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HomeMy WebLinkAbout10-74 c j r a ry Resolution No. 10-74 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH TRANE U.S., INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Sean R. Stegall,City Manager,be and is hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Trane U.S., Inc. for purchase of BCU upgrades, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: April 14, 2010 Adopted: April 14, 2010 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk CITY OF ELGIN AGREEMENT WITH TRANE U.S.,INC. FOR PURCHASE OF BCU UPGRADES THIS AGREEMENT is made and entered into this\'\ day of %%CI� , 2010 by and between the City of Elgin ("the CITY"), a municipal corporation organized and existing under the laws of the State of Illinois, and Trane Chicago, incorporated in the State of Delaware and having a principal place of business at 7100 South Madison, Willowbrook, Illinois ("the CONTRACTOR"). ARTICLE I. DEFINITION. "THIS CONTRACT"as used herein shall mean this Agreement,the Request for Proposals (RFP) including all documents referenced therein and the Contractor's Proposal response dated January 25, 2010-Project Name: City of Elgin BCU Upgrades 2009 (Proposal)thereto,attached hereto as Attachment A and incorporated by reference herein and made a part hereof. The CONTRACTOR agrees to provide the goods and/or services all in accordance with the RFP and CONTRACTOR'S Proposal. In the event there is a conflict between this Agreement and the Proposal documents, this Agreement shall supersede the Proposal documents. ARTICLE II. DURATION AND SCHEDULE. The CONTRACTOR shall commence the performance of THIS CONTRACT upon receipt of a fully executed Contract from the City. The work shall be complete when the CONTRACTOR has provided, delivered and installed the Equipment requested by the CITY. CONTRACTOR shall complete the delivery and installation of the Building Automation Equipment and Programming on or before December 30 , 2010. Compensation to the CONTRACTOR shall be in the amount of Fifty-Four Thousand Two Hundred Eighty Two Dollars ($54,282). Such compensation shall be paid to the CONTRACTOR within thirty(30) days following CONTRACTOR'S completion of its work and the system being testing and operational. 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 goods or 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 goods or services as a result of any failure,omission or mistake of the CONTRACTOR in providing goods or 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. 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. 2 1 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. APPROPRIATIONS.The fiscal year of the CITY is the 12 month period ending December 31. The obligations of the CITY under any contract for any fiscal year are subject to and contingent upon the appropriation of funds sufficient to discharge the obligations which accrue in that fiscal year and authorization to spend such funds for the purposes of the contract. If,for any fiscal year during the term of the CONTRACT, sufficient funds for the discharge of the CITY'S obligations under the contract are not appropriated and authorized, then the CONTRACT shall terminate as of the last day of the preceding fiscal year, or when such appropriated and authorized funds are exhausted, whichever is later, without liability to the CITY for damages, penalties or other charges on account of such termination. ARTICLE XIII. COMPLIANCE WITH LAWS. Notwithstanding any other provision of this CONTRACT it is expressly agreed and understood that in connection with the performance of this CONTRACT that the CONTRACTOR shall comply with all applicable Federal, State, City and other requirements of law, including, but not limited to, any applicable requirements regarding prevailing wages,minimum wage,workplace safety and legal status of employees. Without limiting the foregoing, CONTRACTOR hereby certifies, represents and warrants to the CITY that all CONTRACTOR'S employees and/or agents who will be providing products and/or services with respect to this CONTRACT shall be legal residents of the United States. CONTRACTOR shall also at its expense secure all permits and licenses,pay all charges and fees and give all notices necessary and incident to the due and lawful prosecution of the work,and/or the products and/or services to be provided for in this CONTRACT. The CITY shall have the right to audit any records in the possession or control of the CONTRACTOR to determine CONTRACTOR'S compliance with the provisions of this section. In the event the CITY proceeds with such an audit the CONTRACTOR shall make available to the CITY the CONTRACTOR'S relevant records at no cost to the CITY. CONTRACTOR shall pay any and all costs associated with any such audit. ARTICLE XIV. WARRANTY. CONTRACTOR shall and hereby does include a one (1) year parts and labor warranty on all of the labor and products to be provided as part of this CONTRACT. Such one (1) year warranty shall be from the date of installation by the CONTRACTOR. CONTRACTOR shall correct at its sole cost any defects in any parts or labor provided pursuant to this CONTRACT. ARTICLE XV. 