county of kane RFP 26-061-DH_BAS Services_2026 Controls.pdf

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Building Automation System (BAS) Services
Solicitation number
26-061-DH
Issued by
Kane County, Illinois

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Building Automation System (BAS) Services Controls Document

This document is a controls summary prepared by Kane County, Illinois for Request for Proposal (RFP) 26-061-DH regarding Building Automation System (BAS) Services. The RFP seeks qualified and experienced contractors to provide comprehensive BAS services to County-operated facilities under the management of the Kane County Building Management Department. Services include design, installation, maintenance, repair, and emergency repairs for building automation systems across County facilities. The document appears to serve as an internal control framework or checklist for managing the RFP process, outlining procedural requirements and oversight mechanisms to ensure competitive selection and compliance with procurement regulations.

The file functions as a controls document rather than a detailed procurement announcement, and therefore does not contain specific information regarding pricing terms, bid amounts, contract term duration, site visits, bidders' conferences, response deadlines, or award dates. No set-asides are identified in the materials provided. Additional project specifications, financial requirements, and timeline details would be contained in the full RFP package and related solicitation documents.

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County of Kane

PURCHASING DEPARTMENT

KANE COUNTY GOVERNMENT CENTER

Tim Keovongsak, CPPB 719 S. Batavia Avenue, Bldg. A Director of Purchasing Geneva, Illinois 60134 Telephone: (630) 232-5929

REQUEST FOR PROPOSAL

RFP # 26-061-DH – Building Automation System (BAS) Services DATE: October 9, 2026

The County of Kane (“County”) is accepting competitive sealed proposals from qualified and experienced Contractor(s) to provide various Building Automation System (BAS) services including but not limited to, design, install, maintenance and repair, as well as emergency repairs, to County operated facilities for the Kane County Building Management Department. This is a prevailing wage bid.

Kane County reserves the right to review, accept, or reject any or all proposals as determined to be in the best interests of Kane County.

EVENT: LOCATION: DATE: TIME:

Deadline for Exceptions to Proposal Language and Specification Inquiries.

Must be submitted in writing to:

Purchasing@kanecountyil.gov 10/20/26

10:00 AM

(CT)

Proposal Due Date.

Proposals must be submitted electronically to https://www.bidnetdirect.com/illinois/kanecounty 10/30/26 10:00 AM

(CT)

√ SUBMITTAL REQUIREMENTS, DOCUMENTS CHECKLIST, & ACKNOWLEDGMENT

RESPONSE SHALL BE SUBMITTED ELECTRONICALLY AT

http://www.bidnetdirect.com/illinois/kanecounty and include the following:

ONE (1) REDACTED COPY in PDF to comply with the Illinois FOIA, if applicable.

PROPOSAL RESPONSE FORM COMPLETED, WITH AUTHORIZED SIGNATURE

ADDENDA NUMBER ACKNOWLEDGED, IF APPLICABLE

PROPOSAL PRICING (INCLUDING UNIT/HOURLY PRICES, WHERE REQUIRED)

DOCUMENTS REQUIRED IN THE STATEMENT OF WORK/SPECIFICATIONS -

Sections I–VII.

REFERENCES

CERTIFICATIONS, IF AVAILABLE

TWO (2) COMPLETED DISCLOSURE FORMS (CONTRACTOR & FAMILIAL - SIGNED &

NOTARIZED). Reference sample attachments for language.

PROOF OF CERTIFICATE OF INSURANCE (COI)

PREVAILING WAGE REQUIRED

RESPONSIBLE BIDDER DOCUMENTATION, if applicable

RFP 26-061-DH

Building Automation System Services

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EXCEPTIONS TO THE COUNTY’S GENERAL TERMS, CONDITIONS, OR

REQUIREMENTS

Such exceptions may be considered in the evaluation and award processes. The County will be the sole determiner of the acceptability of any exception. Any exceptions submitted may render the submission non-responsive to the requirements listed.

PLEASE NOTE:

This is an electronic submittal. Proposals received after the submission date and time will not be accepted. There will be no public opening of proposals.

An original RFP response (with all required documents as listed on pg. 1 of the submittal checklist) shall be submitted electronically to https://www.bidnetdirect.com/illinois/kanecounty and one (1) redacted copy marked as “Redacted Copy” to comply with the Illinois Freedom of Information Act (FOIA), if applicable. Please upload your complete Proposal response through Bidnet Direct prior to the due date and time: Friday, October 30th, 2026, at 10:00 AM (CT).

CONTACT PERSON: Danielle Hoffman, Buyer purchasing@KaneCountyIL.gov

DISCLAIMER: To the extent that you have obtained these documents from a source other than Bidnet Direct, please be advised that these documents may not include all updates, including, but not limited to, addendums, clarifications, and due-date extensions.

for all updates to documents, please visit https://www.bidnetdirect.com/illinois/kanecounty - All attachments are for reference purposes.

All questions pertaining to this RFP and/or the statement of work or scope of services should be directed to the Purchasing Department as listed on the cover sheet, NO LATER THAN 10:00 AM (CT), Tuesday, October 20th, 2026. Questions should be in writing and are accepted via E-mail to: purchasing@KaneCountyIL.gov

LATE PROPOSALS WILL NOT BE ACCEPTED

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INSTRUCTIONS TO OFFERORS

COUNTY OF KANE

COMPETITIVE SELECTION PROCEDURE - PROPOSAL

TERMS AND CONDITIONS

A. REQUEST FOR PROPOSALS

A.01 Definition:

Request for Proposals (RFP) is a method of procurement permitting discussions with responsible offerors and revisions to proposals prior to award of a contract.

