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Home My WebLink About09/01/2020 Motion to accept bid for HVAC Maintenance Contract submitted by Bedco MechaItem Cover Page wubject Motion to accept bid for HVAC Maintenance Contract submitted by Bedco Mechanical of Glenview, Illinois in an amount not to exceed $63,r7480 Meeting September PROSPECT BOARD Pollar Amounti • � M mudget Source General Funi CategoryAGENDA Type Consent Bids were recently opened for monthly HVAC (heating, ventilation and air-conditioning) maintenance services for all Village owned buildings. The scope of work includes twelve (12) Village owned or maintained buildings containing 205 individual pieces of HVAC tquipment requiring regular inspections and maintenance. Bidders submitted an annual cost to maintain all equipmentlisted in the bid specifications on • basis. _?ddition, bidders submitted an hourly rate for emergency call back services assuming 300 hours of emergency service. The specifications describeawarding • . for • •(including September - December 2020) through 2023. Additionally, a provision was included allowing the contract to be extended for ayear, fourth• 4 at the same• prices as 2023,both the contractor and Village agree. The bid was advertised on the Village website utilizing DemandStar online bid services.On August 10,, 2020 the bids were publicly opened and read as required by Villagla Code. The following two (2) firm's submitted bids. 1 lContractor Bedco Mechnical YMI Group (A) 2021*Annual Cost $ 29,248.00 $ 58,479.30 (B) 2022 Annual Cost $ 22,377.00 $ 44,705.30 (C) 2023 Annual Cost $ 22,828.00 $ 44,705.30 (D) 2021* Emergency Rate/Hour $ 115.00 $ 130.00 (E) 2022/23 Emergency Rate/Hour $ 120.00 $ 130.00 (F) 2021* Emergency Call Back (Row D x 300** Hours) $ 34,500.00 $ 39,000 (G) 2022/23 Emergency Call Back (Row E x 300** Hours) $ 36,000.00 $ 39,000.00 (H) 2021* Total (Sum of row A and F) $ 63,748.00 $ 97,479.30 (I) 2022 Total (Sum of row B and G) $ 58,377.00 $ 83,705.30 (J) 2023 Total (Sum of row C and G) $ 58,828.00 $ 83,705.30 J(K) Total Contract (Sum of row H, I and 3) $ 180,953.00 $ 264,889.90 O'Includes September - December 2020 .•' number of emergency. back hoursincluded in the specifications The lowest bidder, Bedco Mechanical Inc., has provided scheduled maintenance and emergency service work to the Village for the last fifteen (18) years. Bedco Mechanical Inc. has responded in a timely manner and all work was performed in an acceptable manner. The annual maintenance fee covers quarterly inspections on all units which includes: checking the belts, oil, bearings, pressures, fluid levels, condensers, filter changes and correcting . problems found duringthe inspections.bids werew • based • average annual call back for non-scheduled work or emergency services, which averaged • hundred ! eighty hours per year over the last several years. yearsThe proposed contract represents approximately a 9.69% increase on a per month basis since the contract was last awarded in 2017. Since this contract was last awarded the Village has increased the number of facilities by two (added Police Headquarters, Firlz;; Station 13,and Maple Street Parking Garage; closed the Public Safety Building) resulting in a net increase of three (3) HVAC components needing servicing. Considering the three - - - the last time the contract. awarded . • the increased scope the 9.69% Staffincrease is justifiable. Staff recommends that the Village Board accept the lowest cost responsible bid for 2021- 2023 HVAC Maintenance Contract as submitted by Bedco Mechanical of Glenview, Illinois in ?n amount not to exceed $63,748 in 2021, $58,377 in 2022 and $58,828 in 2023. 2 Rlso recommends that the Village Board authorize staff to extend the contract one (1) year if performance is acceptable and the contractor agrees to hold year three (2023) pricing. Alternatives 1. Accept lowest cost responsible bid for HVAC Maintenance contract as submitted by Bedco Mechanical of Glenview, Illinois in an amount not to exceed $63,748. 2. Action at discretion of Village Board. Accept• -st cost responsiblefor 2021-2023 - . - Contract as submitted by :-d • Mechanical of - -w, Illinois in an amount notexceed $63,748 in 2021,1 • .i • 58,828 in 2023.also recommends that the Village Board authorize staff to extend the contract one (1) year if performance is acceptableand the contractoragrees• hold year -(2023) pricing. HVAC Maintenance.pdf Bedco Bid Submittal. pdf 3 Bid Request for HVAC Maintenance Contract 2020-2023 BID OPENING: Monday, August 10, 2020 1:00 p.m. local time Mount Prospect Public Works Department 1700 W. Central Road, Mount Prospect, Illinois 60056-2229 Ell NOTICE TO BIDDERS Bid for HVAC Maintenance Contract 2020-2023 Sealed bids will be received until 1:00 p.m. on August 10, 2020 in the office of the Office of the Village Manager, 3rd Floor, 50 S. Emerson Street, Mount Prospect, Illinois 60056, in a separate, sealed envelope please submit bid clearly marked "Sealed Bid for HVAC Maintenance Contract 2020-2023". The work includes a Base Bid plus pricing for Optional Work that the Village of Mount Prospect may require the Contractor to perform during the contract period. This contract calls for Prevailing Wage as defined in the Illinois Prevailing Wage Act, 820 ILCS 130/1, et seq., as amended (the "Act"). The Contractor and all subcontractors are required to pay wage rates in accordance with the Act to all laborers, workers and mechanics. Plans and specifications may be obtained at the Village of Mount Prospect's DemandStar website by using the following link: www.mountprospect.org/�. Offers may not be withdrawn for a period of ninety (90) days after the bid date without the consent of the Board of Trustees. Any Bid submitted unsealed, unsigned, sent via email or fax or received subsequent to the aforementioned date and time, will be disqualified and returned to the bidder. The Village reserves the right in its sole discretion, to reject any and all bids or parts thereof, to waive any irregularities technicalities and informalities in bid procedures and to award the contract in a manner best serving the interests of the Village. Village Manager Michael J. Cassady HVAC MAINTENANCE CONTRACT 2020-2023 Table of Contents Section Pace Notice to Bidders 1 Table of Contents 2 Bid Packet Information 3 Schedule 16 Maintenance Log 17 Instructions to Bidders 21 General Conditions 24 Proposal Form - Exhibit A 32 Bid Form 35 Affidavit — Proposal Certification Form 38 Bid Security 40 Bid Sheet 41 Contract - Exhibit B 43 HVAC MAINTENANCE CONTRACT 2020-2023 K X BID PACKET The Village of Mount Prospect is seeking proposals for its: HVAC Maintenance Contract 2020-2023 PROJECT SCOPE The contractor will provide, at a minimum, the following: • Perform a complete preventive maintenance inspections on all forced air units (2) times per year. Work to preformed in the months of April and October. Please schedule in writing the dates that units will inspected • Perform filter inspection and belt inspection (4) times a year on AHU's. Supply and replace filters as needed. Supply replacement belts and install has needed or re - torque as needed. Please schedule in writing dates that units will be completed. This work to be completed in February, May ,July and October • Power wash and supply all chemicals needed to clean condenser coils listed on Attachment B during the 2nd or 3rd week of June. Please schedule in writing dates that units will be completed. • Complete required preventive maintenance on all circulating pumps annually per OEM guidelines which includes but not limited to greasing, alignment checks, pump safeties interlocks and checking tightness of electrical connections associated with circulating pump. See equipment list. Please schedule in writing dates that units will be completed. This work to be completed in September or October • Perform annual hot water boiler preventive maintenance per OEM recommendation. Which includes but not limited to: complete burner cleaning, adjustments of burner train for proper operating efficiency, flushing of water side, check safeties for proper operations, inspection of boiler via removing the hand hole and re -installing cover with new gasket, Material needed for this should be included in PM contract. Work needs to be competed between August and September • July of 2021 - Village Hall Boiler needs to be opened per OEM recommendation and give a in depth PM. Labor to be included, but send quote for material before work begins • Perform closed loop preventive maintenance in regards to checking proper operations of expansion tanks and operations of fill controls. Also check freeze protection levels and submit finding in writing. Work needs to be completed in September and after the boiler inspection is complete • Perform preventive maintenance on air compressors per OEM recommendation twice a year. Check belt tension, change oil, clean air drier, check operation of HVAC MAINTENANCE CONTRACT 2020-2023 C 7 auto blow down and replace air/oil filters as needed. Lastly check operation of unit including safeties, and pressures. Work needs to be completed in March November • Perform preventive maintenance of all exhaust fans listed in Attachment "B" twice a year. This includes: belt replacement, greasing, cleaning of blades/motor and checking tightness of all electrical connections associated with exhaust fan operations. Please schedule in writing dates that units will be completed. Work needs to be competed in the months of March and September • Perform annual OEM preventive maintenance on humidifiers listed on Attachment B. This work to be completed in October of each year. • Additional Services may be included in the attachments to this agreement. • Provide written documentation of recommended equipment that may need overhauling or replacement. Please include budget pricing with this document. • Provide (4) hour minimum response time to all emergency calls for service with a qualified technician. • In order for preventive maintenance invoices to be process, we will need all equipment log sheets to be completed and turned in with the invoice. INSPECTION MAINTENANCE SCHEDULE The inspection maintenance services included in this agreement shall be performed quarterly; invoices shall be quarterly also, after the service is performed. The current quarterly filter changes are scheduled for October, January, April and July, with AC startup in April (2021, 2022, 2023) and heating startup in October (2020, 2021 and 2023). PROPERTY DAMAGE The contractor will assume responsibility for all damage to property caused by equipment used for maintenance to the HVAC systems. All damage will be the responsibility of the contractor to repair. EMERGENCY/UNSCHEDULED REPAIRS Emergency repair service, if requested by the Village, will be provided on a preferential basis. Response and service within four (4) hours is expected. Should the needed repair not be deemed an emergency, the Contractor and Village may agree to postpone repairs to normal working hours. Emergency service before/after normal working hours will be at the agreed upon overtime rate stated on the proposal form. Repair workmanship is to be guaranteed for 90 days from the date of repair. HVAC MAINTENANCE CONTRACT 2020-2023 4 INSPECTION AND MAINTENANCE SERVICES LIST The following list outlines all service work to be performed on a quarterly basis through the term of the contract. HVAC EQUIPMENT Incl. Not Incl. N/'4 HVAC EQUIPMENT (cont'd) Incl. Inc. Not N/A BELTS AIR HANDLING UNITS cont'd Check for wear Check and clean drain pans Check tension & alignment Check economizer operation Replacement Grease anything with a fitting BEARINGS AIR COOLED CONDENSERS Lubrication Brush clean as needed Replacement Power wash as needed Check for proper operation OIL Check for proper level- AIR COOLED CHILLERS Chemical analysis Check/record operating ressures Check/record voltage and amperage . J COMPRESSORS Check Glycol Reading Check/record operating ressures Check safety/operating controls Check/record voltage and amperage Check crankcase heaters Repair or replace as needed JPower Wash Coils in 2"d week of June . J Check safety/operating controls Verify Software is up to date Check crankcase heaters CIRCULATING PUMPS Check/lubricate bearings REFRIGERANT Check drive couplings Add or replace as needed, as per terms conditions Check seals Check for proper charge Recovery per Clean Air Act AIR FILTERS Disposable Filters — replacement AIR HANDLING UNITS HEPA Filters — replacement Check damper operations Bag Filters — replacement Check fans wheels, drives & pulleys Check W Operations Check and record motor operation Special Application Filters HVAC MAINTENANCE CONTRACT 2020-2023 5 9 AIR CONDITIONING Not AIR CONDITIONING Not EQUIPMENT Incl. Ind.EQUIPMENT NSA Cont'd Incl. Ind. NIA HEATING EQUIPMENT HUMIDIFIERS Steam —check &repair as . J BOILERS needed Prepare boiler for annual inspection Change Steam Tank yearly Periodic cleaning of burner &tubes Burner adjustment OTHER Check/tighten electrical . J Check safety controls connections Check/adjust boiler auxiliary Equipment Check heating coils Clean/flush water side of boiler Check heat exchanger Remove boiler hand hole covers for Inspection and reinstall w/new VFD —Clean the heat sync and gaskets filters Check/clean low water cutoff Boiler —Combustion analyze 1 x year FURNACES Check &lubricate fan &drive Check &inspect heat exchanger Check and adjust burner, pilot, . J &safety devices Clean furnace, once per year HVAC MAINTENANCE CONTRACT 2020-2023 10 LIST OF VILLAGE HVAC EQUIPMENT The following is a list of all equipment (by building) included in this contract. POLICE HEADQUARTERS - 911 E. Kensington Rd TYPE OF MAKE MODEL NO. SERIAL NO. SIZE LOCATION EQUIPMENT OF EQUIP 1 St Flr Mech AH -1 Trane CSAA080UAL00 Room Chiller Trane RTAF180EUAHHXUA2NT3X1 NXNCCV1 CAPXXXAX1 Parking Lot 1 St Flr Mech Boiler 1 Rypak 1-17-1506 Room 1 St Flr Mech Boiler 2 Rypak 1-17-1506 Room Computer Rm A/C (CRAC) Stulz COS -120 -AR -U -EC Server room Squad Garage Heater 1 Cambridge M5950 Garage Squad Garage Heater 2 Cambridge M5950 Garage Squad Garage Heater 3 Cambridge M5950 Garage Squad Garage Heater 4 Cambridge M5950 Garage Squad Garage Exh 1 COOK 24-EP6-24Ep624D11 Garage Squad Garage Exh 2 COOK 24-EP6-24Ep624D11 Garage Squad Garage Exh 3 COOK 24-EP6-24Ep624D11 Garage Squad Garage Exh 4 COOK 24-EP6-24Ep624D11 Garage Pistol Range Air Make-up Unit Dankin CAH055GVBM Mech Room Pistol Range Outside A/C Unit Dankin MPSO40F Ground Level Chill Water 1 St Flr Mech Pump 3 B/G C-3510 SSFW 7 Room Chill Water 1 St Flr Mech Pump 4 B/G C-3510 SSFW 7 Room Boiler Water 1 St Flr Mech Pump 1 B/G C-3510 SSFW 7 Room Boiler Water 1 St Flr Mech Pump 2 B/G C-3510 SSFW 7 Room HVAC MAINTENANCE CONTRACT 2020-2023 11 FIRE STATION #13 —111 E. Rand Rd TYPE OF EQUIPMENT MAKE MODEL NO. SERIAL NO. LOCATION OF EQUIP RTU #1 Carrier 48VL-02406030 719036130 Roof RTU #2 Carrier 48LCDB24E3M6A1 ROAO 3019P22503 Roof RTU #3 Carrier 48LCDB17E3M6AROA0 3019P22496 Roof RTU #4 Carrier 48FCDB04A2M62WOA0 2919088454 Roof Computer Rm A/C (CRAC)Carrier 38MAQB30R--3 Basement /Roof Boiler Precision