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. 3 IN WITNESS WHEREOF the parties have hereto set their hands the day and year first above written. CONTRACTOR CITY OF ELGIN By tid, Name and Title all •-pr5;24cT 'F r Q�c-� L�A.t7�2 FEINNO. e2<' 061co4i 'Acknowledged and proceeding but only in accordance with Trane Proposal dated "SAte , 25 , 20IC) . F:\Legal Dept\forms\Bid Doc-Agreement-Trane Chicago Service-BCU Upgrades 2009.doc 4 City of Elgin BAS Upgrades 2009 Opp Id: 928945 MANE. WE MAKE BUILDINGS WORK BETTER FOR LIFE.'" Building Services - -:i�M AA •. . .. .:�1• • .... Trane U.S. Inc. 7100 South Madison Willowbrook, IL 60527-5505 Phone: (630) 734-6165 Fax: (630) 323-7480 January 25, 2010 Richard Hoke Site Address: Building Maintenance Superintendent Elgin City of Elgin City Of 150 Dexter Court 150 Dexter Court ELGIN, IL 60120 U.S.A. ELGIN, IL 60120 U.S.A. Attention: Richard Hoke Project Name: City of Elgin BCU Upgrades 2009 We are pleased to offer you this proposal for performance of the following services for the Equipment listed. Services will be performed using Trane's Exclusive Service Procedure to ensure you get full benefit of our extensive service experience, coupled with the distinct technical expertise of an HVAC Equipment manufacturing leader. Our innovative procedure is environmentally and safety conscious, and aligns expectation of work scope while providing efficient and productive delivery of services. Equipment List Equipment Qty Manufacturer Model Number Serial Number Area Served/ Asset Tag Building Control 6 Trane BMTS/W/X Misc Unit (E96G06533) Currently the BAS (Building Automation System) systems in the City Hall building, Hemmens and the Law building have the original release of main controllers running the buildings. These panels or computers are from 1995 and 1996. These computers are now 13 to 14 years old and are in need of upgrading. The main panel or computer is called a Building Control Unit. These computers are the first generation of Building Control Unit(BCU) computers released by Trane. These BCU's need to be upgraded to the newest generation that have the current expected options and benefits of a new computer/BAS system. Currently City Hall, Hemmens, Recreation Center and the Law building are connected by a dedicated fiber optic /Ethernet network. The BCU computers are not compatible with an IP (internet protocol) communications that is currently connecting all the City of Elgin buildings. We propose to upgrade the existing original BCU computers to allow the computers to communicate over the City of Elgin's existing network system. This will upgrade the 13 year old computers and allow them to use IP communications to open up access to the BAS system to more maintenance people. We will upgrade the current Summit software to an Enterprise version so that multiple people can be scheduled as available to receive critical alarms from system, have the database located on a more robust platform that current and have 1 location for the custom graphics. ATTACHMENT A ©2010 Trane All rights reserved Page I of I Trane Service Quote City of Elgin BAS Upgrades 2009 Opp Id: 928945 In addition a new software program,Tracer ES will allow access to the system and alarms using any computer connected to the City of Elgin's network system or having access to the network. Each user will have a specific username and password that will only allow the correct people to manipulate the system. Other users will be able to view the buildings and there operations but will not have the ability to make changes to the system. By using this program the person that is on call will be able to use their personal computer at home or anywhere to log into the Tracer ES and view the nature of the alarm and determine if immediate action is needed or if the alarm can be acknowledged and acted upon the next business day. If a maintenance technician is at another building they only need to log onto any computer on your network and view the problem or make a temperature adjustment as needed. Scope of Service • Supply and install 3 BMTX model Building Control Unit computers • Supply and install Tracer Summit Enterprise software on the existing Summit workstation • Supply and install Tracer ES software on a customer supplied server with Microsoft SQL software • Set up Enterprise software for email alarm alerts. • Provide customer training on Tracer ES system Benefits: Replace 3 existing 14 year old BCU computers Ability to make global changes to the system User friendly scheduling interface Process Tracker, monitor processes in progress with programming Easy to use navigation tree New Alarm handling with comment field to allow different