Award will be based on the criteria set forth herein.

A.02 Proposal Opening:

Sealed proposals will be received at the Kane County Purchasing Department until the date and time specified, at which time the names of offerors will be read aloud and recorded on an abstract. Contents of the sealed proposals will be opened and evaluated in private, with proposal information kept confidential until an award is made. Late proposals shall be rejected and returned unopened to the sender.

Kane County does not prescribe the method by which proposals are to be delivered; therefore, it cannot be held responsible for any delay, regardless of the reason, in delivery of the proposals. (Reference Special Provisions Sections for instruction)

A.03 Proposal Preparation:

Proposals must be submitted in the format listed in submittal instructions and all information and certifications called for must be furnished. Proposals submitted in any other manner, or which fail to furnish all information or certificates required, may be summarily rejected. Proposals may be modified or withdrawn prior to the time specified for the opening of proposals. Proposals shall be filled out legibly in ink or typewritten with all erasures, strikeovers and corrections initialed in ink by the person signing the proposal. The proposal shall include the legal name of the Vendor, the complete mailing address, and be signed in ink by a person or persons legally authorized to bind the Vendor to a contract. Name of person signing should be typed or printed below the signature.

A.04 Proposal Envelopes: (if applicable)

Envelopes containing proposals must be sealed and addressed to the County of Kane, Purchasing Department. The name and address of the Vendor and Invitation Number must be shown in the upper left corner of the envelope.

A.05 Addenda:

A.05.1 Addenda are written instruments issued by the County prior to the date for receipt of proposals which modify or interpret the RFP by addition, deletion, clarifications, or corrections.

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A.05.2 Prior to the receipt of proposals, addenda will be mailed or delivered to all who are known to have received a complete Request for Proposals.

A.05.3 After receipt of proposals, addenda shall be distributed only to offerors who submitted proposals, and those offerors shall be permitted to submit new proposals or to amend those submitted.

A.05.4 Each offeror shall ascertain prior to submitting a proposal that all addenda issued have been received and acknowledge on the proposal response form, by submission of a proposal, such act shall be taken to mean that such offeror has received all addenda, and that the offeror is familiar with the terms thereof and understands fully the contents of the addenda.

A.06 Evaluation of Proposals:

The proposals submitted by offerors shall be evaluated solely in accordance with the criteria set forth in the RFP. The Proposals shall be categorized as:

A.06.1 Acceptable;

A.06.2 Potentially Acceptable; that is, reasonably susceptible of being made acceptable; or A.06.3 Unacceptable.

A.07 Discussion of Proposals:

A.07.1 The Evaluation Panel may conduct discussions with any offeror who submits an acceptable or potentially acceptable proposal. Offerors shall be accorded fair and equal treatment with respect to any opportunity of discussion and revision of proposals. During the course of such discussions, the Evaluation Panel shall not disclose any information derived from one proposal to any other offeror.

A.07.2 During the initial discussion, the offeror shall be prepared to give an oral presentation covering the following topics:

(a) The specific services to be provided;

(b) Qualifications of the offeror, experience of personnel, etc;

(c) The working relationship to be established between the

County and the offeror, including, but not limited to, what each party should expect from the other.

(d) A review of the costs associated with this project.

A.08 Negotiations:

The County of Kane reserves the right to negotiate specifications, terms and conditions which may be necessary or appropriate to the accomplishment of the purpose of this RFP. The County may require the entire proposal be made an integral part of the resulting contract. This implies that all responses, supplemental information, and other submissions provided by the offeror during discussions or

5 | P a g e negotiations will be held by the County of Kane as contractually binding on the successful offeror.

A.09 Notice of Unacceptable Proposal:

When the Evaluation Panel determines an offeror’s proposal to be unacceptable, such offeror shall not be afforded an additional opportunity to supplement its proposal. The decision of the Evaluation Panel shall be final.

A.10 Confidentiality:

The County’s Director of Purchasing shall examine the proposals to determine the validity of any written requests for nondisclosure of trade secrets and other proprietary data identified. After award of the contract, all responses, documents, and materials submitted by the offeror pertaining to this RFP will be considered public information and will be made available for inspection, unless otherwise determined by the Director of Purchasing. All data, documentation and innovations developed as a result of these contractual services shall become the property of the County of Kane. Based upon the public nature of these RFP’s, an offeror must inform the County, in writing, of the exact materials in the offer which cannot be made a part of the public record in accordance with the Illinois Freedom of Information Act.

A.10.1 Confidential information submitted by the Vendor shall be labeled and shall be maintained in confidence to the extent permitted by the Illinois Open Meetings Act, and the Illinois Freedom of Information Act.

