs and charges incurred by the Village, together with the cost of completing the Work shall be paid for with the CDBG funds provided for the project. As a result of its default, the Contractor shall not be paid for any of the Work it did and any costs it incurred. ARTICLE XIII - DEFAULT BY VILLAGE In the event of a material default by the Village under this Contract, the Village shall have sixty (60) days, from notice thereof by Contractor, to cure the default prior to Contractor's termination of this Contract. The failure to pay a contested invoice shall not be considered a material default. Upon termination, the Village shall be responsible to pay any uncontested payments due for work performed. ARTICLE XIV — INDEMNIFICATION To the fullest extent permitted by Illinois law, Contractor shall indemnify, defend and hold harmless the Village and its elected officials, officers, employees, agents, attorneys and other representatives and their assigns (collectively "Indemnitees"), from lawsuits, actions, costs (including attorney's fees), claims or liabilities of any character (collectively "Damages") caused by, resulting from, arising out of or occurring in connection with the Contractor's performance of the Work under this Contract, provided that any such lawsuit, action, cost, claim or liability is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused by the negligent act or omission, intentional misconduct, or breach of applicable law of the Contractor or anyone or entity directly or indirectly employed by Contractor for whose acts Contractor may be liable. Under no circumstance shall Contractor's indemnification apply to Damages caused by the sole negligence of the Indemnitees. In connection with any such claims, lawsuits, actions or liabilities, the Village, its elected officials, officers, employees, agents, attorneys and other representatives and their assigns shall have the right to defense counsel of their choice. The Contractor shall be solely liable for all costs of such defense and for all expenses, fees, judgments, settlements and all other costs arising out of such claims, lawsuits, actions or liabilities. Contractor shall protect, indemnify, and hold and save harmless the Village from and against any and all claims, costs, causes, actions and expenses including, but not limited to, legal fees, incurred by reason of Contractor's breach of any obligations under or Contractor's default of any provision of the Contract Documents. 391447_1 ARTICLE XV — INSURANCE a. CONTRACTOR, at its sole cost and expense, will obtain and maintain in full force during the term of this Contract, including the performance of any warranty work, the following types of insurance: Limit/ Type of Insurance General Liability Bodily Injury Property Damage Contractual Ins. Workers Compensation Employee Claims Employers Liability Limit/ Each Occurrence Aggre-gate $1,000,000 $3,000,000 $1,000,000 $3,000,000 $1,000,000 $3,000,000 Statutory for Illinois $1,000,000 per accident. b. All insurance required will be primary coverage as respects the Village and any insurance or self-insurance maintained by the Village will be excess of Contractor's insurance coverage and will not contribute to it. c. The Village is to be notified immediately if any aggregate insurance limit is exceeded. Additional coverage must be purchased to meet requirements. d. The Village, its Boards, Agencies, Departments, Officers, Employees, Agents, and Volunteers are to be named as Additional Insured and Loss Payee, as respects to all Work performed by Contractor under the terms of this Contract on all policies required (except Workers' Compensation). e. Contractor agrees to waive all rights of subrogation against the Village, its Boards, Agencies, Departments, Officers, Employees, Agents and Volunteers for losses arising from work performed by Contractor under the terms of this Contract. f. Policies will not be canceled, non -renewed or reduced in scope of coverage until after sixty (60) days written notice has been given to the Village of Mount Prospect. g. Contractor agrees to provide the Village with the following insurance documents within sixty (60) days after the Effective Date of this Contract but prior to the performance of any Work: i. Certificates of Insurance for all required coverage ii. Additional Insured and Loss Payee endorsements iii. 60 Days Notice Cancellation Clause endorsement and phrases, such as, "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" shall not apply and shall be removed. 