users to keep track of alarms Data logging Easy access, no special software needed Complete Web Based Control of your Building Network ©2010 Trane All rights reserved Page 2 of 2 Trane Service Quote City of Elgin BAS Upgrades 2009 ' Opp Id:928945 Scope of Service • Supply and install 3 BMTX model Building Control Unit computers • Supply and install Tracer Summit Enterprise software on the existing Summit workstation • Supply and install Tracer ES software on a customer supplied server with Microsoft SQL software • Set up Enterprise software for email alarm alerts. • Provide customer training on Tracer ES system Pricing and Acceptance Total Price. $54,282.00 USD Clarifications 1. Applicable taxes are not included and will be added to the invoice. 2. Any service not listed is not included. 3. Work will be performed during normal Trane business hours. I appreciate the opportunity to earn your business,and look forward to helping you with all of your services needs. Please contact me if you have any questions or concerns. This proposal is valid 30 days from January 24, 2010. This agreement is subject to Customer's acceptance of the attached Trane U.S. Inc.Services Terms and Conditions. SUBMITTED BY: Ed Harding Proposal Date:January 24, 2010 License Number: Account Executive CUSTOMER ACCEPTANCE Trane ACCEPTANCE Trane U.S. Inc. Authorized Representative Authorized Representative Printed Name Title Title Purchase Order Acceptance Date Signature Date ©2010 Trane All rights reserved Page I of I Trane Service Quote City of Elgin BAS Upgrades 2009 Opp Id: 928945 TERMS AND CONDITIONS—QUOTED SERVICE safely perform the Services in compliance with OSHA or state industrial "Company"shall mean Trane U.S.Inc.. safety regulations. 1. Acceptance. These terms and conditions are an integral part of 6.Exclusions. Unless expressly included in the Proposal,the Services Company's offer and form the basis of any agreement(the"Agreement") do not include,and Company shall not be liable for,any of the following: resulting from Company's proposal(the"Proposer)for the services(the (a)Any guarantee of room conditions or system performance; "Services") on equipment listed in the Proposal (the "Covered (b) Inspection, operation, maintenance, repair, replacement or Equipment"). The Proposal is subject to acceptance In writing by the performance of work or services outside the Services; party to whom this offer is made or an authorized agent ("Customer") (c)Damage,repairs or replacement of parts made necessary as a result delivered to Company within 30 days from the date of the Proposal. If of the acts or omission of Customer or any Event of Force Majeure; Customer's order is an acceptance of the Proposal,without the addition of (d)Any claims,damages,losses,or expenses,arising from or related to any other terms and conditions of sale or any other modification, this conditions that existed in,on,or upon the premises before the effective document shall be treated solely as an acknowledgment of such order. If date of this Agreement ("Pre-Existing Conditions") including, without Customer's order is expressly conditioned upon the Company's limitation, damages, losses, or expenses involving a Pre-Existing acceptance or assent to terms and/or conditions other than those Condition of building envelope issues, mechanical issues, plumbing expressed herein,return of such order by Company with these terms and issues,and/or indoor air quality issues involving mold/mould and/or fungi; conditions attached or referenced serves as Company's notice of and objection to Customer's terms and as Company's counter-otter to provide (e) Replacement of refrigerant is excluded, unless replacement of Services in accordance with scope and terms and conditions of the refrigerant is expressly stated as Included with the Proposal. original Proposal. If Customer does not reject or object in writing to Company within 10 days, the Company's counter-offer will be deemed 7. Warranty.Company warrants that:(a)for a period of 12 months from accepted. Customer's acceptance of goods and/or Services by Company the earlier of the date of equipment start-up or replacement the material will in any event constitute an acceptance by Customer of these terms manufactured by Company and furnished hereunder is free from defects and conditions. This Agreement is subject to credit approval by Company. in material and manufacture; and (b) the labor/labour portion of the Upon disapproval of credit,Company may delay or suspend performance Services is warranted to have been properly performed for a period of 90 or, at its option, renegotiate prices and/or terms and conditions with days from date of completion(the"Warranty"). Defects must be reported Customer. If Company and Customer are unable to agree on such to Company within the Warranty period.Company's obligation under the revisions, this Agreement shall be cancelled without any liability, other Warranty is limited to