A.11 Proprietary Information:

Under the Illinois Freedom of Information Act, all records in the possession of Kane County are presumed to be open to inspection or copying, unless a specific exception applies. 5 ILCS 140/1.2 One exception is “[t]rade secrets and commercial or financial information obtained from a person or business where the trade secrets or commercial or financial information are furnished under a claim that they are proprietary, privileged or confidential, and that disclosure of the trade secrets or commercial or financial information would cause competitive harm to the person or business, and only insofar as the claim directly applies to the records requested.” 5 ILCS 140/7(1)(g). The County will assume that all information provided to us in a bid or proposal is open to inspection or copying by the public unless clearly marked with the appropriate exception that applies under the Freedom of Information Act. Additionally, if providing documents that you believe fall under an exception to the Freedom of Information Act, please submit both an un-redacted copy along with a redacted copy which has all portions redacted that you deem to fall under a Freedom of Information Act exception.

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A.12 Interpretation or Correction of Documents:

Vendors shall promptly notify the County of any ambiguity, inconsistency or error they may discover upon examination of the specification documents.

Interpretations, corrections and changes will be made by addendum.

A.13 Variances:

State or list by reference any variations to specifications, terms and conditions.

B. TERMS AND CONDITIONS

B.01 Authority:

This Request for Proposals is issued pursuant to applicable provisions of the Kane County Purchasing Department.

B.02 Errors in Proposals:

Offerors are cautioned to verify their proposals prior to submission. Negligence on the part of the offeror in preparing the proposal confers no right for withdrawal or modification of the proposal.

B.03 Reserved Rights:

The County of Kane reserves the right at any time and for any reason to cancel this Request for Proposals, or to accept an alternate Proposal. The County reserves the right to award one or more contracts for their services specified herein. The County reserves the right to waive any immaterial defect in any proposal. Unless otherwise specified by the offeror, the County has one hundred twenty (120) days to accept. The county may seek clarification from any offeror at any time and failure to respond promptly is cause for rejection.

Kane County reserves the right to compare pricing submitted to any and all known national joint purchasing cooperatives in order to obtain the lowest pricing available in the current market place for this contract award. The list of joint purchasing cooperatives is not all inclusive and may include other joint purchasing cooperatives Kane County is not currently aware of at the present time. Kane County reserves the right to award a contract to the lowest responsive, responsible vendor for said product or service after reviewing all joint purchasing cooperative pricing available for Kane County to participate in their program.

State of Illinois Central Management Services (CMS) Omnia Partners (formerly US Communities & National IPA) Sourcewell, TIPS, and BuyBoard

B.04 Incurred Costs:

The County of Kane will not be liable in any way for any costs incurred by respondents in replying to this RFP.

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B.05 Award:

Proposals will be evaluated and negotiated by the Evaluation Panel. The

Evaluation Panel shall have the authority and discretion to determine the qualifications, responsibility and capabilities of offerors, the reasonableness of price, and other factors (where applicable): (a) adherence to all conditions and requirements of the proposal specifications; (b) price; (c) qualifications of the Vendor, including past performance, financial responsibility, general reputation, experience, service capabilities, and facilities; (d) delivery or completion date; (e) product appearance, workmanship, finish, taste, feel, overall quality, and results of product testing; (f) maintenance costs and warranty provisions; and (g) repurchase or residual value.

B.05.1 Confidential information submitted shall be maintained in confidence to the extent permitted by the Illinois Open Meetings Act, and the Illinois Freedom of Information Act. The Evaluation Panel’s final recommendation and reports shall be forwarded to the appropriate committees of the Kane County Board for consideration and award of the contract.

B.06 Criteria for Selection:

All proposals will be evaluated based on the criteria as stated on the specification.

B.07 Pricing:

The price for the contract is to be held firm for the term of the contract.

B.08 Taxes:

The County of Kane is exempted from paying Illinois Retailers Occupation Tax and Federal Excise Tax.

B.09 Warranty:

Vendor expressly warrants that all goods and services (real property and all structures thereon) will conform to the drawings, materials, performance and any other specifications, samples or other description furnished by the County, and will be fit and sufficient for the purpose intended, merchantable, of good material and workmanship. Vendor agrees that these warranties shall run to Kane County, its successor, assigns, customers and users of the products or services and that these warranties shall survive acceptance of the goods or performance of the services.

B.10 Indemnity:

Vendor agrees to save, hold harmless, defend and indemnify the County of Kane and its Officers, Agents and Employees from any and all liability or loss incurred by the County of Kane resulting from Vendor’s noncompliance with any laws or regulations of any governmental authority having jurisdiction over Vendor’s performance of this contract and Vendor’s violation of any of the terms and conditions of this agreement, and from the Vendor’s negligence arising from, in

8 | P a g e any manner and in any way connected with, the terms and conditions of this Agreement and arising from the Vendor’s performance thereunder.

Vendor shall provide to the County of Kane proof of adequate insurance coverage to satisfy the indemnification provisions herein.

B.11 Equal Employment Opportunity:

The equal employment opportunity clause required by the Illinois Human Rights Act is hereby incorporated by reference in all contract made by the County of and in all bid specifications therefore furnished by the County to all Vendors, contractors and subcontractors.