PCW1-1080-480-150 5003F68977 Basement EF -1 Green Heck GB -240 48AKD027-EQ611 HH App Floor Roof TRAIN STATION - 13 E. Northwest Highway TYPE OF MODEL SERIAL HP OR LOCATION EQUIPMENT MAKE NO. NO. TONS OF EQUIP FURNACE Night/ Day MODEL NO. 185000 Attic AIR COND UNIT Night/ Day NO. 5 TON Outside VILLAGE HALL - 50 S. Emerson Street HVAC MAINTENANCE CONTRACT 2020-2023 12 LOCATIO TYPE OF SERIAL HP OR MAKE MODEL NO. N EQUIPMENT NO. TONS OF EQUIP HEAT COOL RTU #1 Carrier 48AKD035-FQ611 HH 5003F68977 Roof HEAT COOL RTU #2 Carrier 48AKD027-EQ611 HH 5003F68981 Roof HEAT COOL RTU #3 Carrier 48AKD020-CQ611 HH 5003F68976 Roof HEAT COOL RTU #4 Carrier 48AKD025-CQ611 HH 5003F68980 Roof HEAT COOL RTU #5 Carrier 48AKD025-DQ611 HH 5003F68978 Roof HVAC MAINTENANCE CONTRACT 2020-2023 12 VILLAGE HALL - 50 S. Emerson Street (continued) TYPE OF SERIAL HP OR LOCATION MAKE MODEL NO. EQUIPMENT NO. TONS OF EQUIP Exhaust Fans Penn DXC18B 3)500 CFM Roof 900, 1, 000, 1,200, 11500 Throughout Inline Fans Penn SX 100BC & SX 155BC 3,120 CFM building vents Boiler Bryan CLM 180 -W -FD BO 91226 250 degree boiler Roof TITUS Vav Units Model 58 Units DESV Air Ducts Fin Tube Valves Nexus Series 1510 base Bell & mounted centrifugal CQ8068- Pumps Gossett Pump 01J30 Roof Series80 In-line Bell & mounted centrifugal CQ8069- Pumps Gossett Pump 01J30 Roof Strategic Check Internal AC -2 Air OHS-084-DRCU-0 ACCU-2 Humidifier ROOF Strategic 3rd floor hall AC -2 Air OHS -084 -DRC AC -2 ceiling ctv Strategic Check Internal parking AC -1 Air OHS-032-RCU-0 ACCU-1 Humidifier garage Basement Strategic data AC -1 Air OHS-032-AHU-LP AC -1 processing 5 @ 3kw/350cfm Suspended Unit Marley- 1 @ Heaters 6 Q'Mark MUH Series 20kw/1,320cfm Ceiling (6) Mounted Marley- 3 @ 5kw/396cfm Heaters Q'Mark CUH Series 3 @ 4kw/283cfm Chemical Water DBNL-5 Chemical Pot Treatment Neptune Feeder N/A Chemical Water Treatment CUNO 5DC1 Filter Vessel N/A HVAC MAINTENANCE CONTRACT 2020-2023 13 FIRE STATION 12 —1601 W. Golf Road TYPE OF EQUIPMENT MAKE MODEL NO. SERIAL NO. HP OR TONS LOCATION OF EQUIP HeaUCoolRtu 1 Trane YCC030F1 MOBH 2392S2J1 H Roof Heat/CoolRtu 2 Trane YCC048F3HOBH 2242MG02H TONS Roof HeaUCoolRtu 3 Trane YCC030F1 MOBH 2392YSX1 H 1757000 BTU Roof HeaUCoolRtu 4 Trane YCC030F1 MOBH 2392X4X1 H 1/25 HP Boiler Room Heat/CoolRtu 5 Trane YCC042F3MOBF 23952YJ1 H Heat/CoolRtu B Trane YCCO24F1 LOBH 241 R5S2H Amu 1 Titan TA -18 -NG -HRH 8571 Amu 2 Titan TA -9 -NG -HRH 8572 Amu 3 Renzor Humidifier Carnes HCAGBU010 509851.001 208 volt, 1 phase Fire Dept. WELL HOUSE #5 - 112 E. Highland TYPE OF SERIAL HP OR LOCATION MAKE MODEL NO. EQUIPMENT NO. TONS OF EQUIP Boiler Weil McLain CGa6PIDN 1757000 BTU Boiler Room Pump Taco 007-F5 1/25 HP Boiler Room HVAC MAINTENANCE CONTRACT 2020-2023 10 14 PUBLIC WORKS BUILDING - 1700 W. Central Road TYPE OF EQUIPMENT MAKE MODEL NO. SERIAL NO. HP OR TONS LOCATION OF EQUIP Class Room Units Trane TTA060A300 A0B46295170 650217306 (2)-5 Ton Locker Rooms Ahu W VFD Carrier Mechanical Room Boiler Weil Mclean B6676WS Mechanical Room Power Burner Econ WJR15A-10 038888572 Mechanical Room Air Compressor Curtis ES -10 ES -10 8017754 8015755 3/4 HP 3/4 HP Mechanical Room Air Dryer Wilkerson CDP 1OAC C2645TUF 1/6 HP Mechanical Room Return Fan VFD Carrier Mechanical Room Pump Armstrong 2/2/8 48806E 139689 Mechanical Room Condensing Unit Trane BTA036D30 OAO 636288267 4 ton Roof Public Works Furnace Trane TUP160A960A0 160000 btu Training Room Condensing Unit Trane TTA060A300A0 650217307 5 Ton Training Room Roof RTU Heat Only Trane NA Main Garage RTU Heat Only (7) Sterling's Main Garage Air Cooled Chiller Carrier 30 Ton Roof Furnace Trane Storage Room Air Make Up Col -Met EH -3540K11 30486 Roof Mechanics Area Heat/Cool RTU York D6CG048N09906 A NBDM012889 125000 btu Roof Unit Heater Reznor UDBS225-2 BIJ79Y9N15732X Washbay South Unit Heater Reznor UDBS225-2 BIJ79Y9N15733X Washbay North Unit Heater Reznor UDBS200-2 BIJ79Y8N15672X Washbay East Unit Heater Reznor UDBS200-2 BIJ79Y8N15771X Washbay West HVAC MAINTENANCE CONTRACT 2020-2023 11 15 10 S. Pine Street TYPE OF EQUIPMENT MAKE MODEL NO. SERIAL NO. HP OR TONS LOCATION OF EQUIP Furnace Lenox G26 -Q3-75-6 5899H01275 Basement AC Lenox HS29-36-1 P 5801 E53101 TONS Side Of The Building FIRE STATION 14 - 2000 E. Kensington TYPE OF SERIAL HP OR LOCATION MAKE MODEL NO. EQUIPMENT NO. TONS OF EQUIP Air Handler FC 1 Trane 4TEC3F36B 100BAA 9344PN91 V 1St Floor Equip. Room Air Handler FC 2 Trane 4TEC3F24B 1000A 934408X1 V 1St Floor Equip. Room Air Handler FC 3 Trane 4TEC3F36B 1000AA 9344PLLl V 1St Floor Equip. Room Air Handler FC 8 Trane 4TEC3F18B 1000AA 934408D1V 1St Floor Equip. Room 2nd Floor Equip. Air Handler FC 4 Trane 4TEC3F24B 1000AA 93440801V Room 2nd Floor Equip. Air Handler FC 5 Trane 4TEC3F48B 1000AA 93443MC2V Room 2nd Floor Equip. Air Handler FC 6 Trane 4TEC3F24B 1000AA 93443EKl V Room Boiler 6091-1100955 2nd Floor Equip. HW B1 Knight KB N 500 23 Room Boiler 6091-1100928 2nd Floor Equip. HW B2 Knight KB N 500 62 Room Boiler 6091-1100992 2nd Floor Equip. HW B3 Knight KB N 500 44 Room 3 B G Pumps 2nd Floor Equip. BP1-3 B & G 60 .5 HP Room 2 B G Pumps 2nd Floor Equip. H P 102 B& G 60 2 HP Room AIR HANDLER AH 1 Trane MCCB012UAOCOVB K09H26977 NE Apparatus Floor GLYCOL Pump G F2 Axiom S F 100 09 -7512 -SF NE Apparatus Floor Split System SE Apparatus Floor Air Handler Sanyo KS1271 02024-94 Workshop Split System Condenser Sanyo CL11271 01212-94 East Side Building Split System 2nd Floor Computer Air Handler Liebert Room SE Front Of Building CRU Condenser Liebert PFH027A-PL7 0941 N 16426 Air Handler 4TEC3F18B Basement Gray FC 7 Trane 1000AA 934408C1V Water Room HVAC MAINTENANCE CONTRACT 2020-2023 12 16 FIRE STATION 14 - 2000 E. Kensington (continued) TYPE OF SERIAL HP OR LOCATION MAKE MODEL NO. EQUIPMENT NO. TONS OF EQUIP Condensing Unit XR 13 Trane 4TT3036B 1000AA 93155895F Northside West End Condensing Unit XR 13 Trane 4TTR3024B 1000AA 8435RGC1 F Next Unit East Condensing Unit XR 13 Trane 4TT3036B 1000AA 93155945F Next Unit East Condensing Unit XR 13 Trane 4TT3024A 1000AA 8433WWF5F Next Unit East Condensing Unit XR 13 Trane 4TT3048B 1000AA 9313M314F Next Unit East Condensing Unit XR 13 Trane 4TT3024A 1000AA 8433WDH5F Northside East End 006SC78033 Apparatus Floor Exhaust Fan EF3 Cook 225SOI 225501B -00/0001801 Northwest Exhaust Fan EF4 Unknown Hose Tower Top Exhaust Fan EF1 Unknown Elevator Room Basement Apparatus Floor Breathing Exhaust Fan EF6 Unknown Air Toilet Ex Fan TE -1 Unknown Roof Kitchen Exhaust Fan KT -1 Unknown Roof Supply Air Handler For Apparatus Gear Washer Room Floor Apparatus Floor Exhaust Fan For Apparatus Floor NW Corner Apparatus Floor 1 B & G Pump B & G 2" BRONZE 1/6 HP 2nd Floor Equipment Room Water Heater DWT 1 AO. Smith HWG 125 128433-1-09 2nd Floor Equipment Room Glycol Pump Berkley 54L-30H10SD �/2 HP 2nd Floor Equipment Room Heat Exchanger Triangle HX 1 Tube NA NA NA Apparatus Floor Northeast PN2059004/ Pump CP2 Wilo TOP 5.1.5X30 0510 Apparatus Floor Northeast HVAC MAINTENANCE CONTRACT 2020-2023 13 17 FIRE STATION 14 - 2000 E. Kensington (continued) TYPE OF MAKE MODEL NO. SERIAL HP OR LOCATION EQUIPMENT MAKE MODEL NO. SERIAL NO. TONS OF EQUIP 3 RTU's Carrier 48HJ004007 B09H10094509 Apparatus Floor Pump CP4 Wilo TOP 5.1.5X30 PN2067561/09W34 Northeast Chiller MutiVair MPL-A 2200 ECA.OEI/CHP.SS 13 - ES.MT T09 N 52789 Apparatus Floor Pump CP3 Wilo 1.5X3-40 PN2085593/09W26 Northeast 1711 ALGONQUIN ROAD (Community Connections Center) TYPE OF MAKE MODEL NO. SERIAL HP OR LOCATION EQUIPMENT Knight KBN 210 NO. TONS OF EQUIP 3 RTU's Carrier 48HJ004007 B09H10094509 Roof 1720 W. CENTRAL ROAD (EOC building) TYPE OF EQUIPMENT MAKE MODEL NO. SERIAL NO. HP OR TONS LOCATION OF EQUIP Boiler Leader Knight KBN 210 L08H10091543 Boiler Room Boiler Member 1 Kni ht KBN 210 B09H10094509 Boiler Room Air Handler Trane MCCB010VAOADUA K091-127417 Boiler Room Chiller MutiVair MPL-A 2200 ECA.OEI/CHP.SS 13 - ES.MT T09 N 52789 West Side Pump B & G C0936 -33-01J90 Boiler Room 2 Pumps Grundfos TYP UPS 26 -99 -PC Boiler Room Glycol Pump & Tank GMP KIT 1/3 1261 Boiler Room Split System Air Handler Sano KS 1271 01084.91 Computer Room Condenser Sano CL1271 0096994 West Side HVAC MAINTENANCE CONTRACT 2020-2023 14 W 301 S. MAPLE (Parking Garage Opening Aug 20201 TYPE OF SERIAL HP OR LOCATION EQUIPMENT MAKE MODEL NO. NO. TONS OF EQUIP LL Level Split System Carrier 40MKCB Elevator Room LL Level Split System Carrier 40MKCB Electrical Room HVAC MAINTENANCE CONTRACT 2020-2023 15 19 SCHEDULE HVAC MAINTENANCE CONTRACT 2020-2023 16 20 MAINTENANCE LOG MP Public Works HVAC Forced Air Preventive Maintenance Log Circle one: VH /Police /Public Works / St #13 / St #12 / St#14 /CCC / RR/ 10 Pine Circle one: R.T.U. UNIT # 1 2 3 4 5 6 7 8 or Please complete 1 sheet per unit per preventive maintenance inspection and turn in to Public Works. YEAR: 20 Spring Summer Fall Winter Date &Initials: Outside Air Temp Check T-Stat Operations, verify all modes work with RTU Tighten Electrical Connections Check Compressor Operations Check Compressor Heater Amp Reading Volt Reading Hose Down Condenser Coils (inside and out) *2nd/3rd week of June Inspect Condenser Motor Record Low Side Press. with A/C ON Discharge temp while A/C ON Record High Side Press with A/C ON Condenser Fan Temp while A/C On Check Refrigeration Lines. (Repair Insulation, Clean oil leaks Etc. Check Indoor Blower (Replace Belts as needed / Grease if Required Etc. Do we haves are belts on site? Clean Evaporator Coil Clean Condensate Pan & P -Trap Empty P -Trap, prevent drain line from freezing Verify Economizer is working properly Check Filters, Change if needed Clean Fresh Air Intake Filter Check Induction Motor Operation Check H -Exchanger for cracks Check Heat Ignition System/Flame Verify Extra Igniters are in Stock on Site Wipe Down Unit Inside and Out, Clean bearing area from excessive grease. Perform General Housekeeping **Please place notes on back HVAC MAINTENANCE CONTRACT 2020-2023 17 21 1. RECEIPT OF PROPOSALS Sealed bid proposals to provide HVAC Maintenance Services must be received in the Village Manager's Office, at 50 South Emerson Street 3rd Floor, Mount Prospect, Illinois 60056, no later than 1:00p.m. on August 10, 2020 Bids arriving after that time will not be accepted. Mailed bids, which are delivered after the specified hour, will not be accepted regardless of postmarked time on the envelope. Electronic mail (email) and/or facsimile transmitted bids will not be accepted. All bid proposals will be publicly opened and prices read aloud thereafter on the same date at the Mount Prospect Village Hall, 50 South Emerson Street, Mount Prospect, Illinois. 2. HOW TO SUBMIT A BID The bid proposal must be delivered in a sealed envelope to the Village Hall and marked to the attention of the "Village Manager". The bid proposal must be clearly marked: Sealed Bid "HVAC Maintenance Contract 2020-2023" and the date of the bid opening. No proposal will be considered unless it is submitted on the bid proposal form, Exhibit A, included in this bid packet. The bid proposal must be typewritten or legibly completed in ink. Any erasures or revisions in the bid proposal must be initialed by the person signing the proposal. Should a bidder wish to qualify his bid or make special stipulations thereto, such qualifications or stipulations shall be stated on standard letter size sheets of paper, separate from the proposal form but included within the sealed proposal. It will be the sole responsibility of the bidder to ensure that his or her bid reaches the Mount Prospect Village Manager's Office on or before the deadline for bid submissions set forth above. Any bid that is not sealed or marked as specified in the requirements for submitting a bid will be disqualified from the bidding process. 3. QUALIFICATION OF BIDDERS To be entitled to consideration, bids must be submitted in accordance with this Notice to Bidders and the "Village of Mount Prospect Instructions to Bidders", and on the Proposal Form (Exhibit A). In addition, bidders must be licensed to do business in the Village of Mount Prospect, and must furnish satisfactory evidence of their professional experience and ability to meet the performance requirements of the HVAC Maintenance Contract 2020-2023 (Exhibit B). 4. AWARD OF CONTRACT TO SUCCESSFUL BIDDER HVAC MAINTENANCE CONTRACT 2020-2023 18 22 The Village of Mount Prospect will be the sole interpreter of all bid documents, and reserves the right to make its own assessment of bids received; to reject any and all bids; to waive irregularities and technicalities in the bids; to further negotiate details of the contract with the low bidder after award of the contract; and to award the contract based upon its consideration of the following criteria as well as relevant statutory provisions: a) Lowest responsible bidder. b) The ability, capacity, and skill of the bidder to perform the contract to provide the service required. c) Whether the bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference. d) The character, integrity, reputation, judgment, experience, and efficiency of the bidder. e) The quality of performance of previous contracts. f) The previous and existing compliance by the bidder with laws and ordinances relating to the contract. g) The sufficiency of the financial resources and ability of the bidder to perform the contract and provide the service. h) The ability of the bidder to provide future maintenance and service. i) The number and scope of conditions attached to the bid. j) Whether the bidder has a place of business in the Village. k) Responsiveness to the exact requirements of the invitation to bid. 1) Ability to work cooperatively with the Village and its staff. m) Past records of the bidder's transactions with the Village or with other entities as evidence of the bidder's responsibility, character, integrity, reputation, judgment, experience, efficiency and cooperativeness. n) Such other factors as would be in the best interest of the Village and its operations. The Village of Mount Prospect may make such inspections, as it deems necessary, including the right to inspect all bidder worksites related to the bid. HVAC MAINTENANCE CONTRACT 2020-2023 19 23 5. CONTRACT The specifications and terms for award of this contract include all of those set forth in this Notice to Bidder, the Instructions to Bidder, the Proposal Form (Exhibit A), the Specifications, the General Conditions, the Bid Form, the Affidavit — Bid Certification Form, the Bid Security Form, the Bid Sheet and "HVAC Maintenance Contract 2020-2023" (Exhibit B). The successful bidder will be required to execute the HVAC Maintenance Contract 2020-2023 or the duration specified in that contract and the successful bidder's submitted Bid Proposal Form will be attached to and incorporated into that Contract. HVAC MAINTENANCE CONTRACT 2020-2023 20 24 INSTRUCTIONS TO BIDDERS To be entitled to consideration, bids must be made in accordance with the following instructions: 1. The Village of Mount Prospect reserves the right to reject any or all bids, or any part thereof, or to accept any bid or any part thereof, or to waive any information in any bid when, it its opinion, the best interest of the Village will be served by such action. 