repairing or replacing the defective part at its option than Customer's obligation to pay for Services rendered by Company to and to correcting any improperly performed labor/labour. No liability the date of cancellation. whatsoever shall attach to Company until the Services have been paid for in full. Exclusions from this Warranty include damage or failure arising 2. Services Fees and Taxes. Fees for the Services (the "Service from:wear and tear,corrosion,erosion,deterioration;Customer's failure Fee(s)") shall be as set forth in the Proposal and are based on to follow the Company-provided maintenance plan; and modifications performance during regular business hours. Fees for outside Company's made by others to Company's equipment. Company shall not be normal business hours and any after-hours services shall be billed obligated to pay for the cost of lost refrigerant or lost product. Additional separately according to then prevailing overtime or emergency terms and conditions of warranty coverage are applicable for refrigeration labor/labour rates. In addition to the stated Service Fee,Customer shall equipment. pay all taxes not legally required to be paid by Company or,alternatively, Notwithstanding the foregoing, all warranties provided herein terminate shall provide Company with acceptable tax exemption certificates. upon termination or cancellation of this Agreement. Customer shall pay all costs (including attorneys' fees) incurred by Equipment,material and/or parts that are not manufactured by Company Company in attempting to collect amounts due. are not warranted by Company and have such warranties as may be extended by the respective manufacturer. 3. Payment Payment is due upon receipt of Company's invoice. THE WARRANTY AND LIABILITY SET FORTH IN THIS SECTION Company reserves the right to add to any account outstanding for more ARE IN LIEU OF ALL OTHER WARRANTIES AND LIABILITIES, than 30 days a service charge equal to the lesser of the maximum WHETHER IN CONTRACT OR IN NEGLIGENCE, EXPRESS OR allowable legal interest rate or 1.5%of the principal amount due at the end IMPLIED,IN LAW OR IN FACT,INCLUDING IMPLIED WARRANTIES of each month. Customer shall pay all costs(including attorneys'fees) OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE incurred by Company in attempting to collect amounts due or otherwise OR FITNESS FOR A PARTICULAR PURPOSE AND/OR OTHERS enforcing these terms and conditions. ARISING FROM COURSE OF DEALING OR TRADE. UNLESS EXPRESSLY WARRANTED IN WRITING FOR CERTAIN HUSSMANN 4. Customer Breach. Each of the following events or conditions shall BRANDED EQUIPMENT,COMPANY MAKES NO REPRESENTATION constitute a breach by Customer and shall give Company the right, OR WARRANTY EXPRESS OR IMPLIED REGARDING PREVENTION without an election of remedies,to terminate this Agreement or suspend BY THE SCOPE OF SERVICES, OR ANY COMPONENT THEREOF, performance by delivery of written notice declaring termination, upon OF MOLD/MOULD,FUNGUS,BACTERIA,MICROBIAL GROWTH,OR which event Customer shall be liable to the Company for all Services ANY OTHER CONTAMINATES. COMPANY SPECIFICALLY furnished to date and all damages sustained by Company(including lost DISCLAIMS ANY LIABILITY IF THE SCOPE OF SERVICES OR ANY profit and overhead):(1)Any failure by Customer to pay amounts when; COMPONENT THEREOF IS USED TO PREVENT OR INHIBIT THE or(2)any general assignment by Customer for the benefit of its creditors, GROWTH OF SUCH MATERIALS. or if Customer becomes bankrupt or insolvent or takes the benefit of any THE WARRANTY AND LIABILITY SET FORTH IN THIS AGREEMENT statute for bankrupt or insolvent debtors,or makes or proposes to make ARE IN LIEU OF ALL OTHER WARRANTIES AND LIABILITIES, any proposal or arrangement with creditors,or if any steps are taken for WHETHER IN CONTRACT OR IN NEGLIGENCE, EXPRESS OR the winding up or other termination of Customer or the liquidation of its IMPLIED,IN LAW OR IN FACT,INCLUDING IMPLIED WARRANTIES assets,or if a trustee,receiver,or similar person is appointed over any of OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR the assets or interests of Customer; (3)Any representation or warranty PURPOSE. furnished by Customer in connection with this Agreement is false or misleading in any material respect when made; or (4) Any failure by 8. Indemnity.Company and Customer shall indemnify,defend and hold Customer to perform or comply with any material provision of this harmless each other from any and all claims,actions,costs,expenses, Agreement. damages and liabilities, including reasonable attorneys' fees, resulting from death or bodily injury or damage to real or personal properly,to thr 5.Performance.Company shall perform the Services in accordance with extent caused by the negligence or misconduct of the indemnifying party industry standards generally applicable in the area under similar Company, and/or its respective employees or authorized agents in