Loading...
HomeMy WebLinkAbout04-334 Resolution No.04-334 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE TRANE COMPANY FOR HEMMENS CHILLER OVERHAUL BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED that David M. Dorgan, City Manager, be and is hereby authorized and directed to execute an agreement on behalf of the City of Elgin with The Trane Company,for the overhaul of a Hemmens chiller,a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: December 15, 2004 Adopted: December 15, 2004 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk • CITY OF ELGIN AGREEMENT FOR: HEMMENS CHILLER OVERHAUL This Agreement is made and entered into this 7 day of Qreernbcr,2004 by and between the City of Elgin("the CITY"),a municipal corporation organized and existing under the laws of the State of Illinois, and The Trane Company, incorporated in the state of DE and having a principal place of business at 7100 Madison Street,Willowbrook,IL 60527-5505("the CONTRACTOR"). ARTICLE I. DEFINITION. "THIS CONTRACT" as used herein shall mean this Agreement and any attachments thereto. ARTICLE II. SCOPE OF WORK. See Attachment A hereto. ARTICLE III. ARTICLE II. DURATION. The CONTRACTOR shall commence the performance of THIS CONTRACT upon receipt of a fully executed contract. ARTICLE III. TERMINATION. The following shall constitute events of default under THIS CONTRACT: a) any material misrepresentation made by the CONTRACTOR to the CITY,b) any failure by the CONTRACTOR to perform any of its obligations under THIS CONTRACT including,but not limited to,the following: (i) failure to commence performance of THIS CONTRACT at the time specified in THIS CONTRACT due to a reason or circumstance within the CONTRACTOR's reasonable control, (ii) failure to perform THIS CONTRACT with sufficient personnel and equipment or with sufficient material to ensure the completion of THIS CONTRACT within the specified time due to a reason or circumstance within the CONTRACTOR's reasonable control,(iii) failure to perform THIS CONTRACT in a manner reasonably satisfactory to the CITY,(iv) failure to promptly re-perform within reasonable time the services that were rejected by the CITY as erroneous or unsatisfactory, (v) failure to comply with a material term of THIS CONTRACT,including,but not limited to the Affirmative Action requirements,and(vi) any other acts specifically and expressly stated in THIS CONTRACT as constituting a basis for termination for cause. The CITY may terminate THIS CONTRACT for its convenience upon fourteen(14)days prior written notice. ARTICLE IV. DAMAGES. From any sums due to the CONTRACTOR for services,the CITY may keep for its own the whole or any part of the amount for expenses,losses and damages as directed by the Purchasing Director,incurred by the CITY as a consequence of procuring services as a result of any failure,omission or mistake of the CONTRACTOR in providing services as provided in THIS CONTRACT. ARTICLE V. GOVERNING LAWS AND ORDINANCES. This CONTRACT is made subject to all the laws of the State of Illinois and the ordinances of the CITY and if any such clause herein does not conform to such laws or ordinances,such clause shall be void(the remainder of the contract shall not be affected)and the laws or ordinances shall be operative in lieu thereof. ARTICLE VI. AFFIRMATIVE ACTION. The CONTRACTOR will not discriminate against any employee or applicant for employment because of race,color,religion,sex,ancestry,national origin,place of birth,age or physical handicap which would not interfere with the efficient performance of the job in question. The CONTRACTOR will take affirmative action to comply with the provisions of Elgin Municipal Code Section 3.12.100 and will require any subcontractor to submit to the CITY a written commitment to comply with those provisions. The CONTRACTOR will distribute copies of this commitment to all persons who participate in recruitment,screening,referral and selection of job applicants and prospective subcontractors. The CONTRACTOR agrees that the provisions of Chapter 3.12 of the Elgin Municipal Code, 1976,is hereby incorporated by reference, as if set out verbatim. ARTICLE VII. ASSIGNABILITY. The CONTRACTOR shall not assign, sell or transfer any interest in THIS CONTRACT without prior written consent of the CITY. ARTICLE VIII. AMENDMENTS. There shall be no modification of the CONTRACT,except in writing and executed with the same formalities of the original. • ARTICLE IX. NOTICES.Any notice given under this CONTRACT shall be in writing and shall be deemed to have been given when hand delivered or deposited in the U.S.mail,certified or registered,return receipt requested,addressed, if to CONTRACTOR,at the address set forth above to the attention of the project