The County of Kane, State of Illinois, represents that it and the employing agencies responsible to it, conform to the following:

We do not discriminate against any employee or applicant for employment because of race, creed, color, age, disability, religion, sex, national origin/ancestry, sexual orientation, marital status, veteran status, political affiliation, pregnancy, or any other legally protected status. We will take whatever action is necessary to ensure that applicants and employees are treated appropriately regarding all terms and conditions of employment. We will post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

We will, in all solicitations or advertisements for employees placed by or on behalf of the employing agencies, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, national origin, ancestry, age, sex, marital status, military status, sexual orientation, pregnancy or unfavorable discharge from military service. (Ordinance No. Res. No. 82-90, 6- 10-80; Res. No. 81-79, 6-9-81; Res. No. 82-90, 6-8-82; Res. No. 05-303, 9-23-05).

State law references—Illinois Human Rights Act, 775ILCS 5/1-101 et seq.

B.12 Default:

If delivery of services is not completed by the time promised, the County reserves the right, without liability, in addition to its other rights and remedies, to terminate the contract by notice effective when received by the Contractor.

B.13 Payments:

B13.1 The payment terms for this contract will be made on a monthly basis by the County of Kane.

B13.2 The County of Kane requests all payments being made to vendors be done as direct deposits through an Automated Clearing House (ACH).

All vendors being awarded a contract shall complete an authorization agreement form prior to award. The ACH form and registration information on this program can be located on the County’s Web site under County

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Forms and Templates for New Vendor Information on the Purchasing Department page - http://web.kane/SitePages/purchasing.aspx

B.14 Eligibility:

By signing the proposal response form, the Vendor hereby certifies that they are not barred from bidding on this contract as a result of a violation of Article 33E, Public Contracts of the Illinois Criminal Code of 1961, as amended (Illinois Complied Statutes, 720 ILCS 5/33E-1).

Prohibition to Award Contracts to Parties Debarred or Suspended:

No contract may be awarded to parties listed on the federal government Excluded Parties List System in the System for Award Management (SAM), on the State of Illinois’ list of sanctioned persons maintained by the Agency’s Office of Inspector General, or on the County’s own list of parties suspended or debarred from doing business with the County.

Debarment:

Debarment is the process of determining that a contractor is ineligible to received contract awards based upon a preponderance of evidence, usually a conviction.

Debarment is usually three (3) years in length. The name of the debarred contractor may be published as ineligible on the System for Award Management (SAM), which is a website administered by the U. S. General Services Administration, or on the list of sanctioned providers maintained by the State of Illinois Office of Inspector General.

Suspension:

Suspension is the process of determining that a contractor is ineligible to receive contract awards based upon adequate evidence, usually an indictment.

Suspension is a temporary measure having a 12-month limit. It is usually used pending completion of an investigation or legal proceedings. The name of the suspended contractor will be published as ineligible on the System for Award Management (SAM), which is a website administered by the U. S. General Services Administration, or on the list of sanctioned providers maintained by the State of Illinois Office of Inspector General.

B. 15 Communication during the Procurement Process:

In an effort to create a more competitive and unbiased procurement process, the

County desires to establish a single point of contact through the solicitation process. Therefore, from the issue date of any solicitation until the due date of the solicitation, all requests for clarification or additional information regarding the solicitation, or contact with County personnel concerning this solicitation or the evaluation process must only be through the Purchasing Department staff. Inquires will be collected by the Purchasing Department staff who will then submit the inquiries to the Department Head responsible for the procurement. Responses by the Department Head to the inquiries will be submitted to the Purchasing Department staff who will then distribute the responses to all vendors responding

10 | P a g e to the solicitation. In this way it will be assured that all vendors participating in the process will be receiving the same information. No contact regarding this solicitation with other County employees, agents of the County or elected officials is permitted unless expressly authorized by the Purchasing Director. A violation of this provision is cause for the County to reject the Bidder’s proposal. If it is later discovered that a violation has occurred, the County may reject any proposal or terminate any contract awarded pursuant to this solicitation.

B. 16 CERTIFICATE OF INSURANCE REQUIRED BY KANE COUNTY

Contractor to furnish and deliver prior to commencement of work, a completed Certificate of Insurance satisfactory to the requirements of County of Kane containing:

B.16.1 The Contractor and all Subcontractors shall provide a Certificate of Insurance naming the Owner (Kane County) as certificate holder and as additional insured. The certificate shall contain a 30-day notification provision to the owner (Kane County) prior to cancellation or modification of the policy.

B.16.2 Commercial General Liability insurance including Products/Completed Operations, Owners and Contractor Protective Liability and Broad Form Contractual Liability. The exclusion pertaining to Explosion, Collapse and Underground Property Damage hazards eliminated. The limit of liability shall not be less than the following:

General Aggregate $2,000,000 Products and Completed Operations $2,000,000 Personal and Advertising Injury $1,000,000 Each Occurrence $1,000,000 Or - Combined Single Limit $1,000,000

B16.2.1 Products and Completed Operation coverage is to remain in force for a period of two years after the completion of project.

B16.3 Business Automotive Liability Insurance including owned, hired and non-owned automobiles, and/or trailer and other equipment required to be licensed, with limits of not less than the following:

Each Person for Bodily Injury $1,000,000 Each Occurrence for Bodily Injury $1,000,000 Each Occurrence for Property Damage $1,000,000 Or - Combined Single Limit $1,000,000

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B16.4 Statutory Worker's Compensation insurance shall be in accordance with the provisions of the laws of the State of Illinois, including Occupational Disease Act provisions, for employees at the site of the project, and in case work is sublet, the Contractor shall require each Subcontractor similarly to provide this insurance. In case employees are engaged in work under this contract and are not protected under the Workers Compensation and Occupational Disease Act, the Contractor shall provide, and shall cause Subcontractor to provide, adequate and suitable insurance for the protection of employees not otherwise provided.