circumstances as of the time Company performs the Services. Company connection with their activities within the scope of this Agreement. is not liable for any claims,damages,losses,or expenses,arising from or Neither party shall indemnify the other against claims, damages, related to work done by or services provided by individuals or entities that expenses,or liabilities to the extent attributable to the acts or omissions of are not employed by or hired by Company. Company may refuse to the other party. If the parties are both at fault,the obligation to indemnify perform any Services or work where working conditions could endanger shall be proportional to their relative fault. The duty to indemnify will property or put at risk the safety of people.Unless otherwise agreed to by continue in full force and effect, notwithstanding the expiration or early Customer and Company,at Customer's expense and before the Services termination hereof,with respect to any claims based on facts or conditions begin,Customer will provide any necessary access platforms,catwalks to that occurred prior to expiration or termination. ©2010 Trane All rights reserved Page 2 of 2 Trane Service Quote • Elgin city of BCU Upgrades 2009 Opp Id:928945 9. Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE bodies and boards of contract appeals of the Federal Government.This CONTRARY, NEITHER PARTY SHALL BE LIABLE FOR SPECIAL, Agreement contains all of the agreements, representations and INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY NATURE understandings of the parties and supersedes all previous (INCLUDING WITHOUT LIMITATION REFRIGERANT LOSS, understandings,commitments or agreements,oral or written, related to PRODUCT LOSS, LOST REVENUE OR PROFITS), OR PUNITIVE the subject matter hereof. This Agreement contains all of the agreements, DAMAGES WHETHER CLAIMED UNDER CONTRACT,WARRANTY, representations and understandings of the parties and supersedes all NEGLIGENCE,STRICT LIABILITY OR ANY OTHER LEGAL THEORY previous understandings, commitments or agreements, oral or written, OR FACTS. Should Company nevertheless be found liable for any related to the subject matter hereof.Except as provided for Service Fee damages they shall be limited to the purchase price of the Services for adjustments, this Agreement may not be amended, modified or one location over a 12 month term. IN NO EVENT SHALL SELLER BE terminated except by a writing signed by the parties hereto. No LIABLE FOR ANY DAMAGES RESULTING FROM MOLD, FUNGUS, documents shall be incorporated herein by reference except to the extent BACTERIA,MICROBIAL GROWTH,OR Company is a signatory thereon. If any term or condition of this OTHER CONTAMINATES OR AIRBORNE BIOLOGICAL AGENTS. Agreement is invalid,illegal or incapable of being enforced by any rule of law, all other terms and conditions of this Agreement will nevertheless 10. Asbestos and Hazardous Materials. Company's services remain in full force and effect as long as the economic or legal substance expressly exclude any identification, abatement, cleanup, control, of the transaction contemplated hereby is not affected in a manner disposal, removal or other work connected with asbestos or other adverse to any party hereto. Customer may not assign, transfer, or hazardous materials (collectively, "Hazardous Materials"). Should convey this Agreement,or any part hereof,without the written consent of Company become aware of or suspect the presence of Hazardous Company. Subject to the foregoing,this Agreement shall bind and inure Materials,Company may immediately stop work in the affected area and to the benefit of the parties hereto and their permitted successors and shall notify Customer. Customer will be responsible for taking any and all assigns. This Agreement may be executed in several counterparts,each action necessary to correct the condition in accordance with all applicable of which when executed shall be deemed to be an original,but all together laws and regulations. Customer shall be exclusively responsible for any shall constitute but one and the same Agreement. A fully executed claims,liability,fees and penalties,and the payment thereof,arising out of facsimile copy hereof or the several counterparts shall suffice as an or relating to any Hazardous Materials on or about the premises, not original. No modifications, additions or changes may be made to this brought onto the premises by Company. Company shall be required to Agreement except in a writing signed by Company. resume performance of the services only when the affected area has been rendered harmless. 