manager or undersigned representative, and if to the City,to the attention of the City Manager, 150 Dexter Court,Elgin,IL 60120 or to such other address and/or authorized representatives as either party shall designate in writing to the other in the manner herein provided. ARTICLE X. INDEMNIFICATION. To the fullest extent permitted by law,Contractor agrees to and shall indemnify, defend and hold harmless the City,its officers,employees,boards and commissions from and against any and all claims, suits,judgments,costs,attorney's fees,damages or any and all other relief or liability arising out of or resulting from or through or alleged to arise out of any acts or negligent acts or omissions of Contractor or Contractor's officers, employees, agents or subcontractors in the performance of this agreement, including but not limited to, all goods delivered or services or work performed hereunder.In the event of any action against the City,its officers,employees, agents,boards or commissions covered by the foregoing duty to indemnify,defend and hold harmless,such action shall be defended by legal counsel of the City's choosing. ARTICLE XI. PUBLICITY. The CONTRACTOR may not use,in any form or medium,the name of the City of Elgin for public advertising unless prior written permission is granted by the CITY. ARTICLE XII. AUTHORIZATION. This CONTRACT is in the best interests of the CITY and is authorized by law. ARTICLE XIII. ENTIRE AGREEMENT. This CONTRACT embodies the whole agreement of the parties. There shall be no promises, terms, conditions or obligations other than those contained therein; and this agreement shall supersede all previous communications,representations,or agreements,either verbal or written,between the parties. The person signing THIS CONTRACT certifies that s/he has been authorized by the CONTRACTOR to commit the CONTRACTOR contractual and has been authorized to execute THIS CONTRACT on its behalf. IN W " ESS WHEREOF the parties have hereto set their hands the day and year first above written. CO T r CTO'S CITY OF ELGIN ame and itle / David Dorgan City Manager FEIN NO. �0700If C,5 • CITY OF ELGIN AGREEMENT FOR: EXCAVATION AND HAULING OF SPECIAL WASTE Contractor shall excavate soils containing lead and/or petroleum, designated as "special waste." Contractor shall disposal of any excavated "special waste" at the landfill nearest to Elgin that is authorized and able to receive same. Payment for excavation and disposal of"special waste" shall be as follows: $36.25 per ton for excavation and removal of soils that have been designated "special waste." The maximum obligation of the City under this contract shall not exceed $200,000. City of Elgin, Illinois Hemmens Auditorium • TRANE® Helical Rotary Compressor Inspection, Complete Regasketing & Capacity Control Service Model No: RTH8150... & Serial No: U96F05018 1. f fs-.'" - _:ate-, ., _ Proposal TRAHE- The Trane Company A Division of American Standard Inc. Prepared For: Date: October 13, 2004 Mr. Richard Hoke Building Maintenance Supervisor Prepared By: Ed Harding Job Name: Account Executive City of Elgin, Illinois The Trane Company Hemmons Auditorium 7100 Madison St. Willowbrook, IL 60527-5505 Phone: (630) 734-6165 Payment Terms: N30 Fax: (630) 323-7480 Delivery Terms:FA-PPD Helical Rotary Compressor Inspection, Complete Regasketing&Capacity Control Service Equipment Type: Water Cooled Helical Rotary Chiller MFG Model Number Serial Number Trane RTHB150F... U96F05018 The TRANE Company recommends this internal inspection be performed every eight years to prevent machine leaks, machine failures, to increase the life and reliability of the machine and to help prevent unscheduled downtime. The Trane Company will provide this inspection, which includes the following scope of work: Scope of Work:, El Comprehensive Inspection: x Replace all compressor and liquid gaskets. x Replace all refrigerant and oil filters. x Replace compressor labyrinth seal. x Inspect liquid and economizer line integrity. x Complete rebuilding of the capacity control devices (slide valve& electronic expansion valve). x Labor, rigging and refrigerant recovery equipment required to disassemble the machine, inspect the compressor, reassemble, pressure test, evacuate and recharge the unit with owner's refrigerant. El Please see the attached "Steps & Procedures." **- ff;hit 44, • • *'*Please see the following page for Pricing *** Trane Proposal Page 2 •City of Elgin,Illinois PRICING Amount Helical Rotary Compressor Inspection &Capacity Control Service: $22, 176 .00 Notes: O The price for this inspection includes replacement of the parts described on the previous page and in the steps and procedures. Additional repairs will be quoted as necessary upon inspection (such as, but