2. Bidders may withdraw or cancel their bid, in written form, at any time prior to the advertised bid opening time. Any bid submitted will be binding for 90 calendar dam after the date of bid opening. No plea of ignorance by the bidder as to the conditions that exist or that may exist hereafter as a result of failure or omission on the part of the bidder to make the necessary examinations and/or investigations will be accepted as a basis for varying the requirements of the Village or the compensation to the bidder. 3. Bids must be signed by an authorized official of the organization submitting the bid with the name of the official and his/her title typed below the signature. 4. All bidders must submit the following information on or before the deadline for bid submittal: (a) the location of the bidder's permanent place of business; (b) evidence of the ability to provide an efficient and adequate plan for executing the services requested; and (c) any additional evidence tending to show that the bidder is prepared adequately to fulfill the contract. 5. Bidders shall include with their bid, on a separate attachment to the bid, the names of three (3) references regarding their qualifications by experience, ability, personnel and equipment to perform the services required by the bid specifications. The references must include company name, address, contact person and telephone number. The Village reserves the right to reject bids not accompanied by the required references. 6. All bidders agree that a complete background investigation of the principals of the bidder and all employees who will perform the required services on behalf of the bidder will be made. Bidders agree to cooperate with the appropriate Village personnel to supply all the necessary information to complete the background inquiries. The Village, at its complete discretion, may disqualify any Bidder, including a low Bidder, and may void any contract previously entered into based upon its background investigation. 7. No bid will be accepted from or contract awarded to any person, firm or corporation that is in arrears or is in default to the Village upon any debt or contract, or that is a defaulter, as surety or otherwise, upon any obligation to the Village or has failed to perform faithfully any previous contract with the Village within two (2) years prior to the date of the invitation to bid. HVAC MAINTENANCE CONTRACT 2020-2023 21 25 8. All bid submittals must include a signed Bid Certification Form (copy attached) certifying non -collusion in the bid, and that the bidder is in compliance with Sections 33E-3 and 33E-4 of the Illinois Criminal Code regarding bid rotating and bid rigging (720 ILCS 5/33E-3 and 5/33E-4); compliance with the Illinois Drug Free Workplace Act (30 ILCS 580/1 et seq.; that it is not delinquent in the payment of taxes (65 ILCS 5/11-42.1); and that it has a written sexual harassment policy in place in full with the Illinois Human Rights Act (775 ILCS 5/2-105, as amended). 9. Any bidder in doubt as to the true meaning of any part of the Specifications or other did documents shall submit a written request for interpretation to Scott Moe no later than five (5) calendar days prior to the date set for the opening of the bid. Any questions received after that time may be answered at the discretion of the Village. In the event that the Village finds a question to be adequately addressed in the existing bidding documents, the question may be answered in writing by directing the requesting bidder to the applicable provision(s) in the existing bid documents. No further clarifications or interpretations will be issued. Bidders will acknowledge receipt of any addendum issued by so noting on the bid sheet. Oral explanations are not binding. 10. Prices shall be provided for each service required to be performed under the contract. 11.All equipment and material bid shall be in accordance with all applicable federal, state and local laws, rules and regulations in effect at the time of the bid. 12. Bids will be considered on equipment or material complying substantially with the specifications, provided each deviation is stated and the substitution is described, including technical data when applicable, in a letter attached to the bid. The Village reserves the right to determine whether such substitutions or deviations are within the intent of the specifications and will reasonably meet the service requirements of the applicable Village Department. Brand names which may be mentioned in the specifications do not indicate a preference and are used only as a reference to the type and quality of materials or equipment desired. 13.The brand name and/or manufacturer of each item proposed must be clearly stated. Guarantee and/or warranty information must be included with this bid. 14. Unless otherwise directed by the Specifications, all materials, equipment and services provided will meet standards or requirements which would normally be anticipated in common practice. The bidder guarantees that all applicable federal, state and local laws, including the federal Occupational Safety and Health Act ("OSHA"), are being complied with in connection with the bid and any resultant contract or purchase by the Village. 15.All municipal, county, and State of Illinois sales taxes and federal excise taxes, which are NOT applicable to sales to the Village of Mount Prospect, must be excluded from bid prices. HVAC MAINTENANCE CONTRACT 2020-2023 PA 26 16. Prices shall be stated in units when applicable and quotation made on each item separately. In case of conflict, unit price shall govern. 17. Bidders must be sure to specify any terms which they wish to offer in the space provided. Cash discounts will be deducted from the base bid in determining the low bidder. 18.A bid deposit in the amount of ten percent (10%) of the total bid amount, payable to the Village, is required, unless otherwise stated in the bid package. The deposit must be in the form of a bid bond, certified check, or a bank cashier's check. All bid performance deposit checks will be retained by the Village until the bid award is made, at which time the checks will be promptly returned to the unsuccessful bidders. The bid performance deposit check of the successful bidder will be retained until surety bonding requirements have been satisfied and proof of insurance coverage is provided. 19. In case of default by the bidder, the Village may procure the services from other sources and may deduct the cost of such services from the unpaid balance due the bidder, or may collect against the bond or surety for excess costs so paid, and the prices paid by the Village shall be considered the prevailing market price at the time such purchase is made. 20. The bidder shall hold the Village, its officers, employees and agents, harmless from liability of any nature or kind on account of the Village's use of any copyrighted or uncopyrighted composition, trade secrets, secret process, proprietary rights, patented or unpatented invention, article or appliance furnished or used under the bid specifications. 21. The successful bidder is specifically denied the right of using in any form or medium the name of the Village for any advertising, promotion or reference unless express written permission is granted by the Village. 22. The opaque envelope containing the bid shall be marked plainly, *SEALED BID" — along with the HVAC Maintenance Contract 2020-2023, and date of the bid opening. (See also Notice to Bidders requirements). 23. The bidder's submittal shall include the completed Proposal Form. The Village will strictly hold the bidder to the terms of the Proposal Form. The Proposal Form must be executed by a person having the legal right and authority to bind the bidder. Questions about this request for bids should be directed to: Scott Moe Streets &Buildings Superintendent Phone: 847.870.5640 Email: smoe(&-mountprospect.orq HVAC MAINTENANCE CONTRACT 2020-2023 23 27 GENERAL CONDITIONS A. Award of Contract; Performance; Payment 1. The Village will issue a Notice of Award to the successful bidder, advising that it has been awarded the contract. Within ten (10) business days of delivery of the Notice of Award, by personal service or registered or certified U.S. Mail, postage prepaid and receipt requested, the contractor shall execute the contract, attached to the Bid Documents, and furnish the Village with the required bonds and certificate of insurance. 2. Upon the Village's receipt of the executed contract, required bonds and certificate of insurance, the Village will issue and send to the contractor a Notice to Proceed that will start the performance period. 3. This Contract shall be in effect beginning September 1st, 2020, and shall remain in effect until December 31, 2023, unless terminated by either party under the conditions specified in Section 10, Contract Termination. The Contract may be extended for up to one (1) year period beyond the termination date by mutual, written agreement between the Village and the Contractor. 4. The Contractor shall submit with each payment request 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, and for every party listed a full or partial waiver of lien, as appropriate. Beginning with the second payment request, and with each succeeding payment request, the Contractor shall submit Contractor's Affidavits and partial waivers of lien for each subcontractor and supplier showing that the amount paid to date to each is at least equivalent to the total value of that subcontractor's work, less retainage, included on the previous payment request. 5. If final payment is requested, the Contractor shall submit 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, and a full and final waiver of lien for the full amount of the Work, less retainage. The Contractor shall assign over to the Village all manufacturers' and suppliers' warranties respecting any part of the Work. 6. PREVAILING WAGE. This contract calls for the construction of a "public work" within the meaning of the Illinois Prevailing Wage Act, 820 ILCS 130/1, et seq., as amended (the "Act"). The Contractor and all subcontractors are required to pay wage rates in accordance with the Act to all laborers, workers and mechanics. The Village has adopted the prevailing wages as determined by the Illinois Department of Labor ("IDOL") for Cook County. The prevailing rate of wages is revised by the IDOL and is available on the IDOL website, www.state.i1.us/agency/idol/rates.HTM. HVAC MAINTENANCE CONTRACT 2020-2023 24 W The Contractor and all subcontractors are solely responsible for checking the Department's website for revisions to prevailing wage rates. In the event that the IDOL should revise the prevailing rate of wages, then the revised rates shall apply to this Contract. In no case shall any revision in the rates of prevailing wages result in an increase in the total Contract price. All bonds provided by the Contractor under the terms of this Contract shall include such provisions as will guarantee the faithful performance of the Contractor's obligations under this clause and under the Prevailing Wage Act, 820 I LCS 130/1 et. seq . Contractor shall comply with all applicable provisions of the Prevailing Wage Act, including, but not limited to, the requirements of Section 5 of the Prevailing Wage Act, 820 ILCS 130/5. The Contractor, and all Subcontractors and Sub -Subcontractors participating on the Project, shall make and keep those records required under Section 5 of the Prevailing Wage Act in paper or electronic format. In conformance with the Act, each contractor and subcontractor, or other entity performing work on the project, shall maintain records of all laborers, mechanics and other workers employed by them on the project, including the following information on each worker: (1) name; (2) address; (3) telephone number when available; (4) social security number; (5) classification or classifications; (6) gross and net wages paid in each pay period; (7) number of hours worked each day; (8) starting and ending times of each day; (9) hourly wage rate; (10) hourly overtime wage rate; (11) hourly fringe benefit rates; (12) the name and address of each fringe benefit fund; (13) the plan sponsor of each fringe benefit, if applicable; and (14) the plan administrator of each fringe benefit, if applicable. These records shall be kept by the participating contractor and subcontractor for a period of not less than five (5) years from the date of last payment on the contract or subcontract. No later than the 15th day of each calendar month, each participating contractor and subcontractor shall submit a monthly certified payroll to the Village consisting of the above - referenced information as well as a statement signed by the participating contractor or subcontractor that certifies: (a) the records are true and accurate; (b) the hourly rates paid to each worker is not less than the general prevailing rate of hourly wages required under the Prevailing Wage Act; and (c) the contractor or subcontractor is aware that filing a certified payroll that he or she knows to be false is a Class A misdemeanor. 7. The Village reserves the right to alter the scope of the required services to be performed, add such incidental services as may be necessary and increase or decrease the services to be performed to accord with such changes, including the deduction or cancellation of any one or more or the services. Such changes shall not be considered as a waiver of any condition of the contract nor to invalidate any of the provisions thereof. 8. The performance of the required services shall be done under the supervision of the Village's Director of Public Works or his/her designee who shall decide all questions that arise as to the quality and acceptability of HVAC MAINTENANCE CONTRACT 2020-2023 25 29 materials furnished, services performed, manner of performance, acceptable fulfillment of the contract, compensation and the disputes and mutual rights between contractors under the Specifications. 9. If the contractor fails to begin providing the services within the specified time, or fails to perform these services in accordance with the terms of the approved schedule or performs the services in a manner unacceptable to the Village, or if the contractor becomes insolvent or is declared bankrupt, or makes an assignment for the benefit of creditors, or from any other cause fails to perform the required services in a manner required by the contract, the Village shall give notice to the contractor and its surety in writing specifying such failure, delay, neglect, refusal or default, and if the contractor, within a period of ten (10) calendar days after the giving of such notice, does not proceed in accordance therewith, then the Village shall have the full power and authority to declare the contract and the contractor in default, and to forfeit the rights of the contractor in the contract. 