14. Equal Employment Opportunity/Affirmative Action Clause. Company is a federal contractor which complies fully with Executive 11. Insurance. Company agrees to maintain the following insurance Order 1 1246,as amended,and the applicable regulations contained in 41 during the term of the contract with limits not less than shown below and C.F.R. Parts 60-1 through 60-60, 29 U.S.C. Section 793 and the will,upon request from Customer,provide a Certificate of evidencing the applicable regulations contained in 41 C.F.R.Part 60-741;and 38 U.S.C. following coverage: Section 4212 and the applicable regulations contained in 41 C.F.R. Part Commercial General Liability $2,000,000 per occurrence 60-250 in the United States and with Canadian Charter of Rights and Automobile Liability $2,000,000 CSL Freedoms Schedule B to the Canada Act 1982 (U.K.) 1982, c. 11 and Workers Compensation Statutory Limits applicable Provincial Human Rights Codes and employment law in In the event Company agrees to name Customer or others as an Canada. additional insured, Company will do so but only under its primary Commercial General Liability policies to the extent of the indemnity 15. U.S.Government Contracts. obligation assumed herein. In no event does Company waive its right of The following provision applies only to direct sales by Company to subrogation. the US Government. The Parties acknowledge that all items or services ordered and delivered under this Agreement / Purchase Order are 12. Force Majeure. Company's duty to perform under this Agreement is Commercial Items as defined under Part 12 of the Federal Acquisition contingent upon the non-occurrence of an Event of Force Majeure. If Regulation (FAR). In particular, Company agrees to be bound only by Company shall be unable to carry out any material obligation under this those Federal contracting clauses that apply to "commercial" suppliers Agreement due to an Event of Force Majeure, this Agreement shall at and that are contained in FAR 52.212-5(e)(1). Company complies with Company's electron(i)remain in effect but Company's obligations shall be 52.219-8 or 52.219-9 in its service and installation contracting business. suspended until the uncontrollable event terminates or(fi)be terminated The following provision applies only to indirect sates by Company upon ten(10)days notice to Customer,in which event Customer shall pay to the US Government. As a Commercial Item Subcontractor,Company Company for all parts of the Services furnished to the date of termination. accepts only the following mandatory flow down provisions: 52.219-8; An"Event of Force Majeure"shall mean any cause or event beyond the 52.222-26;52.222-35; 52.222-36; 52.222-39;52.247-64. If the Services control of Company. Without limiting the foregoing, "Event of Force are in connection with a U.S.government contract,Customer agrees and Majeure"includes:acts of God;acts of terrorism,war or the public enemy; hereby certifies that it has provided and will provide current,accurate,and flood; earthquake; lightning; tornado; storm; fire; civil disobedience; complete information,representations and certifications to all government pandemic insurrections;riots;labor disputes;labor or material shortages; officials,including but not limited to the contracting officer and officials of sabotage; restraint by court order or public authority (whether valid or the Small Business Administration, on all matters related to the prime invalid),and action or non-action by or inability to obtain or keep in force contract,including but not limited to all aspects of its ownership,eligibility, the necessary governmental authorizations,permits,licenses,certificates and performance. Anything herein notwithstanding, Company will have or approvals if not caused by Company and the requirements of any no obligations to Customer unless and until Customer provides Company applicable government in any manner that diverts either the material or with a true, correct and complete executed copy of the prime contract the finished product to the direct or indirect benefit of the government. Upon request,Customer will provide copies to Company of all requested written communications with any government official related to the prime 13. General. Except as provided below,to the maximum extent provided contract prior to or concurrent with the execution thereof,including but not by law,this Agreement is made and shall be interpreted and enforced in limited to any communications related to contractor's Customer's accordance with the laws of the state or province in which the Services ownership,eligibility or performance of the prime contract. Customer will are performed. Any dispute arising under or relating to this Agreement obtain written authorization and approval from Company prior to providing that is not disposed of by agreement shall be decided by litigation in a any government official any information about Company's performance of court of competent jurisdiction located in the state or province in which the the Services that are the subject of this offer or agreement,other than the Services are performed. To the extent the premises are owned and/or Proposal or this Agreement. operated by any agency of the Federal Government,determination of any substantive issue of law shall be