B16.5 Umbrella Liability:

Aggregate Limits $5,000,000

B16.6 Professional Liability policy to cover all claims arising out of the Consultant’s operations or premises, Sub-consultant’s operation or premises, anyone directly employed by the Consultant or Sub-consultant, and the Consultant’s obligation of indemnification under this Contract.

Limits:

Aggregate $1,000,000

Vendor to furnish a copy of the Endorsement showing Kane County, as an additional named insured on the General Liability, Auto, and Umbrella/Excess policies.

The Contractor shall cease operations on the project if the insurance is cancelled or reduced below the required amount of coverage.

C. CONTRACTOR DISCLOSURE

C.01 Prior to award, every contractor or vendor who is seeking or who has obtained contracts or change orders to contracts or two (2) or more individual contracts with Kane County resulting in an amount greater than Fifteen Thousand Dollars ($15,000) shall disclose to the Kane County Purchasing Department, in writing all cumulative campaign contributions, (which includes multiple candidates) made within the previous twelve (12) months of awarding of the contract made by that contractor, union, or vendor to any current officer or countywide elected officer whose office the contract to be awarded will benefit.

Disclosure shall be updated annually during the term of a multi-year contract and prior to any change order or renewal requiring Board level approval. For purposes of this disclosure requirement, “contractor or vendor” shall include owners, officers, managers, insurance brokers, lobbyists, agents, consultants, bond counsel and underwriters counsel, subcontractors, corporations, partnerships, associations, 12 | P a g e business trusts, estates, trustees, and/or beneficiaries under the control of the contracting person, and political action committees to which the contracting person has made contributions.

C.02 All contractors and vendors who have obtained or are seeking contracts with Kane County must disclose the following information which shall be certified and attached to the application or document. Penalties for knowingly violating disclosure requirements will potentially result in immediate cancellation of the contract, and possible disbarment from future County contracts:

C.02.1 Name, address and percentage of ownership interest of each individual or entity having a legal or a beneficial interest of more than five percent (5%) in the applicant. Any entity required by law to file a statement providing substantially the information required by this paragraph with any other government agency may file a duplicate of such statement;

C.02.2 Names and contact information of their lobbyists, agents and representatives and all individuals who are or will be having contact with County employees or officials in relation to the contract or bid.

This information disclosure must be updated when any changes to the information occurs.

C.02.3 Whenever any interest required to be disclosed in paragraph (a) above is held by an agent or agents, or a nominee or nominees, the principals for whom such agents or nominees hold such interest shall also be disclosed. The application of a spouse or any other party, if constructively controlled by another person, or legal entity as set forth above, shall state the name and address and percentage of beneficial interest of such person or entity possessing such constructive control and the relationship under which such control is being or may be exercised.

Whenever a stock or beneficial interest is held by a corporation or other legal entity, such shareholder or beneficiary shall also make disclosure as required by paragraph C.02.1 above.

C.02.4 A statement under oath that the applicant has withheld no disclosures as to economic neither interests in the undertaking nor reserved any information, data or plan as to the intended use or purpose for which it seeks County Board or other county agency action.

C.03 All disclosures and information shall be current as of the date upon which the application is presented and shall be maintained current until such time as Kane County shall take action on the application. Furthermore, this information shall be

13 | P a g e maintained in a database by the Purchasing Department, and made available for public viewing.

C.04 Notwithstanding any of the above provisions, the County Purchasing Department with respect to contracts awarded may require any such additional information from any applicant which is reasonably intended to achieve full disclosure relevant to the application for action by the County Board or any other County agency.

C.05 Any failure to comply with the provisions of this section shall render any ordinance, ordinance amendment, County Board approval or other County action in behalf of the applicant failing to comply voidable at the option of the County Board or other County agency involved upon the recommendation of the County Board Chairman or the majority of the County Board.

D. LAW GOVERNING:

D.01 This contract shall be governed by and construed according to the laws of the State of Illinois.

E. Illinois Non-Appropriation Clause:

A forfeit clause is provided pursuant to the Illinois Non-Appropriation Clause of funds for government entities that if funds or budgets are not approved, service may be cancelled. No early cancellation penalties will be assessed, but the customer must be given 30-day notice of intent to cancel.

F. Termination for Cause:

This Contract may be terminated by the County at any time upon thirty (30) days written notice, or by either party in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. This Contract is also subject to termination by either party if either party is restrained by state or federal law of a court of competent jurisdiction from performing the provisions of this Agreement. Upon such termination, the liabilities of the parties to this Contract shall cease, but they shall not be relieved of the duty to perform their obligations up to the date of termination. Mailing of such notice, as and when above provided, shall be equivalent to personal notice and shall be deemed to have been given at the time of mailing.

If this Contract is terminated due to the County's substantial failure to perform, the Contractor shall be paid for labor and expenses incurred to date, subject to setoff for any damages, losses or claims against the County resulting from or relating to Contractor’s performance or failure to perform under this agreement.