10. All costs and charges incurred by the Village, together with the cost of performing the required services shall be deducted from any monies due or which may become due to the contractor under the contract. Following any payment due and received by the Village from the contractor's surety following default, if the expense so incurred by the Village is less than the sum paid to the Village by the surety under this contract for the performance of required services during the contract period, the surety shall be entitled to receive the excess difference paid to the Village. When such contractor default costs incurred by the Village exceeds the sum paid to the Village for the performance of the required services under the contract, the contractor and the surety shall be liable and shall pay to the Village the full cost of such additional expenses. B. Performance of the Required Services 1. The contractor shall exercise every precaution at all times for the protection of persons and properties. The safety provisions of all applicable laws and ordinances shall be strictly observed. Any practice obviously hazardous, in the opinion of the Director of Public Works or his authorized representative, shall be immediately discontinued by the contractor upon his receipt of instructions from the Director of Public works or an authorized representative to discontinue such practice. 2. The performance of services under the contract includes the furnishing of all supervision, labor, materials, tools, equipment and incidentals of every kind and description necessary, in accordance with the contract documents. 3. The performance of services shall be subject at all times to inspection by the Village or its inspectors, and the contractor will be held strictly to the diligent execution of the contract.The Village or its inspectors shall be furnished with such information and assistance by the contractor as is required to make a complete and detailed inspection. Completed HVAC MAINTENANCE CONTRACT 2020-2023 26 W performance of services not complying with the contract may be rejected by the Village and shall be performed again by the contractor at no expense to the Village. 4. Except where the Specifications indicate otherwise, the Village is not responsible for providing any tools, equipment, or storage under the contract in order to permit the completion of any contractual obligations under the contract. 5. The contractor shall provide an adequate number of competently trained personnel with sufficient supervision to perform the services required, and the contractor shall provide identification of its personnel if requested by the Village. Any contractor's employee or representative whose employment is reasonably detrimental or objectionable to the Village shall be transferred immediately from the work site upon the Village's request. The exercise of this option shall not be construed as placing the Village in charge of the performance of the services required under the contract, or as making the Village responsible for safety. All tools or equipment required to carry out the operations within the scope of the contract shall be provided by the contractor, and shall meet the standards of OSHA and the State of Illinois safety codes as may be required by law. The Village reserves the right to inspect the equipment that will be used prior to the award of the bid. 6. The contractor shall at all times have a competent person in charge of its work crew at the job site to whom the Village representative may issue directives. Such person shall be competent in the English language. C. Bond; Insurance; Indemnification 3. Insurance Requirements. In the submission of a bid, the bidder is certifying that it has all the insurance coverage required by law or that would normally be expected for the bidder's type of work. In addition, the bidder is certifying that, as the successful bidder/contractor, upon execution of the contract, it will provide insurance of such types and in such amounts as may be necessary to protect itself and the interests of the Village against all hazards or risks of loss contemplated by the contract. The Village shall be named as an additional insured on all applicable insurance policies. Satisfactory certificates of insurance shall be filed with the Village upon execution of the contract. The certificates shall state that thirty (30) days advance written notice will be given to the Village before any policy covered thereby is changed or canceled. HVAC MAINTENANCE CONTRACT 2020-2023 27 31 Insurance coverage shall be in the following minimum amounts: Limit/ Limit/ Type of Insurance Ea. Occurrence Aggregate General Liability Bodily Injury $1)000Y000 $31000)000 Property Damage $1,000,000 $3,000,000 Contractual Ins. $1,000,000 $3,000,000 Automobile Liability Bodily Injury $1)0007000 $1)0003000 Property Damage $1,000,000 $1,000,000 Workers Compensation Employee Claims Employers Liability Statutory for Illinois $1,000,000 per accident 4. Indemnification. The contractor shall indemnify and save harmless the Village, its officers, employees and agents from any and all liability, losses or damages, including attorney's fees and costs of defense, the Village may suffer as a result of claims, demands, suits, actions or proceedings of any kind or nature, including workers' compensation claims, in anyway resulting from or arising out of the operations of the contractor under the contract, including operations of subcontractors; and the contractor shall, at his own expense, appear, defend and pay all attorney's fees and all costs and other expenses arising therefrom or incurred in connection therewith; and, if any judgments shall be rendered against the Village in any such action, the contractor shall, at his own expense, satisfy and discharge same. The contractor expressly understands and agrees that any bonds, letters of credit or insurance protection required by the contract, or otherwise provided by the contractor, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the Village as herein provided. The contractor agrees to defend and hold harmless the Village from and against all demands, claims, suits, costs, expenses, damages and adjustments based upon any infringement of any patent relating to goods specified in the contract, and on account of the Village's use of any copyrighted or uncopyrighted, composition, trade secrets, secret process, proprietary rights, patented or unpatented invention, article or appliance furnished or used under the bid Specifications. D. Compliance with Laws 1. If, at any time, it shall be found that the person, firm or corporation to whom the contract has been awarded has, in presenting any proposal or proposals, unlawfully colluded with any other party or HVAC MAINTENANCE CONTRACT 2020-2023 28 32 parties, then the contract so awarded shall be null and void, and the consultant and his sureties shall be liable to the Village for all loss or damage which the Village may suffer thereby, and the Village may advertise for new bids for performance of the required services. 2. The contractor shall, at all times during the life of this contract, observe and abide by all federal, state and local laws which in any way affect the conduct of the work and with all decrees and orders of courts or agencies of competent jurisdiction. Likewise, said contractor shall be governed by all municipal ordinances and regulations which in any way affect the conduct of the work. The contractor shall indemnify and save harmless the Village, its officers, agents and employees against any claim or liability arising from or based on his violation of any law, ordinance, regulation, decree or court order. The bidder and contractor, as the successful bidder, shall comply with all applicable federal, state and local laws, including, but not limited to, the following: a. Bid Rigging/Rotating. By submitting a bid, the contractor certifies that no owner, officer or director is barred from contracting with any unit of state or local government as a result of violating the bid rigging or bid rotating provisions contained in 720 ILCS 5/33E-3 & 33E-4. b. Tax Payment. The contractor certifies that it is not delinquent in the payment of any taxes to the Illinois Department of Revenue pursuant to 65 ILCS 5/11-42.1-1. C. Drug Free Workplace Act. The contractor will comply with the requirements of the Drug Free Workplace Act if the contract is $5,000 or more, and it has more than 24 employees at the time of entering into the contract pursuant to 30 ILCS 580, et seq. d. Preference to Veterans Act. The contractor will comply with the Preference to Veterans Act, 330 ILCS 55, et seq. f. Non -Discrimination. The contractor will comply with the Illinois Public Works Employment discrimination Act, 775 ILCS 10/1, et seq. g. Equal Employment Opportunity. The contractor will comply with Article 2 of the Illinois Human Rights Act (775 ILCS 5/2- 101, et seq.), including establishment and maintenance of a sexual harassment policy as required by Section 2-105 that will be produced to the Village upon request, and the Rules and Regulations of the Illinois Department of Human rights, HVAC MAINTENANCE CONTRACT 2020-2023 29 33 including the EQUAL EMPLOYMENT OPPORTUNITY CLAUSE, that is a material term of all public contracts, as set forth in Exhibit B. h. Compliance with Freedom of Information Act Request. Section 7 of the Illinois Freedom of Information Act (FOIA), 5 ILCS 140/7, applies to public records in the possession of a party with whom the Village has contracted. The Village will have only a very short time from receipt of a FOIA request to comply with the request and there is a significant amount of work required to process a request including collating and reviewing the information. The bidder/contractor acknowledges the requirements of FOIA and agrees to comply with all requests made by the Village for public records (as that term is defined by Section 2(c) of FOIA) in the undersigned's possession and to provide the requested public records to the Village within two (2) business days of the request being made by the Village. The bidder/contractor agrees to indemnify and hold harmless the Village from all claims, costs, penalties, losses and injuries (including but not limited to, attorney's fees, other professional fees, court costs and/or arbitration or other dispute resolution costs) arising out of or relating to its failure to provide public records to the Village under the contract. E. Work Guaranty 1. Fidelity Bond. A blanket fidelity bond for $100,000, a copy of which shall be given to the Village, must cover all employees, as required by the Village, depending on the services to be performed. 2. General Guaranty. Neither partial or final payment, nor any provision in the contract, nor partial or entire use of the product/Work embraced in the contract by the Village or the Public shall constitute an acceptance of work not done in accordance with the contract, or relieve the contractor of liability in respect to any express warranties or responsibility for failure to comply with the terms of those contract documents. Unless otherwise expressly provided in the Specifications, in the event any defects or imperfections in the materials or workmanship to be furnished by the contractor herein appear within the period of two (2) years from the date of completion of all the Work and acceptance thereof by the Village, the contractor will, upon notice from said Village (which notice may be given by letter to said contractor to the business address of the contractor shown in the proposal), repair and make good at his own cost any such defects or imperfections and replace any defective or imperfect materials or workmanship with other materials or workmanship satisfactory to said Village, and furnish all such new HVAC MAINTENANCE CONTRACT 2020-2023 all M materials and labor as may be necessary to do so; and in the event of the failure, refusal or delay of said workmanship or materials said Village may do so or have same done by others, and said contractor and surety or sureties on the bonds given for the faithful performance of the contract shall be liable to the Village for all damages and expenses occasioned by such failure, refusal or delay. All details of warranties shall be included with the bid. Warranty work shall be at no additional expense to the Village. Manufacturer warranties and guaranties shall be submitted with the bid and shall be considered a part of the contract where such specifications meet the minimum bid Specifications. F. Miscellaneous Contract Requirements 1. Contract Alterations. No amendment of a contract shall be valid unless made in writing and signed by the Village President, Village Manager or their authorized representative. 2. Licenses and Permits. The contractor shall procure at its own expense all the necessary licenses and permits in connection with the work under the contract. 3. Nonassignability. The contractor shall not assign the contract, or any part thereof, to any other person, firm or corporation without the previous written consent of the Village. Such assignment shall not relieve the contractor from its obligations or change the terms of the contract unless agreed by the Village at its sole discretion. 4. Notices. All notices required by the contract shall be given in writing. 5. Taxes. The contractor shall pay all federal, state and local taxes as may be applicable on all materials, labor and services furnished by it under the contract, and the amounts of such taxes shall be included in the unit prices bid. HVAC MAINTENANCE CONTRACT 2020-2023 31 35 EXHIBIT A (Upon award of contract, to be attached to HVAC MAINTENANCE CONTRACT 2020-2023 as Exhibit A) Proposal Form Village of Mount Prospect HVAC MAINTENANCE CONTRACT 2020-2023 OWNER INFORMATION Owner Name: Address: Business Name: Business Address: Home Phone: Business Phone: This Business is a: ❑ Individual Proprietorship ❑ Joint Venture ❑ Partnership ❑ Corporation If applicable, give names, addresses, and dates of birth of all partners, officers or directors. Name Address Has the applicant, business, or member of the business ever had a license or contract revoked, suspended or cancelled? ❑ YES ❑ NO If yes, explain in full detail on a separate sheet of paper. Does the business currently hold a license or have a contract with any other municipality for service? ❑ YES ❑ NO HVAC MAINTENANCE CONTRACT 2020-2023 32 W If yes, explain in full on a separate sheet of paper. Have any complaints against the business been filed with the Illinois Commerce Commission, the Office of the Illinois Attorney General, or any other governmental body during the period of one year prior to the date of this proposal? ❑ YES ❑ NO If yes, explain in full on a separate sheet of paper. Please note, the Village reserves the right to conduct its own search with the Illinois Commerce Commission, the Illinois Attorney General, or any other governmental body, and may take into consideration any complaints and/or pending complaints made against the business or owner. Services will be either full service cleaning, both inside and outside, or just outside cleaning. In submitting this Proposal Form requesting award of the Village of Mount Prospect HVAC Maintenance Contract 2020-2023 1 hereby certify that: 1. I will not assign or subcontract window cleaning services for the Village without prior written approval of the Corporate Authorities of the Village of Mount Prospect; 2. Neither I, nor any person who will be working on my behalf, has been convicted under the laws of Illinois or any other state of an offense which under the laws of this state would be a felony involving the theft of property, violence to persons, or criminal damage to property. Please note that in the case of a person whose last conviction was more than two years past, and can demonstrate a compelling showing that he/she is nevertheless fit, such person or operator may be approved by the Village Manager if otherwise eligible; 3. 