391447_1 h. In the event that Contractor uses any subcontractors to perform any of the Work, Contractor's insurance shall cover any work performed by the subcontractor, or the subcontractor shall maintain the same amounts and types of insurance as Contractor. In the event that Contractor's insurance does not cover a subcontractor, Contractor shall provide the Village with evidence of subcontractor's insurance, in the forms described in subparagraph g above, prior to performing any work. ARTICLE XVI — VENUE The parties hereto agree that for purposes of any lawsuit(s) between them concerning this Agreement, its enforcement, or the subject matter thereof, venue shall be in Cook County, Illinois, and the laws of the State of Illinois shall govern the cause of action. ARTICLE XVII - SEVERABILITY OF CONTRACT If any term of this Contract is held by a court of competent jurisdiction to be void or unenforceable, the remainder of the Contract terms will remain in full force and effect and will not be affected. ARTICLE XVIII - CUMULATIVE REMEDIES The exercise or failure to exercise any legal rights and remedies associated with any act of default or breach hereunder by either Party will not constitute a waiver or forfeiture of any other rights and remedies, and will be without prejudice to the enforcement of any other right or remedy available by law or authorized by this Contract. ARTICLE XIX - COMPLIANCE WITH LAWS Each party to this Contract will comply with all applicable state and federal laws and regulations, and county and municipal ordinances and regulations. ARTICLE XX - DISPUTE RESOLUTION Should a dispute arise between the Village and the Contractor as to the terms and conditions of the Contract, or the responsibilities, limitations, or working relations of either Party, the designated project personnel will make every reasonable effort to resolve the difference in accordance with the terms and conditions of the Contract. If a dispute continues despite these efforts, it shall be referred to the Parties' Project Managers. If the above action fails to resolve the dispute, the Parties may, by agreement, elect to resolve the dispute through a mediation process. Each Party shall bear its own costs in preparing and conducting mediation, except that the costs, if any, of the actual mediation proceeding shall be shared equally by the Parties. The mediation process is defined as follows: The Parties shall select a mutually agreeable mediator from American Arbitration Association lists or any other agreeable list to aid the Parties in resolving the dispute. 391447_1 The mediator shall not be an employee or former employee of either Party. The first meeting shall be held at a location chosen by the Village. At the meetings, each Party may present materials and/or arguments to the mediator. The mediator's decision shall not be binding upon either Party. In the event that the foregoing steps fail to resolve the dispute, either Party may bring suit in the Circuit Court of Cook County, Illinois. ARTICLE XXI -ASSIGNMENT No rights or interest in this Contract may be assigned by Contractor without prior written notice being provided by Contractor to the Village and the Village's written approval. The Village shall not unreasonably withhold its approval of such assignment. In the event of an assignment, the Contractor shall not be relieved of its obligations under the Contract unless agreed to by the Village, at its sole discretion. ARTICLE XXII - COUNTERPARTS This Contract may be executed in counterparts, each of which shall be an original and all of which together shall constitute one and the same agreement. ARTICLE XXIII - EFFECTIVE DATE The effective date of this Contract shall be the date of the last signature executing the Contract (hereinafter referred to as the "Effective Date"). ARTICLE XXIV - ADVERTISEMENT Contractor shall not use, in its advertising, marketing programs, or other promotional efforts, any data, pictures, or other representation of the Village, except with the specific written authorization in advance by the Village. ARTICLE XXV - CAPTIONS; HEADINGS The paragraph headings which appear herein are included solely for convenience and shall not be used in the interpretation of this Contract. 