In the event of termination by the County upon notice and without cause, upon completion of any phase of the Basic Services, fees due the Contractor for services rendered through such phase shall constitute total payment for services. In the event of such termination

14 | P a g e by the County during any phase of the Basic Services, the Contractor will be paid for services rendered during the phase on the basis of the proportion of work completed on the phase as of the date of termination to the total work required for that phase.

In the event of any such termination, the Contractor also will be reimbursed for the charges of independent professional associates and contractors employed by the Contractor to render Basic Services, and paid for all unpaid Additional Services and Reimbursable Expenses not in dispute.

Reimbursable expenses mean the actual expenses incurred by the Contractor or the Contractor’s independent professional associates or contractors, directly or indirectly in connection with the Project.

G. Litigation

Vendors are required to disclose if they have been a party to any lawsuits or arbitration proceedings involving their services within the last five years. Provide status or outcome of any such proceedings disclosed.

H. Holidays (see special provisions)

Kane County is closed for business on the following holidays: New Year’s Day; Martin Luther King, Jr. Day; Lincoln’s Birthday, Washington’s Birthday, Spring Holiday, Memorial Day, Juneteenth, Independence Day; Labor Day, Columbus Day; Veteran’s Day, Thanksgiving Day, Day following Thanksgiving Day, Christmas Day.

I. RESPONSIBLE BIDDER REQUIREMENTS (If applicable)

On August 8, 2023, the Kane County Board approved a Responsible Bidder Ordinance 23-340 which requires additional information and documentation from responders bidding on public works construction projects.

Included in this bid package is a Responsible Bidder Requirements Form. This document must be filled out and returned with the (bid/proposal). Failure to comply with all submission requirements set forth in Kane County Ordinance No. 23-340 is grounds for the County of Kane to determine that a submission is incomplete, which may result in a determination that Contractor is not a responsible bidder. In accordance with Kane County Ordinance No. 23-340, a Contractor that is actively classified as “pre-qualified” or “qualified” by the Purchasing Department is exempt from the comprehensive submission requirements and is not required to submit a Responsible Bidder Requirements Form.

J. PREVAILING WAGE RATES (If applicable)

WHEREAS, it is the policy of the State of Illinois as declared in “An ACT regulating wages of laborers, mechanics and other workman employed in any public works by the State, 15 | P a g e

County, City or any political subdivision or by any work under construction for public works” approved June 26, 1941, that a wage of no less than the general prevailing hourly rate as paid for work of a similar character in a locality in which work is performed, shall be paid to all laborers, workmen and mechanics employed by and on behalf of any and all public body engaged in public works, exclusive of maintenance work. Responsive Bidders must include with their bid a separate sheet showing trades to be employed and wage rates to be paid.

The current Illinois Department of Labor Prevailing Wage Rates for the County of Kane are available at their website http://www.state.il.us/agency/idol/. Prevailing wage rates are subject to revision monthly. Copies of the current prevailing wage rates are also available at the Kane County Purchasing Department, 719 Batavia Avenue, Rooms 211, 212, 214, Geneva, IL 60134.

The Employment of Public Workers on Public Works Act is active and requires the employment of 90% of the employees on this project be Illinois residents 30

ILCS570/3.

Not less than the prevailing rate of wages as determined by the Illinois Department of Labor shall be paid to all laborers, workers and mechanics performing work under this contract. State Statutes regarding Prevailing Wage and the current wage rates are available online at www.state.il.us/agency/idol/rates/rates. The Prevailing Wage rate applies to the other participating Counties where the work is to be performed. You must retain payroll records for 5 years and make those records available for inspection by the County or the Illinois Department of Labor. You must submit monthly certification of payroll records.

A determination by the Illinois Department of Labor of debarment for violation of the Prevailing Wage Act shall result in the Contractor being automatically deemed non-responsible for the period of debarment without further proceedings by the County.

This contract calls for the construction of a "public work," within the meaning of the Illinois Prevailing Wage Act, 820 ILCS 130/.01 et seq. ("the Act"). The Act requires contractors and subcontractors to pay laborers, workers and mechanics performing services on public works projects no less than the "prevailing rate of wages" (hourly cash wages plus the amount for fringe benefits) in the county where the work is performed. The Illinois Department of Labor publishes the prevailing wage rates on its website at http://www.state.il.us/agency/idol/rates/rates.HTM. The Department revises the prevailing wage rates and the contractor/subcontractor has an obligation to check the Department’s website for revisions to prevailing wage rates. For information regarding current prevailing wage rates, please refer to the Illinois Department of Labor’s website.

All contractors and subcontractors rendering services under this contract must comply with all requirements of the Act, including but not limited to, all wage requirements and notice and recordkeeping duties

Effective September 1, 2020, the Illinois Department of Labor (IDOL) has activated an electronic database (Payroll Portal) capable of accepting and retaining certified payrolls

16 | P a g e submitted under the State of Illinois Prevailing Wage Act (830 ILCS/130/1). All contractors and subcontractors completing work for Kane County pursuant to the Act must submit all certified payroll through the IDOL Payroll Portal. In order to receive payment for work conducted for Kane County, contractors must provide the e-mail certification received from their IDOL submittal and any subcontractors working on the project with each of their pay requests.