1 am not barred by law from contracting with the Village because of a conviction for prior violations of either Sections 33E-3 or 33E-4 of the Illinois Criminal Code of 1965 (720 ILCS 5/33E-3 (Bid Rigging) or 720 ILCS 5/33-4 (Bid Rotating)); 4. 1 am not delinquent in payment of any taxes to the Illinois Department of Revenue pursuant to Section 11-42.1-1 of the Illinois Municipal Code (65 ILCS 5/11-42.1-1) or in any payment, fee or tax owed to the Village; 5. 1 provide a drug free workplace pursuant to the Drug Free Workplace Act (30 ILCS 580/1, et 6. 1 shall comply with Article 2 of the Illinois Human Rights Act (775 ILCS 5/2-101, et seq.), and the Rules and Regulations of the Illinois Department of Human Rights, including establishment and maintenance of a sexual harassment policy as required by Section 2-105 of that Article and Act; 7. 1 shall comply with the Americans with Disabilities Act; 8. 1 shall comply with the Illinois Public Works Employment Discrimination Act (775 ILCS 10/1 et seq.); and HVAC MAINTENANCE CONTRACT 2020-2023 33 37 9. All of the information I have provided in this Application has been truthful and given in good faith. have read and understand the information provided with this Proposal Form, including the Notice to Bidders, Instructions to Bidder, the General Conditions, the Specifications and the HVAC Maintenance Contract 2020-2023 and agree to abide by the conditions set forth therein. My signature below indicates my acceptance of all such conditions and my bid for award of the Village of Mount Prospect HVAC Maintenance Contract 2020-2023. Name of Company Bid Submitted By Position in Company Phone No. Date Bidder must use the official firm name and authorized representative must sign. HVAC MAINTENANCE CONTRACT 2020-2023 34 FROM: BID FORM HVAC Maintenance Contract 2020-2023 (hereinafter called "Bidder") TO: Office of the Village Manager, 3rd Floor 50 South Emerson Street Mount Prospect, Illinois 60056 (hereinafter called "Village" or "Village of Mount Prospect") HVAC Maintenance Contract 2020-2023 The bidders have familiarized themselves with the services to be performed and probable work conditions required under this Bid affecting the cost of the performance of the required services and with the Bid Documents which include: Notice to Bidders Table of Contents Instructions for Bidders General Conditions and Special Provisions Specifications Bid Form Affidavit — Bid Certification Form Bid Security Bid Sheet — Cleaning Service Contract Contract Document Therefore, the Bidder hereby proposes to furnish all supervision, technical personnel, labor, materials, tools, equipment, and services (including all utility and transportation services) required to perform the required services, all in accordance with the above listed documents. Bidder agrees to perform all of the required services and provide the equipment and materials described in the Bid Documents, as follows: Bidder has bid on all items and has provided a price for all requested services. The Bidder acknowledges it understands all the requested services for which it has submitted a bid. The Bidder will complete and provide all labor, equipment, materials and mobilization (if applicable) to perform the required services as incidental to the fixed item price for each item proposed. In submitting this bid, the Bidder understands that the Village reserves the right to add to or subtract from the estimated quantities. HVAC MAINTENANCE CONTRACT 2020-2023 35 39 The Village intends to award one (1) contract (if at all) for the items bid. If written notice of award of this bid is mailed, emailed or otherwise delivered to the Bidder at any time before this bid is withdrawn, the Bidder agrees to execute and deliver the contract in the prescribed form and furnish payment and performance bonds, or letter of credit, and the insurance certificates required by the Bid Documents to the Village within ten (10) business days after receipt. The Bidder, and as successful bidder/contractor upon award of the contract, understands and agrees to the following: 1) The contractor agrees to provide all required services and items and material to the Village as noted in the Bid Documents and comply with the requirements of the Bid Documents. 2) The contractor agrees to comply with all applicable federal and state laws, rules and regulations, and county and municipal ordinances, as described in the General Conditions. All Addenda pertaining to this project shall be acknowledged by the Bidder in the spaces provided below: Addendum No. Addendum -Date Acknowledgement by Bidder or Authorized Representative Date Acknowledged Failure to acknowledge receipt, as provided above, may be considered sufficient grounds for disqualification of the bidder and rejection of his/her bid submittal. A record of all Addenda and copies of same will be available to all qualified bidders from the Village of Mount Prospect Public Works Department, 1700 West Central Road, Mount Prospect, Illinois two (2) days prior to the letting. It shall be the Bidder's responsibility to become fully advised of all Addenda prior to submitting its bid. Upon award of the contract, the Village will send Notice of Award to the successful Bidder, the Bidder must then execute the contract and provide the required bonds or letter of credit and certificate of insurance to the Village within ten (10) business days. The Village will then issue a written Notice to Proceed. Failure to complete the work in the designated time frame may result in the Director of Public Works withholding compensation due the contractor for failure to complete the said work in the designated time frame, calling the bonds, or taking such other action as may be available. Security in the sum of ten (10%) percent of the amount bid in form of (check one): Bid Bond Certified Check Bank Cashier's Check is attached hereto in accordance with the "Instructions for Bidders' . HVAC MAINTENANCE CONTRACT 2020-2023 m all This Bid Submittal contains the following: 1) Bid Form 2) Affidavit — Bid Certification Form 3) Bid Security 4) BID SHEET(S) — HVAC Maintenance Contract 2020-2023 Respectfully submitted: Name of Firm/Bidder: By: _ Title: Date: Contact Information: Official Address: Telephone: Email: (Signature) ONE (1) SIGNED COPY OF THIS BID FORM AND BID SHEETS (Pages 35-42) ALONG WITH THE AFFIDAVIT — BID CERTIFCATION FORM, AND BID SECURITY SHALL BE SUBMITTED IN A SEALED MARKED ENVELOPE. HVAC MAINTENANCE CONTRACT 2020-2023 37 41 AFFIDAVIT - BID CERTIFICATION FORM Bidder: Company/Firm Name: Address: As a condition of entering into a contract with the Village of Mount Prospect, and under oath and penalty of perjury and possible termination of contract rights and debarment, the undersigned, being first duly sworn on oath, deposes and states that he or she is (sole owner, partner, joint ventured, President, Secretary, etc.) of and has the authority to make all (Name of Company) certifications required by this affidavit. Section I Non -Collusion The undersigned certifies that this bid is genuine and not collusive or a sham, that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any bidder or person, to put in a sham bid or to refrain from bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication or conference with any person, to fix the bid price element of this bid, or of that of any other bidder, or to secure any advantage against any other bidder or any person interested in the proposed contract. Section II Bid Rigging and Rotating The undersigned further states that (Name of Company) is not barred from bidding or contracting as a result of a conviction for violations of state laws prohibiting bid rigging or bid rotating or any similar offense of any state of the United States, as provided in Sections 33E-3 and 33E-4 of the Illinois Criminal Code, 720 ILCS 5/33E-3) 33E-4. Section III Drug Free Workplace The undersigned further states that (Name of Company) provides a drug free workplace pursuant to the Drug Free Workplace Act, 30 ILCS 580/1, et seq., and has, to the extent not covered by a collective bargaining agreement that deals with the subject of the Substance Abuse Prevention in Public Works Projects Act, 820 ILCS 265/1 et seq., a substance abuse prevention program that meets or exceeds these requirements of that Act. Section IV Tax Payment The undersigned further states that (Name of Company) HVAC MAINTENANCE CONTRACT 2020-2023 is a**] 42 not delinquent in payment of any taxes to the Illinois Department of Revenue, in accordance with Illinois Compiled Statues, 65 ILCS 5/11-42.1. The undersigned understands that making a false statement regarding delinquency in taxes is a Class A Misdemeanor and, in addition, voids the contract and allows the municipality to recover all amounts paid to the individual or entity under the contract in civil action. Section V Sexual Harassment Policy Pursuant to Section 2-105(A) of the Illinois Human Rights Act, 775 ILCS 5/2-105 (A), every party to a public contract must: "Have written sexual harassment policies that shall include, at a minimum, the following information: (1) the illegality of sexual harassment; (11) the definition of sexual harassment under State law; (III) a description of sexual harassment, utilizing examples; (IV) the vendor's internal complaint process including penalties; (V) the legal recourse, investigative and complaint process available through the Department (of Human Rights) and the Commission (Human Rights Commission); (VI) directions on how to contact the Department and Commission; and (VII) protection against retaliation as provided by Section 6-101 of the Act. (Illinois Human Rights Act)." A "public contract" includes: ...every contract to which the State, any of its political subdivisions or any municipal corporation is a party." 775 ILCS 5/1-103 (M) (2002), The undersigned further states that has (Name of Company) a written sexual harassment policy in place in full compliance with 775 ILCS 5/2-105 (A) (4). It is expressly understood the foregoing statements and representations and promises are made as a condition to the right of the bidder to receive payment under any award made under the terms and provisions of this bid. The undersigned certifies that all information contained in this Affidavit is true and correct. Signed by: Signature Name Printed: Title: Signed and sworn to before me this day of 12020. My commission expires: Notary Public HVAC MAINTENANCE CONTRACT 2020-2023 c 43 BID SECURITY Included with this bid is a bank cashier's check, certified check or bid bond in the amount of , being ten percent (10%) of the total amount bid by the bidder, in favor of the Village of Mount Prospect. It is hereby agreed that, should bidder be awarded the contract for services contemplated under this bid and fail or refuse to execute a contract for the performance of said services, or to provide the required payment and performance bonds, or letter of credit, and certificate of insurance, then this security, in the amount stipulated above, shall be forfeited and may be retained by the Village of Mount Prospect as liquidated damages and not as a penalty. All bids to remain firm for a period of ninety (90) days after bid opening date. SUBMITTED THIS DAY OF SEAL (if corporation) 2020. Bidder: Bidder's Agent and Agent's Title Title Note: If bidder is a partnership, the bid must be signed by at least two of the partners. Note: If bidder is a corporation, the bid must be signed by an authorized officer of the corporation, attested and sealed by the secretary or other authorized officer. If a corporation, note here the state of incorporation: Incorporated under the laws of the State of HVAC MAINTENANCE CONTRACT 2020-2023 40 BID SHEET HVAC Maintenance Contract 2020-2023 The undersigned herewith submits a bid on HVAC Maintenance Contract 2020-2023 in accordance with the attached documents. All bids are to be delivered to the office of the Village Manager at 50 South Emerson Street 3rd Floor, Mount Prospect, Illinois, 60056, prior to 1:00p.m. on August 10, 2020 SCHEDULE OF PRICES We will perform the services as outlined in the project scope for all listed facilities of the HVAC Maintenance Contract 2020-2023 for sums as follows: Service Call Hourly Rates Monday - Friday 7arn-3prn $ Per Hr $ Per Hr $ Per Hr After hours $ Per Hr $ Per Hr $ Per Hr Sunday / Holiday $ Per Hr $ Per Hr $ Per Hr Submitted this day of , 2020. HVAC MAINTENANCE CONTRACT 2020-2023 41 45 Mark outside of envelope: "HVAC Maintenance Contract 2020-2023," and deliver to the Village Manager's office at 50 South Emerson Street 3rd Floor, Mount Prospect, Illinois, 60056, by 1:00 p.m., MONDAY, August 10 2020. Date submitted: Name of Company/Firm Address of Company/Firm Phone: , 2020 Also note any exceptions to the specifications. COMPANY OWNER ADDRESS CITY, STATE, ZIP PHONE # SIGNATURE DATE , 2020 Note: All bids to remain firm for thirty (90) days. Be sure to mark the outside of the envelope, "Sealed Bid for HVAC Maintenance Contract 2020-2023" HVAC MAINTENANCE CONTRACT 2020-2023 42 We EXHIBIT B VILLAGE OF MOUNT PROSPECT HVAC MAINTENANCE CONTRACT 2020-2023 THIS AGREEMENT (hereinafter the "Contract") is entered Village of Mount Prospect, an Illinois home rule municipality and an Illinois, (hereinafter the "Contractor"). 1. GENERAL As stated in the bid document. 2. SPECIFICATIONS As stated in the bid document. into by and between the (hereinafter the "Village"), located at 3. CONTRACTOR RESPONSIBILITY FOR PROPERTY/HOLD HARMLESS Contractor agrees to defend and hold harmless the Village from and against all demands, claims, suits, costs, expenses, damages and adjustments based upon any infringement of any patent relating to goods specified in the contract, and on account of the Village's use of any copyrighted or uncopyrighted, composition, trade secrets, secret process, proprietary rights, patented of unpatented invention, article or appliance furnished or used under the proposal Specifications. 