according to the Federal common law of 1-10.48(1009) Government contracts as enunciated and applied by Federal judicial Supersedes 1-10.48(0909) ©2010 Trane All rights reserved Page 3 of 3 Trane Service Quote TRANE' Safety Building Services Trane's Safety Standard Trane is committed to providing a safe work environment for all employees and to preventing accidents in its business operations.To accomplish our objectives Trane has instituted safety programs, procedures and training that incorporate a progressive approach to injury prevention. Proven Safety Success Trane's safety culture in America is unparalleled in the building services industry and has demonstrated proven results via continuous reduction of injury rates. Trane Injury Rates v. Industry Competitors Total Recordable Rate. Industry Comparëson DAMN Rata-Industry Comparison +311.--NVPCContractor«11.•Specialty-TradeCor racacr—de•—Trane HVA Cortf stir 4.110iPOcialWirarSteltWilit-iFt.-340# 3.6 7 2003 2304 ..2035. 2036` 2037 2009 2033 2 l04 2006; 2000 200 ; •2008 Comparison Industries Data from US Bureau of Labor Statistics-NAICS Codes: —1—1-IVAC.Repair&Maintenance Contractors(MI Industry)—811310 r—HVAC Specialty Trade Contractors(Construction)-238220 Industry comparison data from US Bureau of Labor Statistics • WE MAKE BUILDINGS WORK BETTER FOR LIFE" TRANS' Building Services Trane Injury Rates v. Industry Competitors (continued) Trane's incident (OSHA) rates are consistently 50-70% below the industry average. This outstanding safety achievement is the end result of the rigorous team oriented approach to our safety program that creates accountability and empowerment in all employees and management and fuels our institutional safety culture. This is the key to our continual improvement. Safety Tools, Training & Expertise Trane's service and contracting technicians are not only among the most skilled in the industry they are also extensively trained in safe work procedures. Our technicians receive safety training, equipment,tools, procedures, and management support to identify jobsite hazards and take appropriate measures to prevent personal injuries. The resources available to Trane technicians include: • Safety Training—20 hrs per year, including classroom and web-based platforms. -Topics include, but are not limited to, Lockout/Tagout, Confined Space Entry, Hazard Communication, Respiratory Protection, Hearing Conservation, Excavations, Scaffolding, Rigging, Powered Industrial Truck operation, Ladders, Vehicle Safety, Fire Protection, PPE, Emergency Response, First Aid/CPR. • Electrical Safety—NFPA 70E compliant—electrical PPE; flame-resistant clothing;training. • Fall Protection—full complement of fall arrest and fall restraint equipment for each technician. • Ergonomics—custom-designed for HVAC field technicians, includes training, material handling equipment and procedures. • Smith System Safe Driving Program—Trane's safety Managers are certified instructors;safety Managers train technicians; 1-800"How's My Driving?"stickers are located on the back of service vehicles. • USDOT compliance—technicians scheduled within Material of Trade and Hours of Service limits and are fully qualified under Department of Transportation rules for driving commercial motor vehicles with GVWR >10,000 and 26,000 lbs. • Refrigerant Management— Service technicians are trained to manage refrigerant in accordance with U.S. EPA rules using a sophisticated electronic tracking system developed by Trane. • Empowerment-Technicians are empowered with full management support to address safety hazards as they see fit. If ever in doubt about how to do a job or task safely,the technician is required to ask a qualified person for assistance before proceeding with work. Management Leadership and Commitment Accident prevention is a primary responsibility of management at Trane. Trane's safety culture is based on the following management principles: • Leadership at the local level manages the local organization's safety performance. • Management is financially accountable for safety performance. • Local management is actively engaged in risk reduction activities and training and manages safety performance outcomes. • Management clearly communicates to all Trane employees their safety expectations and strongly enforces compliance with those expectations. • Employees are held accountable when they fail to meet safety expectations. Local management and supervisory personnel at the local level are responsible for implementation of the following safety program elements: • The Safety Management System developed by Trane—developed in accordance with OHSAS 18001. WE MAKE BUILDINGS WORK BETTER FOR LIFE' • OTRANE• Building Services Management Leadership and Commitment (continued) • Audits and Inspections—Supervisors, Middle and Upper Managers must conduct field inspections. Corporate Safety conducts detailed compliance and management systems audits. • Company safety