CERTIFIED PAYROLL REQUIREMENTS (Public Act 94-0515) Effective August 10, 2005 contractors and subcontractors on public works projects must submit certified payroll records on a monthly basis to the public body in charge of the construction project, along with a statement affirming that such records are true and accurate, that the wages paid to each worker are not less than the required prevailing rate and that the contractor is aware that filing records-he-or-she-knows-to-be-false-is-a-Class- B-misdemeanor.

The certified payroll records must include for every worker employed on the public works project the name, address, telephone number, social security number, job classification, hourly wages paid in each pay period, number of hours worked each day, and starting and ending time of work each day. These certified payroll records are considered public records and public bodies must make these records available to the public under the Freedom of Information Act, with the exception of the employee's address, telephone number and social security number. Any contractor who fails to submit a certified payroll or knowingly files a false certified payroll is guilty of a Class B misdemeanor.

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STATEMENT OF WORK

For

Building Automation System (BAS) Services

I. OVERVIEW

The County of Kane is accepting competitive sealed proposals from qualified and experienced Contractor(s) to provide various Building Automation System (BAS) design, install, maintenance and repair services, including emergency repairs, to County operated facilities for the Kane County Building Management Department. This is a prevailing wage bid.

II. INTENT OF SPECIFICATIONS

It is the intent and purpose of these specifications that all labor, supervision, transportation, tools, equipment and materials necessary for the contractor to provide completion of all work be provided. County of Kane reserves the right to purchase any or all materials for the completion of any project assigned to the Contractor.

III. SPECIFICATIONS & REQUIREMENTS

The Contractor shall provide all services necessary to maintain the BAS and associated controls systems in safe, reliable, functional, and operational condition throughout the County building locations through the entirety of the Contract Term.

The Contractor’s primary responsibilities shall include, but shall not be limited to:

• Oversee County BAS Systems including Service and Regular Maintenance

• Preventive maintenance, inspection, testing, calibration of BAS equipment and components, regular system evaluation and deficiency reporting

• Troubleshooting, repair, and replacement of BAS hardware, controls, sensors, actuators, valves, and related components.

• BAS programming, configuration, graphics, scheduling, alarming, trending, and database maintenance.

• Emergency, after-hours, and On-Call service, as requested by the County.

• Coordination with the Owner, facility personnel, and other contractors as necessary.

• Trouble shoot/Diagnose Issues both physically and remoting

• Respond to County Requests for remote monitoring, diagnosis and manipulation

• Advise on system settings and sequencing

• Respond to emergency and non-emergency On-Call service requests related to

BAS and BAS controlled components

• Perform repairs to BAS controlled components

• Maintain and advise county on software and equipment licensing

• Advise and recommend action for BAS solutions regarding obsolete systems including hardware and software

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• Advise on creating and implementation for BAS solutions regarding the standardization of interface operation throughout all buildings throughout all campuses

• Periodic training of county staff (at least once annually)

• Other work necessary to maintain the safe, reliable, and efficient operation of the

BAS.

i. Building Automation Systems:

The Contractor shall have knowledge of the different building automation systems (BAS) located throughout the County; this is critical for the proper troubleshooting and repair of equipment. Some of the County’s building utilize anyone of the four (4) different manufacturers: Triduum N4 and AX Jaces, Johnson Controls Inc. (JCI) Metasys, Carrier and Trane. Contractor Personnel shall be certified and trained in each of these systems, including advance training in N4 integration with certification.

Kane County Service Locations:

County Government Complexes & Locations

Government Center 719 S. Batavia Avenue Geneva, IL 60134

Judicial Center 37W777 Route 38 St. Charles, IL 60175

Juvenile Justice Center 37W655 Route 38 St. Charles, IL 60175

Sheriff’s Office & Jail 37W755 Route 38 St. Charles, IL 60175

Branch Court Building 540 S. Randall Road St. Charles, IL 60174

Multi Use Facility 37W699 Route 38 St. Charles, IL 60175

Child Advocacy Center 427 W. Campbell Street Geneva, IL 60134

Health Department 1240 Highland Avenue Aurora, IL 60506

Court Services 1330 N. Highland Avenue Aurora, IL 60506

Animal Control 4060 Keslinger Road Geneva, IL 60134

Division of Transportation 41W011 Burlington Road St. Charles, IL 60175

Third Street Courthouse 100 S. Third Street Geneva, IL 60134

Elgin Health Department 2170 Point Boulevard Elgin, IL 60123

PLEASE NOTE:

This is our current Kane County building location list. You would also be responsible for any future additional locations that may be acquired or constructed by Kane County during the contract period.

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ii. Contractor Experience:

1. Contractor shall demonstrate a minimum of ten (10) years of experience in the commercial mechanical, temperature control, Building Automation System (BAS) and life/safety systems

2. Journeyman technician assigned to maintain the County of Kane facilities must be license and certified with appropriate Governmental and Manufacturer licensing.

3. Journeyman technician assigned to maintain mechanical systems must be qualified to service the equipment under the contract as well as all associated Direct Digital Controls (DDC) Systems, electric, and electronic controls.

4. Apprentices may assist Journeyman provided Journeyman is responsible for and supervising the work of the apprentice.

iii. Subcontracting:

Services that are to be provided will be performed by qualified and trained service personnel that are directly employed by the contracted vendor.