4. ADHERENCE TO LAWS Employees and agents of Contractor shall obey all federal, state, county and municipal laws and ordinances during the execution of their duties under this Contract. The existence of this Contract does not exempt such individuals from compliance with such laws or ordinances, nor does it convey any special rights or privileges upon those individuals. Contractor shall meet all applicable licensing requirements of the Village. In addition, Contractor is required to comply with all federal, state, county and municipal laws and ordinances, including the following: a. Provide a drug free workplace pursuant to the Illinois Drug Free Workplace Act (30 1 LCS 580/1, et seq.); b. Comply with the Illinois Public Works Employment Discrimination Act (775 1 LCS 10/1 et seq.); C. Comply with Article 2 of the Illinois Human Rights Act (775 ILCS 5/2-101, et seq.), and the Rules and Regulations of the Illinois Department of Human Rights, including establishment and maintenance of a sexual harassment policy as required by Section 2-105 of that Article and Act; d. Comply with the Americans with Disabilities Act; and e. Comply with the provisions of the EQUAL EMPLOYMENT OPPORTUNITY CLAUSE required by the Illinois Department of Human Rights as a material term of all public contracts, which states as follows: HVAC MAINTENANCE CONTRACT 2020-2023 43 M Title 44, Part 750, Section 750, APPENDIX A, Illinois Administrative Code, Equal Employment Opportunity Clause EQUAL EMPLOYMENT OPPORTUNITY In the event of contractor's non-compliance with the provisions of this Equal Employment Opportunity Clause, the Illinois Human Rights Act or the Rules and Regulations of the Illinois Department of Human Rights ("Department"), contractor may be declared ineligible for future contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations, and the contract may be cancelled or voided in whole or in part, and such other sanctions or penalties may be imposed or remedies invoked as provided by statute or regulation. During the performance of this contract, the contractor agrees as follows: 1) That it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, marital status, national origin or ancestry, age, physical or mental handicap unrelated to ability, or an unfavorable discharge from military service; and further that it will examine all job classifications to determine if minority persons or women are underutilized and will take appropriate affirmative action to rectify any such underutilization. 2) That, if it hires additional employees in order to perform this contract or any portion thereof, it will determine the availability (in accordance with the Department's Rules) of minorities and women in the area(s) from which it may reasonably recruit and it will hire for each job classification for which employees are hired in such a way that minorities and women are not underutilized. 3) That, in all solicitations or advertisements for employees placed by it or on its behalf, it will state that all applicants will be afforded equal opportunity without discrimination because of race, color, religion, sex, marital status, national origin or ancestry, age, physical or mental handicap unrelated to ability, or an unfavorable discharge from military service. 4) That it will send to each labor organization or representative of workers with which it has or is bound by a collective bargaining or other agreement or understanding, a notice advising such labor organization or representative of the contractor's obligations under the Illinois Human Rights Act and the Department's Rules. If any such labor organization or representative fails or refuses to cooperate with the contractor in its efforts to comply with such Act and Rules, the contractor will promptly so notify the Department and the contracting agency and will recruit employees from other sources when necessary to fulfill its obligations thereunder. 5) That it will submit reports as required by the Department's Rules, furnish all relevant information as may from time to time be requested by the Department or the contracting agency, and in all respects comply with the Illinois Human Rights Act and the Department's Rules. HVAC MAINTENANCE CONTRACT 2020-2023 44 6) That it will permit access to all relevant books, records, accounts and work sites by personnel of the contracting agency and the Department for purposes of investigation to ascertain compliance with the Illinois Human Rights Act and the Department's Rules. 7) That it will include verbatim or by reference the provisions of this clause in every subcontract it awards under which any portion of the contract obligations are undertaken or assumed, so that such provisions will be binding upon such subcontractor. In the same manner as with other provisions of this contract, the contractor will be liable for compliance with applicable provisions of this clause by such subcontractors; and further it will promptly notify the contracting agency and the Department in the event any subcontractor fails or refuses to comply therewith. In addition, the contractor will not utilize any subcontractor declared by the Illinois Human Rights Commission to be ineligible for contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations. With respect to the two types of subcontracts referred to under paragraph 7 of the Equal Employment Opportunity Clause above, following is an excerpt of Section 750.30 of the Department of Human Right's Rules and Regulations for Public Contracts: Title 44, Part 750, Section 750.30, Illinois Administrative Code, Subcontracts Each public contractor and subcontractor shall in turn include the Equal Employment Opportunity Clause set forth in Appendix A of this Part in each of its subcontracts under which any portion of the contract obligations are undertaken or assumed, said inclusion to be either verbatim or by reference so that the provisions of the clause will be binding upon such subcontractors. 5. FEE SCHEDULE The charges to be assessed by Contractor under this Contract are set forth in the fee schedule contained in Exhibit A. 6. LOG BOOK, RECORDS & REPORTS REQUIRED The Contractor shall provide the Village with a written status report on its provision of services required by the Contract. This report shall be due before the tenth day of the following month. 7. METHODS OF PAYMENT Payment under the Contract will be made in accordance with the Illinois Local Government Prompt Payment Act, 50 ILCS 505/1 et seq. 8. HOLD HARMLESS AGREEMENT (CONTRACTUAL LIABILITY) Contractor assumes full responsibility for the acts and omissions of its employees and agents while engaged in performing services under the Contract. Contractor agrees, to the greatest extent permitted by Illinois law, to protect, indemnify, save and hold forever harmless the Village, its officers, appointed and elected officials, Mayor and Board of Trustees, employees, volunteers, attorneys and agents from and against any and all liabilities, obligations, claims, losses, damages, penalties, HVAC MAINTENANCE CONTRACT 2020-2023 45 WO and costs and expenses resulting from any suit, claim, demand, judgment, or cause of action initiated by any person, including Contractor and its officers, officials, employees, subcontractors, volunteers and agents, arising out of, connected with, or in any way associated with the performance of services covered by this Contract or the equipment used in connection therewith. 9. CONTRACTOR'S LIABILITY INSURANCE Contractor shall not commence with the performance of services under this Contract until it has obtained all insurance required hereunder and such insurance has been approved by the Village. Certificates of such insurance shall be filed with the Village prior to commencing work. Additionally, Contractor will provide the Village with a letter from the insurance carrier that the Village will be notified within thirty (30) days of the pending cancellation of any policy relating to this Contract. Each insurance company shall be subject to approval by the Village, and the respective policies shall name the Village as an additional named insured. Approval of the insurance by the Village shall not relieve or decrease the liability of Contractor hereunder. Such insurance is primary and in no event will be considered contributory to any insurance purchased by the Village. Such insurance will not be canceled, reduced, or materially changed without providing the Village thirty (30) days advance written notice, via certified mail. Contractor shall maintain all insurance required under subsections a through h of this Section for not less than one (1) year after completion of this contract. 10. CONTRACT TERMINATION The Village and Contractor reserve the right to terminate the Contract at any time upon ten (10) days advance written notice to the other party. In addition to the provisions set forth in Section General conditions (A,6) for immediate termination, failure of Contractor to perform any aspect of this Contract properly and/or to provide proper treatment to the general public, in the sole discretion of the Vilage, is cause for immediate termination of the Contract without prior notice. 11. LENGTH OF CONTRACT This Contract shall be in effect beginning September 1, 2020, and shall remain in effect until December 31, 2023, unless terminated by either party under the conditions specified in Section 10, Contract Termination. The Contract may be extended for two (2) to one (1) year terms beyond the termination date by mutual, written agreement between the Village and the Contractor. 12. COMPLIANCE WITH FREEDOM OF INFORMATION ACT REQUEST The Illinois Freedom of Information Act (FOIA), 5 ILCS 140/1 et seq., applies to public records in the possession of a party with whom the Village has contracted. The Village will have only a very short period of time from receipt of a FOIA request to comply with the request, and there is a significant amount of work required to process a request including collating and reviewing the information. Contractor acknowledges the requirements of FOIA and agrees to comply with all requests made by the Village for public records (as that term is defined by Section HVAC MAINTENANCE CONTRACT 2020-2023 46 50 2(c) of FOIA) in its possession and to provide the requested public records to the Village within two (2) business days of the request being made by the Village. Contractor agrees to indemnify and hold harmless the Village from all claims, costs, penalty, losses and injuries (including but not limited to, attorney's fees, other professional fees, court costs and/or arbitration or other dispute resolution costs) arising out of or relating to its failure to provide the public records to the Village under this Contract. 13. Contractor shall not assign this Contract or any part thereof without the prior written consent of the Village. Approval, if any, for such assignment shall be made by the Corporate Authorities of the Village. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective assigns, legal representatives and successors in interest. 14. GOVERNING LAW This Contract shall be governed by and construed in accordance with the laws of the State of Illinois and applicable federal law. Venue shall only be proper in a court of competent jurisdiction located within the County of Cook, Illinois. 15. SEVERABILITY The invalidity or unenforceability of one or more of the terms or provisions contained in this Contract shall not affect the validity or enforceability of the remaining terms and provisions of this Contract so long as the material purposes of this contract can be determined and effectuated. 16. INTERPRETATION Any headings of the Contract are for convenience of reference only and do not define or limit the provisions thereof. Words of gender shall be deemed and construed to include correlative words of other genders. Words importing the singular shall include the plural and vice versa, unless the context shall otherwise indicate. All references to any person or entity shall be deemed to include any person or entity succeeding to the rights, duties and obligations of such person or entity succeeding to the rights, duties and obligations of such person or entity in accordance with the terms and conditions of the Contract. 17. WAIVER OF BREACH If either party waives a breach of any provision of this Contract by the other party, that waiver will not operate or be construed as a waiver of any subsequent breach by either party or prevent either party from enforcing such provisions. 18. MERGER - AMENDMENT This Contract sets forth the entire understanding of the parties relative to the subject hereof and supersedes any and all prior agreements, express or implied, oral or written. No amendment or modification of this Contract shall be effective unless reduced to writing and executed by the parties. 19. COUNTERPARTS This Contract may be executed in several counterparts each of which shall be an original and all of which shall constitute but one and the same instrument. HVAC MAINTENANCE CONTRACT 2020-2023 47 51 20. EFFECTIVE DATE The Effective Date of this Contract shall be the date executed by the Village President, and attested by the Village Clerk. In Witness thereof, the said parties have executed and signed this contract on Attest: Karen Agoranos, Village Clerk .2020. :y,6 Corporate Name: :y, Its Attest: Secretary (Corporate Seal) HVAC MAINTENANCE CONTRACT 2020-2023 VILLAGE OF MOUNT PROSPECT, an Illinois Municipal Corporation 48 52 BID FORM HVAC Maintenance Contract 2020-2023 (hereinafter called TO: Office of the Village Manager, 3rd Floor 50 South Emerson Street Mount Prospect, Illinois 60056 (hereinafter called "Village" or "Village of Mount Prospect") HVAC Maintenance Contract 2020-2023 The bidders have familiarized themselves with the services to be performed and probable work conditions required under this Bid affecting the cost of the performance of the required services and with the Bid Documents which include: Notice to Bidders Table of Contents Instructions for Bidders General Conditions and Special Provisions Specifications Bid Form Affidavit — Bid Certification Form Bid Security Bid Sheet — Cleaning Service Contract Contract Document Therefore, the Bidder hereby proposes to furnish all supervision, technical personnel, labor, materials, tools, equipment, and services (including all utility and transportation services) required to perform the required services, all in accordance with the above listed documents. Bidder agrees to perform all of the required services and provide the equipment and materials described in the Bid Documents, as follows: Bidder has bid on all items and has provided a price for all requested services. The Bidder acknowledges it understands all the requested services for which it has submitted a bid. The Bidder will complete and provide all labor, equipment, materials and mobilization (if applicable) to perform the required services as incidental to the fixed item price for each item proposed. In submitting this bid, the Bidder understands that the Village reserves the right to add to or subtract from the estimated quantities. HVAC MAINTENANCE CONTRACT 2020-2023 35 53 The Village intends to award one (1) contract (if at all) for the items bid. If written notice of award of this bid is mailed, emailed or otherwise delivered to the Bidder at any time before this bid is withdrawn, the Bidder agrees to execute and deliver the contract in the prescribed form and furnish payment and performance bonds, or letter of credit, and the insurance certificates required by the Bid Documents to the Village within ten (10) business days after receipt. The Bidder, and as successful bidder/contractor upon award of the contract, understands and agrees to the following: 1) The contractor agrees to provide all required services and items and material to the Village as noted in the Bid Documents and comply with the requirements of the Bid Documents. 