not limited to: helical rotors and motor rotor). • The existing HCFC-22 will be re-used. Additional refrigerant, if necessary, is not included and will be billable in addition to this proposal. O Liquid and economizer line repairs, upon inspection, will be quoted in addition to this proposal. O This price does not include premium time (PT) labor. If PT labor is required and approved, the difference between PT and regular time will be billable in addition to this proposal. ll ASHRAE Std. 15 requirements for refrigerant monitor and self-contained breathing apparatus are not included. Please request a separate proposal if the equipment room does not meet this requirement. O Disposition of waste oil - the owner/operator will be responsible for removal/disposal of waste oil, if necessary. O The existing insulation will be re-used where possible. New insulation, if necessary, will be quoted in addition to this proposal. O An Eddy Current Tube Analysis (ECTA) of both the condenser and evaporator tube bundles is recommended to be performed prior to the completion of this service. The price for the ECTA is not included in this proposal. Please request a separate quotation. Thank you for this opportunity to be of service. Please let me know if I may provide anything further to help the success of this project. Acceptance of Proposal By Customer: Signed By: Title: Date: Purchase Order: **This proposal is subject to the attached"Standard Contract Terms and Conditions"** Trane Proposal Pape 3 -City of Elgin October 13, 2004 For Services performed in the United States, "Trane" employees or agents. The duty to indemnify will continue in full force shall mean Trane, a division of American Standard and effect, notwithstanding the expiration or early termination hereof, Inc. For Services performed in Canada, "Trane" with respect to any claims based on facts or conditions that occurred prior to expiration or termination. NOTWITHSTANDING ANY shall mean WABCO Standard Trane Co., except CONTRARY PROVISION, TRANE SHALL NOT BE LIABLE FOR where the context provides otherwise. INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE (INCLUDING WITHOUT LIMITATION LOST REVENUE OR PROFITS), CLAIMED Trane's Services are furnished pursuant to and NEGLIG NCE,E STRICT LIABILITY FOR OANYAOT ERR LEGAL subject to the following terms and conditions, THEORY OR FACTS. except for any Services that are the subject of a pre- existing valid written agreement currently in effect 5. Asbestos and Hazardous Materials. Trane's services expressly between Trane and Customer, in which case such exclude any identification, abatement, cleanup, control, disposal, removal or other work connected with asbestos or other hazardous written agreement shall apply. materials (collectively, "Hazardous Materials"). Should Trane become aware of or suspect the presence of Hazardous Materials, Trane may 1. Acceptance. A proposal made upon these terms is subject immediately stop work in the affected area and shall notify Customer. to acceptance within thirty days from date and the prices are subject to Customer will be responsible for taking any and all action necessary to change without notice prior to acceptance by Customer. If your order is correct the condition in accordance with all applicable laws and an acceptance of a written proposal, on a form provided by Trane, regulations. Customer shall be exclusively responsible for any claims, without the addition of any other terms and conditions of sale or any liability, fees and penalties, and the payment thereof, arising out of or other modification, this document shall be treated solely as an relating to any Hazardous Materials on or about the premises, not acknowledgment of such order, subject to credit approval. If your brought onto the premises by Trane. Trane shall be required to order is not such an acceptance, then this document is Trane's offer, resume performance of the services only when the affected area has subject to credit approval,to provide the Services solely in accordance been rendered harmless. with the following terms and conditions of sale. If we do not hear from you within two weeks from the date hereof, Trane shall rely upon your 6. Insurance. Trane maintains insurance in the following minimum silence as an acceptance of these terms and conditions and amounts during the Term: Commercial General Liability--$1,000,000 performance will be made in accordance herewith. Customer's per occurrence; Automobile Liability — $1,000,000 CSL; Workers acceptance of Services by Trane on this order will in any event Compensation -- Statutory Limits. If Customer has requested to be constitute an acceptance by Customer of these terms and conditions. named as an additional insured under Trane's insurance