Under no condition shall any work specified herein be subcontracted without the prior knowledge and acceptance of the County. If a subcontractor is agreed to, documentation on their experience, personnel, and references must be provided to the County for review.

iv. Response Times:

1. One (1) hour remote response for all emergency service calls.

2. Two (2) hour onsite response when necessary to address Emergency

Service Calls

3. 24-hour response time for non-emergency service calls.

4. Contractor shall be available for service 24-hours a day.

v. General:

Possess valid State license, certificate or identification card meeting government regulation.

1. The Contractor will assign to this contract a Primary and secondary contact, together with their work, pager/cellular and after hours (home) telephone numbers and full After hour emergency service call procedure and contact info

2. The contractor shall be responsible for providing the proper amount of licensed personnel required to complete all projects in a timely manner.

3. The contractor shall understand and conform to all local, County and State building codes.

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4. The successful Contractor shall submit a written quotation with a “Not to Exceed” price for each project. The quotation will be based on the proposal prices submitted in the Offer to Contract Form. The County reserves the right to bid individual projects as it may deem in its best interest.

5. The Contractor will be required, when making routine and/or call out service visits to have the service man/crew check in upon arrival with the appropriate Kane County building engineer or designee before proceeding with work. Upon completion of work, the service visit ticket must be presented and signed by the appropriate Kane County building engineer or designee.

6. The Contractor or their agent shall obtain all permits and fees, which may be required by law or ordinance prior to commencing removal or demolition or other work.

7. Contractor will be responsible for field verification and documentation of actual conditions.

8. If requested by the County, the Contractor will provide material waivers for each project.

9. Kane County reserves the right to provide any materials that best serve the County.

10. The Contractor is required to have County approval for any Sub- Contractor to perform work within the County under this contract.

11. Journeymen technician shall have at least six (6) years’ of experience in their required fields, both troubleshooting and maintenance.

Ability to comprehend technical instructions, understand basic typical HVAC and operations, provide technical knowledge and problem solving.

Understand safety guidelines, policies, recognized safety hazards and take precautionary actions to ensure the safety of building occupants.

Ability to read blueprints, diagrams, schematics, building plans, charts, and instruction materials.

Have the proper tools and equipment for any required services.

Able to work from ladders, scaffolds, as scope of work requires.

Ability to communicate with building engineer and the public.

All work areas to be kept in an orderly condition, free of unnecessary material and equipment. All debris shall be cleaned up and hauled away daily by the Contractor.

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IV. SPECIAL PROVISIONS

A. Secured Areas:

Kane County has several high security buildings where required services might take place. The awarded contractor shall take the necessary steps to ensure their safety along the publics.

i. The Contractor shall upon award supply a completed Criminal History and Background Check for all their employees who may be working at the jobsite with security restrictions.

ii. The Contractor will provide the County with a complete list of all persons duly authorized to work on projects. Only those persons will be allowed to work within secured areas. Contractor’s personnel authorized to work within secured areas may be subject to fingerprinting and criminal security check performed by the County. The County will issue temporary identification cards, which will be kept by County’s security personnel and issued and collected on a daily basis.

iii. The County may require the Contractor to remove any worker who has been convicted of a felony, who is a family member of an inmate, or who violates any provision of this bid.

iv. Work being performed within certain areas may require an escort provided by the County. These areas shall not be entered into without a County escort. Work within these areas may be restricted to spaces that need to be observed by the County’s escort.

v. All tools and equipment taken into a secured area shall be listed in a manifest with copies provided to County’s security personnel. All tools and equipment shall be accounted for at the close of each day. All changes to the inventory shall be addressed by changing the manifest.

The Contractor is responsible for proper storage of tools and equipment when in a secured area. Report all broke tools and equipment to the County’s security personnel.

B. Asbestos:

Various Kane County Buildings have been found to contain asbestos in one or more building materials. A list of Kane County Buildings that contain asbestos in available upon request. Upon award, the Contractor shall be required to fill out and sign the County’s “Outside Service Company Representative Notice.”

C. Optional Intergovernmental Pricing:

This optional participation program would be for the use of any governmental taxing body in Kane County who should chose to be a part of this program.

Note: The County of Kane will not be involved in purchasing process by any other intergovernmental units (taxing bodies). The invoicing and payments

22 | P a g e would be entirely between the other intergovernmental units and the contracted Vendor(s). If the County of Kane accepts this bid, the procedure to handle joint purchases would be developed by the County of Kane and the awarded Vendor(s) and then distributed to the other intragovernmental units by the Kane County Purchasing Department.

D. Continuation of Services for Existing Projects After Term:

Notwithstanding any other provision of this RFP or any resulting agreement, the County reserves the right, at its sole discretion, to continue working with the selected Vendor beyond the initial contract term and any exercised extensions for the limited purpose of completing any active, outstanding, or uncompleted work that was duly authorized during the active contract term.

E. Bid Response:

Hourly Rates entered on the Proposal Response Form must include all overhead and profit. No additional costs will be paid by the County, which includes but is not limited to administrative charges, fuel charges, freight/shipping or handling charges and any other costs associated with providing the services unless specified directly on the Offer to Contract form.

The overtime rate for holiday work shall apply only to…

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