2) The contractor agrees to comply with all applicable federal and state laws, rules and regulations, and county and municipal ordinances, as described in the General Conditions. All Addenda pertaining to this project shall be acknowledged by the Bidder in the spaces provided below: . . . . ........ Addendum Addendum.Date Acknowledgement by Bidder or Authorized Date No. ReDresentative Acknowled ed Failure to acknowledge receipt, as provided above, may be considered sufficient grounds for disqualification of the bidder and rejection of his/her bid submittal. A record of all Addenda and copies of same will be available to all qualified bidders from the Village of Mount Prospect Public Works Department, 1700 West Central Road, Mount Prospect, Illinois two (2) days prior to the letting. It shall be the Bidder's responsibility to become fully advised of all Addenda prior to submitting its bid. Upon award of the contract, the Village will send Notice of Award to the successful Bidder, the Bidder must then execute the contract and provide the required bonds or letter of credit and certificate of insurance to the Village within ten (10) business days. The Village will then issue a written Notice to Proceed. Failure to complete the work in the designated time frame may result in the Director of Public Works withholding compensation due the contractor for failure to complete the said work in the designated time frame, calling the bonds, or taking such other action as may be available. Security in the sum of ten (10%) percent of the amount bid in form of (check one): Bid Bond Certified Check Bank Cashier's Check is attached hereto in accordance with the "Instructions for Bidders". HVAC MAINTENANCE CONTRACT 2020-2023 mo El This Bid Submittal contains the following: 1) Bid Form 2) Affidavit — Bid Certification Form 3) Bid Security 4) BID SHEET(S) — HVAC Maintenance Contract 2020-2023 HVAC MAINTENANCE CONTRACT 2020-2023 37 go Mark outside of envelope: "HVAC Maintenance Contract 2020-2023," and deliver to the Village Manager's office at 50 South Emerson Street 3rd Floor, Mount Prospect, Illinois, 60056, by 1:00 p.m., MONDAY, August 10 2020. eco 0 t y rC01 XNt0000- Min Name of Company/Firm �6 Z cni�h � r� �'L� 6ov�5 ' Address of Company/Firm rs 9y: CcAA a-?.. W, SII ; � SNI �1I Aft - one: 117 Date submitted 2020 Also note any exceptions to the specifications. wza COMPANY 5�6 ZeA1* 141 Dr. ADDRESS SIGNATU &L" 6A low.*VITY, STATE, ZIP PHONE # .2020 DATE Note: All bids to remain firm for thirty (90) days. Be sure to mark the outside of the envelope, "Sealed Bid for HVAC Maintenance Contract 20204023" HVAC MAINTENANCE CONTRACT 2020-2023 EN 56 Included wi ts bid is a bank cashier's check, certified check or bid bond in the amount of 1 "7t being ten percent (10%) of the total amount bid by • the bidder, in favor of the Village of Mount Prospect. It is her agreed agreed that, should bidder be awarded the contract for services contemplated under this bid and fall or refuse to execute a contract for the performance of said services, or to provide the required payment and performance bonds, or letter of credit, and certificate of insurance, then this security, in the amount stipulated above, shall be forfeited and may be retained by the Village of Mount Prospect as liquidated damages and not as a penalty. All bids to remain firm for a period of ninety (90) days after bid opening date, SUBMITTED THIS DAY OF 20204 WWWW, SEAL (if corporation) Note: If bidder is a partnership, the bid must be signed by at least two of the partners. Note: If bidder is a corporation, the bid must be signed by an authorized officer of the corporation, attested and sealed by the secretary or other authorized officer. If a corporation, note here the state of incorporation: Incorporated under the laws of the State of HVAC MAINTENANCE CONTRACT 2020-2023 2% a Bidder: Company/Firm Name:ledtWo /�'� t..��'1Ct�i c�� .�/i/�i Address: 5Z.eA/'*Pi t ..... ...... 60C�"�-J As a condition of entering into a contract with the Village of Mount Prospect, and under oath and penalty of peg 1, ury, and 'I a termination of contract rights and debarment, the undersigned, .'legLeA being first duly sworn on oath, deposes .A. I and states that he or she I's 0(ow,AXr, (sole owner, pa,rtner, joint ventured,, President, Secretary, etc.) of 9-d,00, "Aec.�Wal and has the authority to make all {(Name of Company) certifications required by this affidavit. Section I Non -Collusion The undersigned certifies that this bid is genuine and not collusive or a sham, that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any bidder or person, to put in a sham bid or to refrain from bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication or conference with any person, to fix the bid price element of this bid, or of that of any other bidder, or to secure any advantage against any other bidder or any person interested in the proposed contract. Section II Bid Riming, and Rotating, %C41 3: Akoe The undersigned further states that C 0 !--- -- V (Name of Company) is not barred from bidding or contracting as a result of a conviction for violations of state laws prohibiting bid rigging or bid rotating or any similar offense of any state of the United States, as provided in Sections 33E-3 and 33E-4 of the Illinois Criminal Code, 720 ILLS 5/33E-31 33E-4. Section III Dtua Free Workplace TN Cow The undersigned further states that Cc�aN' (Name of Company) provides a drug free workplace pursuant to the Drug Free Workplace Act, 30 ILLS 580/1, et seq., and has, to the extent not covered by a collective bargaining agreement that deals with the subject of the Substance Abuse Prevention in Public Works Projects Act, 820 ILCS 265/1 et seq., a substance abuse prevention program that meets or exceeds these requirements of that Act. Section IV Tax Pavment The undersigned further states that p4)C0 -e CIA CW CM is (Name of Company) HVAC MAINTENANCE CONTRACT 2020-2023 W 0 not delinquent in payment of any taxes to the Illinois Department of Revenue, in accordance with Illinois Compiled Statues, 65 ILC S 5/11-42.1. The undersigned understands that making a false statement regarding delinquency in taxes is a Class A Misdemeanor and, in addition, voids the contract and allows the municipality to recover all amounts paid to the individual or entity under the contract in civil action. Section V Sexual Harassment Poicy_ Pursuant to Section 2-105(A) of the Illinois Human Rights Act, 775 ILCS 5/2-105 (A), every party to a public contract must: "Have written sexual harassment policies that shall include, at a minimum, the following information: (1) the illegality of sexual harassment; (11) the definition of sexual harassment under State law; (111) a description of sexual harassment, utilizing examples; (IV) the vendor's internal complaint process including penalties; (V) the legal recourse, investigative and complaint process available through the Department (of Human Rights) and the Commission (Human Rights Commission); (VI) directions on how to contact the Department and Commission; and (VII) protection against retaliation as provided by Section 6-101 of the Act. (Illinois Human Rights Act)," A "public contract" includes: ...every contract to which the State, any of its political subdivisions or any municipal corporation is a party." 775 ILLS 5/1-103 (M) (2002), The undersigned further states that edco M,a�WCA has (Name of Company) a written sexual harassment policy in place in full compliance with 775 ILLS 5/2-105 (A) (4). It is expressly understood the foregoing statements and representations and promises are made as a condition to the right of the bidder to receive payment under any award made under the terms and provisions of this bid. The undersigned certifies th�'all information contained in this Affidavit is true and correct. Signed by: Title: C)WIV-ef" Signature, Name Printed: A -VII Signed and sworn to before me this 10 davof,A�Q,q0,5,+' 20200 41 at V , My commission ex,-tres: NATHAN N LOPEZ Official Seal Notary li-c /JW41*% L#Zt Notary Public - State of Illinois My Commission Expires Dec 4, 2022 HVAC MAINTENANCE CONTRACT 2020-2023 We HVAC Maintenance Contract 20204023 The undersigned herewith submits a bid on HVAC Maintenance Contract 2020-2023 in accordance with the attached documents. All bids are to be delivered to the office of the Village Manager at 50 South Emerson Street 3rd Floor, Mount Prospect, Illinois, 60056, prior to 1:00p.m. on August 10, 2020 9949 We will perform the services as outlined in the project scope for all listed facilities of the HVAC Maintenance Contract 2020-2023 for sums as follows: Submitted thits day, of Lf, j C + 2020. HVAC MAINTENANCE CONTRACT 2020-2023 41 0 EXHIBIT A (Upon award of contract, to be attached to HVAC MAINTENANCE CONTRACT 2020.2023 as Exhibit A) Proposal Form Vtoaae-of, Mount, Prospect, HVAC MAINTENANCE CONTRACT 20204023 Owner Name: Business Name: Home Phone: This Business is a: Business Phone: Ej Individual Proprietorship F1 Joint Venture El Partnership VCorporation If applicable, give names, addresses, and dates of birth of all partners, officers or directors. Name Address Cie&J11 Qr ir 1"10 SAOL Has the applicant, business, or member of the business ever had a license or contract revoked, suspended or cancelled? F-1 YES M- NO I If yes, explain in full detail on a separate sheet of paper. 1, Does the business currently hod a license or have a contract with any other municipality for service? �VYES ❑ NO HVAC MAINTENANCE CONTRACT 2020-2023 a If yes, explain in full on a separate sheet of paper. Have any complaints against the business been filed with the Illinois Commerce Commission, the Office of the Illinois Attorney General, or any other govern me Ital body during the period of one year prior to the date of this proposal? �] I YES 9 NO If yes, explain in full on a separate sheet of paper. Please note, the Village reserves the right to conduct its own search with the Illinois Commerce Commission, the Illinois Attorney General, or any other governmental body, and may take into consideration any complaints and/or pending complaints made against the business or owner, a In subrn fitting this Proposal Form requesting award of the Village of Mount Prospect HVAC Maintenance Contract 20,2040,23 1'. hereby certify that,, - A will not assign or, su'b,contract window, cleaning services for the "il lage wlthout prior written approval of the Corporate Authorities of the Village of Mount Prospect; 2. Neither 1, nor any person who will be working on my behalf, has been convicted under the laws of Illinois or any other state of an offense which under the laws of this state would be a felony involving the theft of property, violence to persons, or criminal damage to property. Please note that in the case of a person whose last conviction was more than two years past, and can demonstrate a compelling showing that he/she is nevertheless fit, such person or operator may be approved by the Village Manager if otherwise eligible; 3. 1 am not barred by law from contracting with the Village because of a conviction for prior violations of either Sections 33E-3 or 33E4 of the Illinois Criminal Code of 1965 (720 ILCS 5/33E-3 (Bid Rigging) or 720 ILC S 5/33-4 (Bid Rotating)); 4. 1 am not delinquent in payment of any taxes to the Illinois Department of Revenue pursuant to Section 11-42.1-1 of the Illinois Municipal Code (65 ILLS 5111-42.1-1 } or in any payment, fee or tax owed to the Village; 5. 1 provide a drug free workplace pursuant to the Drug Free Workplace Act (30 ILC S 580/1, et 6. 1 shall comply with Article 2 of the Illinois Human Rights Act (775 ILLS 5/2-101, et ), and the Rules and Regulations of the Illinois Department of Human Rights, including establishment and maintenance of a sexual harassment policy as required by Section 2-105 of that Article and Act; 7. 1 shall comply with the Americans with Disabilities Act; 8. 1 shall comply with the Illinois Public Works Employment Discrimination Act (775 ILCS 10/1 et seq.); and HVAC MAINTENANCE CONTRACT 2020-2023 KN M 9. All of the information I have provided in this Application has been truthful and given in good faith. I have read and understand the information provided with this Proposal Form, including the Notice to Bidders, Instructions to Bidder, the General Conditions, the Specifications and the HVAC Maintenance Contract 2020-2023 and agree to abide by the conditions set forth therein. My signature below indicates my acceptance of all such conditions and my bid for award of the Village of Mount Prospect HVAC Maintenance Contract 2020-2023. Name of Company Bcdco 1%ca I I 1v cov � [ PI Bid Submitted By Position in Company ��,tJ" � � 7 7LI,, Phone No.C4117, " Z Date. 1(01�D Bidder must use the official firm name and authorized representative must sign. HVAC MAINTENANCE CONTRACT 2020-,2023 34 63 EXHIBIT B VILLAGE OF MOUNT PROSPECT HVAC MAINTENANCE CONTRACT 2020-2023 THIS AGREEMENT (hereinafter the "Contract") is entered into by and between the Villa, e of Mount Prospect,, an Illinois home rule municipality (hereinafter the "Village"), and an "OrD010,04 located at Jllinois, (hereinafter the '"Contractor"). 1. GENERAL As stated in the bid document. 2. SPECIFICATIONS As stated in the bid document, 3. CONTRACTOR RESPONSIBILITY FOR PROPERTYMOLD HARMLESS Contractor agrees to defend and hold harmless the Village from and against all demands, claims, suits, costs, expenses, damages and adjustments based upon any infringement of any patent relating to goods specified in the contract, and on account of the Village's use of any copyrighted or uncopyrighted, composition, trade secrets, secret process, proprietary rights, patented of unpatented invention, article or appliance furnished or used under the proposal Specifications. 