391447_1 IN WITNESS WHEREOF, the Parties hereto have executed this Contract. Contractor: Top To Bottom Installations Title: President Date: ATTEST: Title: Date: 391447_1 VILLAGE OF MOUNT PROSPECT Title: Mayor Date: ATTEST: Title: Date: INSTALLATION/SERVICE AGREEMENT Service Company: Subscriber: Location: Lynn Miller Total Fire and Safety Inc. Birch Manor Condominium Association Birch Manor Condominium Association 6808 Hobson Valley Drive, Unit 105 748 W. Dempster St. Unit CG2B 748 W. Dempster St. Unit CG2B Woodridge, IL. 60517 Mount Prospect, IL 60056 Mount Prospect, IL 60056 For the consideration hereinafter mentioned, Total Fire agrees to furnish subscriber with the following services as checked, and provide any other of the below listed services upon request at established rates. CPU chip, software, passcode to the software and the transmitting and receiving equipment necessTotal Fire, ory or monitoring t anfer tothe Subscriber upon full payment of the purcthasenproenershi of all other equipment, wirin and a aratus shall �.,.,,,., �,,., property pg pp remain with SERVICES INSTALLATION ONLY MONITOR BURGLARALARM MONITOR FIRE ALARM .,mm. MONrFOROTHER AT r,,,,,«, CENTRAL STATION OTHER NO SIGNAL AT CENTRAL STATION IF LINE IS CUT WfT}i LINE CUT INDICATION OR WIRELESS SIGNAL -TYPE OPENING /CLOSING CONTROL OF SYSTEM OFI3VNGiCLOSING. LOG ONLY r­ MAIL®ACTIVrrY Ra:oRTS REPAIR SERVICE: PARTS AND LABORREPAIRSERIVICE r.,,,.�. ON REQUEST ON A BILLABLE 11MEAND M4THF4AL BASIS INSPECTION FREQUENCY: "A=ANNUAL S =SEMI-ANNUAL Q=QUARTERLY M=MONTHLY" FIRE ALARM El BURGLAR ALARM El FIRE PUMP F-1 SPRINKLER SYSTEM El FIRE EXTINGUSHERS [::] PRE-ENGINEERED SYSTEM [::] ENGINEERED SYSTEM F-1 EMERGENCY LIGHTING El FIRSTAID El BACKFLOW The subscriber shall pay Total Fire the sum of ($ ) Dollars which includes ($ ($ ) Dollars to be paid upon signing of this agreement, and the balance of ($ paid upon completion of said Installation. The subscriber shall pay in addition for the services rendered the sum of ($ ) Sales tax. Dollars are to be ) Dollars per month, payable quarterly in advance. Monthly Charges may be prorated to coincide with standard periods. A late payment charge of one and one-half percent (1%%) per month may be added to all amounts that remain unpaid for more than thirty, (30) days, which is an Annual Percentage Rate of 19.56%. DESCRIPTION Fire Alarm Installation Phase 1: Includes manual pull stations on 1St floor and basement exits, notification in all common areas and basement and automatic detection in boiler room, laundry room and electrical room. Includes parts listed below 1 Addressable Fire Alarm Control Panel 1 LCD Annunciator 2 12V18Ah Batteries 1 Notification Power Supply 1 Addressable Heat Detector in Laundry Room 1 Addressable Smoke Detector in Electric Room 1 Addressable Smoke Detector in Boiler Room 1 Notification Control Module 5 Visuals Notification Devices in Basement 27 Audio/Visual Notification Devices in Basement & Common Hallways 1 Drawings & Submittals 1 Final Inspection Basement to have conduit stubs and open air overhead cabling All common areas to be installed white baked conduit Phase 3: In addition to Phase 1. Installing automatic smoke detection in all common hallways, storage areas and basement notification devices in each unit. Devices will be mounted above the front doorjamb. Includes parts listed below. 50 Addressable Photoelectric Smoke Detectors 1 Drawings & Submittals 1 Final Inspection Basement to have conduit stubs and open air overhead cabling All common areas to be installed white baked conduit $16,800.00 All quantities and prices above are subjected to change by authority having jurisdiction Exclusions / Notes: All prices listed above are per building Permit or Municipal Fees Municipal Radio transceiver or connection of the Municipal Radio Taxes are not included in above prices All work performed during normal working hours M -F 8am-5pm Patching and painting if required is not included Inaccessible areas or rooms may result in an additional charge % of installation will be required as deposit to commence above work Fire Alarm Annual Inspection Annual Fire Alarm Test according to NFPA 72 - Complete inspection of fire alarm system including: fire alarm control panel, smoke detectors, heat detectors, pull stations and notification devices. Test signals sent and verified. *When required, report filing fees, permit fees, and taxes on additional parts will be billed additionally at time of service. *Any area/room without access at the scheduled time set by Total Fire & Safety will be subject to an additional charge. *When required, batteries will be changed and billed additionally at time of service. Phase 1: $350 per building Phase 2:$400 per building Phase 3:$700 per building TERMS AND CONDITIONS 1. Total Fire assumes no liability for interruption of service due to strikes, riots, floods, fires, interruption in telephone service, acts of God, or any causes beyond the control Total Fire, and Total Fire is not required to supply service to the Subscriber while such interruptions exists. All products and services marked on the front side of this agreement, become part of the terms and conditions of this agreement. 