policy, Trane will do so but only to the extent of Trane's indemnity assumed under 2. Payment and Taxes. Payment is due upon receipt of Trane's the indemnity provision contained herein. Trane does not waive any invoice.A service charge of 11/2%on unpaid balances may be charged rights of subrogation. by Trane. In addition to the stated Service Fee, Customer shall pay all taxes not legally required to be paid by Trane or, alternatively, shall 7. Performance. Services will be performed during normal working provide Trane with acceptable tax exemption certificates. Customer hours with any overtime or emergency labor billed separately, unless shall pay all costs (including attorneys' fees) incurred by Trane in otherwise agreed to in writing. Duty to perform under this agreement attempting to collect amounts due. Any after-hours services shall be and the price hereof are subject to the approval of Trane's credit billed according to then prevailing overtime or emergency rates. department and is also contingent upon strikes, accidents, fires, the inability to procure materials from the usual sources of supply,or upon 3. Warranties. (a) Trane manufactured material supplied is any event beyond the control of Trane. Upon disapproval of the credit warranted be free from defect in material and manufacture for a period department or upon the occurrence of any such event as aforesaid, of 12 months from date of start-up or replacement and Trane's Trane may delay performance or, at its option, renegotiate prices, obligation under this warranty is limited to repairing or replacing the terms and conditions with the Customer. If Trane and Customer are defective part at its option;(b)workmanship is warranted(to have been unable to agree on such revisions, this agreement shall be canceled properly performed) for a period of 90 days from completion and without any liability, other than Customer's obligation to pay for Trane's obligation under this warranty is limited to correcting any services rendered by Trane to the date of cancellation. improperly performed services; and (c) material and/or parts not manufactured by Trane, a division of American Standard Inc., are not 8. General. This agreement contains all of the agreements, warranted by Trane and shall have such warranties as are extended to representations and understandings of the parties and supersedes all Trane by the respective manufacturer. THE WARRANTY AND previous understandings, commitments or agreements,oral or written, LIABILITY SET FORTH IN THIS SECTION ARE IN LIEU OF ALL related to the subject matter hereof. If any part of this agreement is OTHER WARRANTIES AND LIABILITIES, WHETHER IN deemed to be unlawful, invalid, void or otherwise unenforceable, the CONTRACT OR IN NEGLIGENCE, EXPRESS OR IMPLIED, IN LAW rights and obligations of the parties shall be reduced only to the extent OR IN FACT, INCLUDING IMPLIED WARRANTIES OF required to remove the invalidity or unenforceability.Customer may not MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR assign, transfer, or convey this agreement, or any part hereof, without FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL the written consent of Trane. Subject to the foregoing,this agreement TRANE BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL shall bind and inure to the benefit of the parties hereto and their (INCLUDING WITHOUT LIMITATION LOST REVENUE OR permitted successors and assigns. No modifications, additions or PROFITS), OR PUNITIVE DAMAGES. NO REPRESENTATION OR changes may be made to this agreement except in a writing signed by WARRANTY OF MERCHANTABILITY OR FITNESS OF PURPOSE Trane. IS MADE REGARDING PREVENTION BY THE SCOPE OF SERVICES, OR ANY COMPONENT THEREOF, OF MOLD, Applicable only in the United States: FUNGUS, BACTERIA, MICROBIAL GROWTH, OR ANY OTHER 9. Equal Employment Opportunity/Affirmative Action Clause. CONTAMINATES. TRANE SPECIFICALLY DISCLAIMS ANY Trane is a federal contractor which complies fully with Executive Order LIABILITY IF THE SCOPE OF SERVICES OR ANY COMPONENT 11246, as amended, and the applicable regulations contained in 41 THEREOF IS USED TO PREVENT OR INHIBIT THE GROWTH OF C.F.R. Parts 60-1 through 60-60, 29 U.S.C. Section 793 and the SUCH MATERIALS. applicable regulations contained in 41 C.F. R. Part 60-741; and 38 U.S.C. Section 4212 and the applicable regulations contained in 41 4. Indemnity and Liability. Trane shall indemnify, defend and hold C.F.R.Part 60-250. Customer harmless from any and all claims, actions, costs, expenses, damages and liabilities, including reasonable attorneys'fees, resulting from death or bodily injury or damage to real or personal property, to the extent caused by the negligence or misconduct of Trane,and/or its Trane Proposal