40 AQH,EB-ENCE'TO L Employees and agents of Contractor shall obey all federal, state, county and municipal laws and ordinances during the execution of their duties under this Contract. The existence of this Contract does not exempt such individuals from compliance with such laws or ordinances, nor does it convey any special rights or privileges upon those individuals. Contractor shall meet all applicable licensing requirements of the Village. In addition, Contractor is required to comply with all federal, state, county and municipal laws and ordinances, including the following: a. Provide a drug free workplace pursuant to the Illinois Drug Free Workplace Act (30 ILCS 580/1, et seq.); b. Comply with the Illinois Public Works Employment Discrimination Act (775 1 LCS 10/1 et seq.); C. Comply with Article 2 of the Illinois Human Rights Act (775 ILLS 5/2-101, et ssg.), and the Rules and Regulations of the Illinois Department of Human Rights, including establishment and maintenance of a sexual harassment policy as required by Section 2-105 of that Article and Act; d. Comply with the Americans with Disabilities Act; and e. Comply with the provisions of the EQUAL EMPLOYMENT OPPORTUNITY CLAUSE required by the Illinois Department of Human Rights as a material term of all public contracts, which states as follows: HVAC MAINTENANCE CONTRACT 2020-2023 43 z Title 44, Part 750, Section 750, APPENDIX A, Illinois Administrative Code, Equal Employment Opportunity Clause EQUAL EMPLOYMENT OPPORTUNITY In the event of contractor's non-compliance with the provisions of this Equal Employment Opportunity Clause, the Illinois Human Rights Act or the Rules and Regulations of the Illinois Department of Human Rights ("Department"), contractor may be declared ineligible for future contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations, and the contract may be cancelled or voided in whole or in part, and such other sanctions or penalties may be imposed or remedies invoked as provided by statute or regulation. During the performance of this contract, the contractor agrees as follows: 1 ) That it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, marital status, national origin or ancestry, age, physical or mental handicap unrelated to ability, or an unfavorable discharge from military service; and further that it will examine all job classifications to determine if minority persons or women are underutilized and will take appropriate affirmative action to rectify any such underutilization. 2) That, if it hires additional employees in order to perform this contract or any portion thereof, it will determine the availability (in accordance with the Department's Rules) of minorities and women in the area(s) from which it may reasonably recruit and it will hire for each job classification for which employees are hired in such a way that minorities and women are not underutilized. 3) That, in all solicitations or advertisements for employees placed by it or on its behalf, it will state that all applicants will be afforded equal opportunity without discrimination because of race, color, religion, sex, marital status, national origin or ancestry, age, physical or mental handicap unrelated to ability, or an unfavorable discharge from military service. 4) That it will send to each labor organization or representative of workers with which it has or is bound by a collective bargaining or other agreement or understanding, a notice advising such labor organization or representative of the contractor's obligations under the Illinois Human Rights Act and the Department's Rules. If any such labor organization or representative fails or refuses to cooperate with the contractor in its efforts to comply with such Act and Rules, the contractor will promptly so notify the Department and the contracting agency and will recruit employees from other sources when necessary to fulfill its obligations thereunder. 5) That it will submit reports as required by the Department's Rules, furnish all relevant information as may from time to time be requested by the Department or the contracting agency, and in all respects comply with the Illinois Human Rights Act and the Department's Rules. HVAC MAINTENANCE CONTRACT 20204023 44 65 6) That it will permit access to all relevant books, records, accounts and work sites by personnel of the contracting agency and the Department for purposes of investigation to ascertain compliance with the Illinois Human Rights Act and the Department's Rules. 7) That it will include verbatim or by reference the provisions of this clause in every subcontract it awards under which any portion of the contract obligations are undertaken or assumed, so that such provisions will be binding upon such subcontractor. In the same manner as with other provisions of this contract, the contractor will be liable for compliance with applicable provisions of this clause by such subcontractors; and further it will promptly notify the contracting agency and the Department in the event any subcontractor fails or refuses to comply therewith. In addition, the contractor will not utilize any subcontractor declared by the Illinois Human Rights Commission to be ineligible for contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations. With respect to the two types of subcontracts referred to under paragraph 7 of the Equal Employment Opportunity Clause above, following is an excerpt of Section 750.30 of the Department of Human Right's Rules and Regulations for Public Contracts: Title 44, Part 750, Section 750.30, Illinois Administrative Code, Subcontracts Each public contractor and subcontractor shall in turn include the Equal Employment Opportunity Clause set forth in Appendix A of this Part in each of its subcontracts under which any portion of the contract obligations are undertaken or assumed, said inclusion to be either verbatim or by reference so that the provisions of the clause will be binding upon such subcontractors. 5. FEE SCHEDULE The charges to be assessed by Contractor under this Contract are set forth in the fee schedule contained in Exhibit A. 6. L,OG BOOK, RECORDS & REPORTS REQUIRED The Contractor shall provide the Village with a written status report on its provision of services required by the Contract. This report shall be due before the tenth day of the following month. 7t METHODS OF PAYMENT Payment under the Contract will be made in accordance with the Illinois Local Government Prompt Payment Act, 50 ILLS 505/1 et seq. 8. HOLD HARMLESS AGREEMENT (CONTRACTUAL LIABILITY) Contractor assumes full responsibility for the acts and omissions of its employees and agents while engaged in performing services under the Contract. Contractor agrees, to the greatest extent permitted by Illinois law, to protect, indemnify, save and hold forever harmless the Village, its officers, appointed and elected officials, Mayor and Board of Trustees, employees, volunteers, attorneys and agents from and against any and all liabilities, obligations, claims, losses, damages, penalties, HVAC MAINTENANCE CONTRACT 2020-2023 45 and costs and expenses resulting from any suit, claim, demand, judgment, or cause of action initiated by any person, including Contractor and its officers, officials, employees, subcontractors, volunteers and agents, arising out of, connected with, or in any way associated with the performance of services covered by this Contract or the equipment used in connection therewith. 9. CONT'RACTOWS LIABILITY INSURANCE Contractor shall not commence with the performance of services under this Contract until it has obtained all insurance required hereunder and such insurance has been approved by the Village. Certificates of such insurance shall be filed with the Village prior to commencing work. Additionally, Contractor will provide the Village with a letter from the insurance carrier that the Village will be notified within thirty (30) days of the pending cancellation of any policy relating to this Contract. Each insurance company shall be subject to approval by the Village, and the respective policies shall name the Village as an additional named insured. Approval of the insurance by the Village shall not relieve or decrease the liability of Contractor hereunder. Such insurance is primary and in no event will be considered contributory to any insurance purchased by the Village. Such insurance will not be canceled, reduced, or materially changed without providing the Village thirty (30) days advance written notice, via certified mail. Contractor shall maintain all insurance required under subsections a through h of this Section for not less than one (1) year after completion of this contract. 10. CONTRACT TERMINATION The Village and Contractor reserve the right to terminate the Contract at any time upon ten (10) days advance written notice to the other party. In addition to the provisions set forth in Section General conditions (A,6) for immediate termination, failure of Contractor to perform any aspect of this Contract properly and/or to provide proper treatment to the general public, in the sole discretion of the Vilage, is cause for immediate termination of the Contract without prior notice. 11 LENGTH OF CONTRACT This Contract shall be in effect beginning September 1, 2020, and shall remain in effect until December 31, 2023, unless terminated by either party under the conditions specified in Section 10, Contract Termination. The Contract may be extended for two (2) to one (1) year terms beyond the termination date by mutual, written agreement between the Village and the Contractor. 12. COMPLIANCE WITH FREEDOM OF INFORMATION TRE '*S'T QQE . . . . ...... . .... .. . The Illinois Freedom of Information Act (FOIA), 5 ILCS 140/1 et seq., applies to public records in the possession of a party with whom the Village has contracted. The Village will have only a very short period of time from receipt of a FOIA request to comply with the request, and there is a significant amount of work required to process a request including collating and reviewing the information. Contractor acknowledges the requirements of FOIA and agrees to comply with all requests made by the Village for public records (as that term is defined by Section HVAC MAINTENANCE CONTRACT 2020-2023 ER 67 2(c) of F01A) in its possession and to provide the requested public records to the Village within two (2) business days of the request being made by the Village. Contractor agrees to indemnify and hold harmless the Village from all claims, costs, penalty, losses and injuries (including but not limited to, attorney's fees, other professional fees, court costs and/or arbitration or other dispute resolution costs) arising out of or relating to its failure to provide the public records to the Village under this Contract. 13. Contractor shall not assign this Contract or any part thereof without the prior written consent of the Village. Approval, if any, for such assignment shall be made by the Corporate Authorities of the Village. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective assigns, legal representatives and successors in interest. 14. GOVERNING LAW This Contract shall be governed by and construed in accordance with the laws of the State of Illinois and applicable federal law. Venue shall only be proper in a court of competent jurisdiction located within the County of Cook, Illinois. 15. SEVERABILITY The invalidity or unenforceability of one or more of the terms or provisions contained in this Contract shall not affect the validity or enforceability of the remaining terms and provisions of this Contract so long as the material purposes of this contract can be determined and effectuated. 16. INTERPRETATION Any headings of the Contract are for convenience of reference only and do not define or limit the provisions thereof. Words of gender shall be deemed and construed to include correlative words of other genders. Words importing the singular shall include the plural and vice versa, unless the context shall otherwise indicate. All references to any person or entity shall be deemed to include any person or entity succeeding to the rights, duties and obligations of such person or entity succeeding to the rights, duties and obligations of such person or entity in accordance with the terms and conditions of the Contract. 17. WAIVER OF BREACH If either party waives a breach of any provision of this Contract by the other party, that waiver will not operate or be construed as a waiver of any subsequent breach by either party or prevent either party from enforcing such provisions. 18. MERGER -AMENDMENT This Contract sets forth the entire understanding of the parties relative to the subject hereof and supersedes any and all prior agreements, express or implied, oral or written. No amendment or modification of this Contract shall be effective unless reduced to writing and executed by the parties. 19. COUNTERPARTS This Contract may be executed in several counterparts each of which shall be an original and all of which shall constitute but one and the same instrument. HVAC MAINTENANCE CONTRACT 2020-2023 47 XQ 200, EFFECTIVE DATE The Effective Date of this Contract shall be the date executed by the Village President, and attested by the Village Clerk. In Witness thereof, the said parties have executed and signed this contract on .2020 - BY# Attest: Karen Agoranos, Village Clerk VILLAGE OF MOUNT PROSPECT, an Illinois Municipal Corporation VL01 Y (Corporate Seal) HVAC MAINTENANCE CONTRACT 2020-2023 Em A9 ial Industrial & CommercH',,,V,,A,C, Services 546 Zenith Drive Glenview, IL 60025 — (847) 2972665 — Fax: (847) 297- 5177 - Be(JcoSalie's' Bedco Mechanical currently has HVAC Maintenance Contracts with the City of Des Plaines and the Village of Rosemont, in addition to many other privately owned Industrial and Commercial properties. Bedco has been servicing Des Plaines for over 25 years and the Village of Rosemont for over 10 years. The current contract with Des Plaines expires in November of 2022 and the Rosemont contract ends in November of 2020. In these contracts,, Bedco provides quarterly preventative maintenance per OEM recommendations. Through more than 30 years of experience working with local municipalities, Sedco has learned the skills necessary to properly meet the urgent needs of municipalities. Sedco focuses on quality work and acute response times for both maintenance and repairs to retain its service contracts. Bedco works to be in constant communication with each municipality's staff to ensure efficacy of HVAC equipment and is always Willing to help over the phone,, in attempt to keep costs down. "SERVICE IS OUR MAIN BUSINES" ME d loo o No a n ' mIa,'I, Industrial & Commercial HN. .C. Services 546 Zenith Drive Glenview, IL 60025 — (847) 297-2665 — Fax: (847) 297- 5177 - BedcoSale ? i'jj, piij, References City of Des Plaines Tom Bueser, Superintendent of General Services - (847) 391-5470 - TBueser@desplailles.org 1111 Joseph Schwab Rd. Des Plaines, IL 60016 Servicing all Des Plaines city buildings under service contract far 25 years, including pneumatic controls Georgia Nut Company Mike Drehobl, Operations Manager - (847) 674-3717 — 7500 Linder Ave Skokie, IL 60077 Servicing a variety of boilers, chillers, air handlers, pumps, and R TUs Helios wal Dave Stewart, VP of Operations — (847) 299-7900 - dste, , I i ).s. "I '-(2ji,,.K,0n1 1375 E Woodfield Road Schaumburg, IL 60173 Servicing over 10 commercial and industrial properties throughout Chicagoland Seasons 4 Terry Kirby, Service Manager - (770) 489-0716 —`l"K'ij'-by6 i( , i g�ss e s o, i,,,, i,, . s et 4500 Industrial Access Road Douglasville,, GA 30122 Manufacturer's Rep for all Chicaaoland equipment serving various libraries, es, schools, and park districts Transcendia Inc. Scott Baugh, Plant Engineer -'847 678-1800 — Scott.,Baw'mm,n,��..�eu.a ...........o. 9201 W Belmont Ave. Franklin Park, IL 60131 Servicing various equipment for plant processing and office space heating and cooling Village of Rosemont Frank Cargola, Director of Operations - (847) 456-4667 — gjg&qWf@Kfl ja, g sc Y, 34 Jennie Finch Way Rosemont, IL 60018 Servicing the Rosemont Dome and Softball Stadium under service contract for 10 years "SERVICE IS OUR MAIN BUSINES" a