2. The Subscriber will provide supervised access to the premises to Total Fire, its agents and employees for service and will obtain for Total Fire permission as may be required from the landlord or others to carry out this Agreement. Total Fire will have the right to install transmitting and receiving equipment in the telephone or mechanical equipment room and on the roof or top of the Subscriber's buildings or structure. The subscriber agrees to furnish any necessary continuous electrical current and outlets, dedicated phone lines and jacks as needed at locations determined by Total Fire and at the Subscriber's expense for Total Fire equipment. The Subscriber understands that the installation will necessitate drilling and cutting into various parts of Subscriber's premise and gives Alarm Company permission to do so. The Subscriber acknowledges that Total Fire has no ability to determine the existence of hidden pipes, wires or other obstructions within the walls, floors or in the ground and it's the subscriber's obligation to make Total Fire aware of such conditions, and the subscriber shall be solely responsible for any damages resulting from failure to disclose such conditions. Patching, painting or any type of redecorating is not included. The Subscriber also agrees to allow surface wiring as needed and understands that any requirement for plenum wire or conduit will be at additional charge unless specified in the agreement. 3. Total Fire does agree, in accordance with the repair services chosen by the Subscriber as checked, to repair the Alarm System during the term of this agreement. Required Service: Police agencies require repair of systems, which cause false dispatches. If the Subscriber does not have an agreement, which includes the cost of repair service, the subscriber agrees in advance to pay all charges for service calls necessary to resolve false alarm problems. The Subscriber agrees to carefully and properly test the Alarm System, including testing any ultrasonic, microwave, infrared, capacitance or other electronic equipment prior to each closed period and shall immediately report to Total Fire any problem with the System. Total Fire shall make any necessary repairs as soon after receipt of notice as is reasonably practical. The Subscriber shall at all times be solely responsible for the maintenance of the sprinkler system, if any, including providing adequate heat to the building, so that the sprinkler system will at all times be in good working order. The Subscriber agrees that all repair service to the Alarm System caused by improper use of the Alarm System, misuse, vandalism, lightning, or any other act of God are billable regardless of the repair services chosen by the Subscriber as checked. Repair Service: Normal service hours are 8:00 am - 5:00 pm, Monday - Friday, excluding weekends and all holidays. PARTS AND LABOR SERVICE AGREEMENT IS 24 HOURS PER DAY 7 DAYS PER WEEK. 4. Total Fire, or its designate, upon receipt of an alarm signal from the Subscriber's premises is authorized by the Subscriber or it's representative to verify the legitimacy of the signal. If it is determined that an emergency condition exists, Total Fire, or its designate will then make a reasonable effort to notify the police or fire department having jurisdiction, and Total Fire shall make a reasonable effort to notify the Subscriber or his designated representative by telephone unless Total Fire has been instructed to do otherwise by the Subscriber. Should the Subscriber's representative fail to respond within thirty (30) minutes to an alarm with an outside ringer which is causing a disturbance, or an alarm which is constantly transmitting signals to the Central Station overburdening operators, Subscriber authorizes Alarm Company, at its discretion, to gain entry to the building with whatever method is required, and remedy the malfunction on behalf of the Subscriber. Furthermore, Subscriber agrees to pay Total Fire for the service call at the then current rate for such call. 5. Except as otherwise herein provided, this Agreement shall remain in full force and effect for a period of three year(s) from the date on which the monthly charges or time and material charges under this agreement become effective, and thereafter shall continue for one year(s) periods. This agreement is terminable by the Subscriber ONLY upon written notice by registered or certified mail, made at least thirty (30) days prior to the expiration date of the initial period or any renewal period. INITIALS 6. The Subscriber hereby agrees that Total Fire shall have the right to modify the charges at any time or times after the expiration of six (6) months from the date of this Agreement upon giving the Subscriber written notice a minimum of sixty (60) days in advance of the effective date of such change. If the subscriber is unwilling to pay any such increases and notifies Total Fire in writing by certified mail, return receipt requested at least thirty (30) days prior to the effective date of such increase, Total Fire shall be permitted, at its sole option, upon written notice by certified mail, return receipt requested to the Subscriber, to terminate this Agreement as if the term had expired or in the alternative will continue the prior rate and will allow this Agreement to remain in full force and effect without further notice. Failure to notify Total Fire in writing at least thirty (30) days prior to the effective date of increase will constitute the Subscriber's consent to the increase, and of all of the other terms and conditions of this Agreement shall remain in full force and effect. 7. Upon the Subscriber's failure to pay any sums due to Total Fire under this agreement, or upon premature cancellation of service by the Subscriber, Total Fire reserves the right to terminate its obligations under this agreement and remove any of Alarm Company owned equipment, wiring and apparatus from the Subscriber's premises upon written notice to the Subscriber. Total Fire will have no obligation to repair or redecorate any portion of the Subscriber's premises due to removal of Total Fire's System upon termination. At such time, all charges incurred under the terms of this Agreement, up to the cancellation date, shall immediately become due and payable. In addition, the parties agree that it would be very difficult, if not impossible, to ascertain actual damages for any breach of this Agreement by the Subscriber, and the parties agree that the Subscriber shall immediately pay to Total Fire, upon any breach, or upon premature cancellation of service by the Subscriber, as and for liquidated damages, the sum of seventy-five percent (75%) of any charges remaining to be paid under the terms and life of this contract. The parties further agree that the Subscriber shall pay all court costs, collection fees and reasonable attorney's fees of thirty-three and one-third percent (33-1/3%) of all monies remaining to be paid under this Agreement, should Total Fire have to place this contract in the hands of any attorney for collection. 8. If Total Fire incurs any new or increased charges for the use of telephone or other communication lines or services, or if any new or increased taxes or license fees shall be incurred by Total Fire which increase Total Fire's cost of performing this Agreement, the proportional share of such costs shall be payable by the Subscriber in increased monthly charges. The Subscriber gives Total Fire its consent to order an access connection on the Subscriber's line from the telephone company for the purpose of providing service from the Subscriber's location to Total Fire. The Subscriber agrees to pay any false alarm fines or assessments, permits, taxes, municipal fees or other charges relating to the installation or services provided under this Agreement charged by any governmental body. The Subscriber agrees to pay any phone company charges if applicable. 9. The Subscriber shall not permit any person or persons, unauthorized by Total Fire, to alter, remove, or tamper with any System equipment and will safeguard said equipment against loss and damage during the term of this Agreement. The Subscriber shall not permit any device, contrivance or apparatus to be attached to the lines, wires, instruments or equipment of such System, except by the authorized agents of Total Fire, without the written permission of Total Fire. Subscriber acknowledges that persons unauthorized by ATS tampering with or working on the alarm system, voids all warranties and liability of Total Fire provided to the Subscriber. 10. LIMITATION OF LIABILITY It is understood and agreed: That Total Fire or its agents, assigns, employees, or independent contractors providing portions of the service for the Subscriber (including, but not limited to, signal carriers, telephone companies, municipal agencies, answering services, etc.), all hereinafter referred to as "Others", are not an insurer; that insurance, if any, shall be obtained by the Subscriber; that the payments provided for herein are based solely on the value of the service as set forth herein and are unrelated to the value of the Subscriber's property or the property of others located on the Subscriber's premises; that Total Fire 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 therefrom which the System or service is designed to detect or avert. The Subscriber acknowledges that it is impractical and extremely difficult to fix the actual damages, if any, which may proximately result from Total Fire or Others' active or passive negligence, or from a failure to perform any of the obligations herein, or of the failure of the System to properly operate with resulting loss to the Subscriber because of, among other things: (a) The uncertain amount or value of the Subscriber's property or the property of others kept on the premises which may be lost, stolen, destroyed, damaged or otherwise affected by occurrences which the System or service is designed to detect or avert; (b) The uncertainty of the response time of any police or fire department, should the police or fire department be dispatched as a result of a signal being received or an audible device sounding; (c) The inability to ascertain what portion, if any, of any loss which would be proximately caused by Total Fire or Others' failure to perform or by failure of its equipment to operate; (d) The nature of the service to be performed by Total Fire and Others. The Subscriber understands and agrees that if Total Fire or Others should be found liable for personal injury or property loss or damage due from a failure of Total Fire or Others to perform any of the obligations herein, including but not limited to installation, repair service, monitoring or service or the failure of the System or equipment in any respect whatsoever, Total Fire or Others' liability shall be limited to a sum equal to the total of six (6) monthly payments or Two Hundred Fifty ($250.00) Dollars, whichever is the greater, and this liability shall be exclusive; and that the provision of this Section shall apply if loss or damage, irrespective of cause or origin, results directly or indirectly to persons or property, from performance or non-performance of the obligations imposed by this contract, or from negligence, active or otherwise, of Total Fire or Others. No suit or action shall be brought against Total Fire more than one (1) year after the accrual of the cause of action therefore. In the event that the Subscriber wishes Total Fire or Others to assume greater liability, the Subscribers may, as a matter of right, obtain from Total Fire a higher limit by paying an additional amount proportioned to the increase in damages, but such additional obligation shall in no way be interpreted to hold Total Fire or Others as insurers. This limitation of liability covers all of Total Fire equipment and services at all Subscriber locations. 11. INDEMNIFICATION When the subscriber ordinarily has the property of others in his custody, or the System extends to protect the other persons or the property of others, the Subscriber agrees to and shall indemnify, save, defend and hold harmless Total Fire and Others for 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 Total Fire or Others' performance or failure to perform and including defects in products design, installation, repair service, monitoring, operation or non -operation of the System, whether based upon negligence, active or passive, express or implied contract or warranty, contribution or indemnification or strict or product liability, on the part of Total Fire or Others; but this provision shall not apply to claims for loss or damage solely and directly caused by an employee of Total Fire or Others while on the Subscriber's premises. The Subscribers agrees to indemnify Total Fire and others against, defend and hold Total Fire harmless from any action for subrogation which may brought against Total Fire by any Insurer or insurance company or it agents or assigns including the payment of all damages, expenses, costs and attorney's fees. Client Information Birch Manor Mt. Prospect IL LaMarco Systems, Inc. 475 Lindberg Lane Northbrook, IL 60062 Tel: (847)239-7590 Fax: (847)239-7591 OVERVIEW Proposal Proposal Number 18764 Date 3/19/2019 Expires 4/18/2019 Salesperson Kevin Velene LaMarco Systems Inc. is thankful for the opportunity to submit this proposal for installation of the Fire Alarm System in the above referenced project. This job is previling wage Option #1. Add smoke detection to common areas $13,4000.00 Option #2. Add smoke detection and low frequency horns in units $26,900.00 Scope of Work: • Provide engineering and design, submittals to the Fire Department for review. • Provide equipment per equipment list • Provide project management and supervision. • Provide programming & testing, final inspection with the Fire Department. Inclusions: • Standard labor time Monday through Friday 8am to 4:30pm. • Operational training for the owner's representative during normal business hours. • As -built drawings to be provided to the owner representative, and Authority Having Jurisdiction (AHJ). • One year warranty on all labor, parts and equipment. Exclusions: Permit fee to be billed in addition to this proposal Please Initial: Proposal 18764 Client Information Birch Manor Mt. Prospect IL LaMarco Systems, Inc. 475 Lindberg Lane Northbrook, IL 60062 Tel: (847)239-7590 Fax: (847)239-7591 Proposal Proposal Number 18764 Date 3/19/2019 Expires 4/18/2019 Salesperson Kevin Velene Total This Proposal $26,202.00 Proposal 18764 Qty Description 1 FACP 1 Loop 64 Devices max 1 Remote Annunciator w/ Control 1 Key Locked Annunciator Cover 7 Double Action Fire Alarm Station 1 10 Amp Booster Power Supply 2 Battery 12V 6.5Ah 2 Battery 12V IOAh 1 Photoelectric smoke detector 1 Smoke Detector Base w/ Trim 40 L Sries Horn/Strobe W/Fire 1 Sales Tax 1 Shipping Cost 1 Wire & Misc hardware 1 Electrical Conduit Connectors 1 Labor Engineering & Design 1 Labor Programming & Testing 1 Union Installation Labor 1 Project Management 1 Discount Total This Proposal $26,202.00 Proposal 18764 Client Information Birch Manor Mt. Prospect IL LaMarco Systems, Inc. 475 Lindberg Lane Northbrook, IL 60062 Tel: (847)239-7590 Fax: (847)239-7591 Terms and Conditions Proposal Proposal Number 18764 Date 3/19/2019 Expires 4/18/2019 Salesperson Kevin Velene Upon acceptence of this proposal, the customer agrees to the terms and conditions of the separate signed Alarm Services Agreement. If the above system is subject to approval by the local Fire Prevention Bureau or any other body having jurisdiction, any change in the equipment or scope of work listed above, as a result of obtaining approval, will be considered as extra to this contract and may be result in additional charges. Additional equipment or labor will be provided only after receive of written authorization. Buyer shall pay a finance charge of one and one-half percent (1.5%) per month (18% per annum) on all balances over thirty days until paid in full, cost of collection and reasonable attorney fees in an event of non payment. Local municipality permit fees, if required, are not included. Pricing includes all taxes. This document and the data herein contained shall only be duplicated for use in the procurement of equipment, installation and services as specified for above mentioned project, and shall not be duplicated used or disclosed for any other purposes without the express written permission of LaMarCo Systems, Inc. Please print name here Please sign name here Date Approved Proposal 18764 Top -to Bottom Installations 690 tltlelch Gilhert_�,, H, (`�01,3'(') Officr" 4,,14,7 6,'?2 5'9,')1!," FftX 8'47 742 96,,,),`9 March 20, 2019 This PROPOSAL is presented to: Birch Manor Condominium Association We are pleased to submit the following proposal to furnish a tire alamn system for: Each of the 8 buildings on the property. This is a per building proposal. FIRE ALARM BID The Fire Alarm project will consist-. of ].labor and Material: I Firelite 9200 Addressable Panel I Annuciator at center rear stairwell 20 Smoke Detectors 7 Pull Stations: I at each of the exit doors 23 Horn strobes (3) in each of the stairwells, (I on each level) Said 2 in the basernent.(l on each end I Weatherproof outside strobe. Located outside the door where the Annuciator is located. I Complete submittal to fire dept for approval and permit. A drawing of the building will be needed. I Lot of wire and electrical supplies to complete the installation. This includes all exposed conduit runs. The total for the project will be $ 27,50U0 This is a turnkey bid. It includes all work start to finish. All conduit runs will be exposed. Monitoring of the system is done thru ADT and that is separate frorn this bid. *** This proposal does not provide any type of device inside any condo unit. This is strictly egress hallways only. EXCLUSIONS: Plan review fees (Authority Having Jurisdiction or Third Party), permit fees, inspection fees, patching and/or painting of walls mid ceilings, Knox Box, City Tie Box, Professional Engineer's starnp, Bonds (Including but not limited to performance and payment bonds), a device inside of a unit. PAYMENT TERMS: 20% down to start Balance due upon completion of work. Should you wish us to proceed with this work Please sign and return this proposal to the address above. Should you require additional infonnation or if you have any questions please feel free to call our office. This proposal may be withdrawn if not accepted within 60 days. 221�w ur DATE: HATE,.