compliance programs—ensure that they are fully implemented. • Safety and environmental performance—tracked using a Balanced Scorecard with leading and lagging indicators and metrics. • Subcontractor Qualification—implement this process to promote safety and safety plan compliance on multi-employer job sites. • Six Sigma and Lean—use these productivity tools to enhance safety on job sites. • Drug and Alcohol Policy— mandatory DOT required for-cause and post-accident testing after recordable injuries and property damage. • Motor Vehicle Records Search —annual checking of driving records of employees driving company vehicles. Jobsite Safety Equals Customer Value At Trane safety is part of our culture for every employee. What this means to our customers is fewer job site accidents and the delays and liability concerns that come along with them. What this means to our staff is greater confidence in the practices and procedures they use on the job and the pride that comes from working for one of the premier service organizations in the world. Tighter safety standards and fewer accidents can also lead to better on-time project completion and higher quality results. When you use Trane Building Services to install, maintain or upgrade your building systems you will take full advantage of our superior safety program, low incident rates and subcontractor safety management procedures. These help you manage project risk more effectively than you could using multiple contractors or even a single prime contractor with a less impressive safety record. WE MAKE BUILDINGS WORK BETTER FOR LIFE'" ,c;OF f<„I� City of Elgin Agenda Item No. VI March 25, 2010 '• �� `� '� TO: Mayor and Members of the City Council , FROM: Sean R. Stegall, City Manager A-e--61-41 R • ar i "� " -ry}t;er „«,,: Rich Hoke, Building Maintenance Superintendent , SUBJECT: Building Automation System Upgrade PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to enter into a contract for the upgrade of the City's building automation system. RECOMMENDATION It is recommended that the City Council award a sole source contract for the upgrade to the City's building automation system to Trane Chicago Service of Willowbrook, IL in the amount of$54,282. BACKGROUND The City of Elgin currently uses a building automation system for the control of the HVAC systems in the Police Facility, City Hall, Hemmens, the Centre and the Riverside Water Plant. The building automation system is a computer based control system used to operate and monitor the many pieces of HVAC equipment in these buildings which must work together to maintain a comfortable and efficient indoor environment. The original system was installed in 1995. The building control units (BCUs) are the computer hardware that operates the system. These units are currently hardwired together from building to building and can only be accessed from the central work station located at City Hall. Recently, the City began experiencing communication problems with the older BCUs on the system at one location and had a fiber optic line fail between two of the buildings causing a loss of control. Staff explored possible solutions to the problem and several issues arose that need to be addressed as follows: the failing older BCUs; the older BCUs inability to communicate with an IP connection; the failed fiber optic line; the need for a work station in the Building Maintenance office at Holmes Road; the current system's inability to send alarms out beyond the workstation; and the inability to access the system from other locations. Building Automation Upgrade March 25, 2010 Page 2 Options were explored with Trane, the building automation system manufacture. Trane offered an upgrade to their Tracer ES system. The Tracer ES system would require the replacement of three older BCUs (upgrading the 15 year old computers) to allow them to run the new graphics applications and communicate with each other through a standard IP connection. This system could then be accessed with the proper passwords from any computer that has an interne connection. The on-call maintenance personnel could also receive alarms to their cell phone and access the system from home. Repairs to keep the current system running would cost approximately $35,000. The installation of the new system would eliminate the need to repair the damaged fiber optic lines and eliminate the need to purchase additional software licenses and work stations for the maintenance office at Holmes Road. This system in the long run should cost less than making the repairs, expanding the system and maintaining the current system. This system will also improve the efficiency of the maintenance staff to respond to HVAC related issues as many issues can be fixed or diagnosed from the computer far quicker than a technician can respond to the site. The contract with Trane would include the replacement of three older BCUs, Tracer ES software, required setup and training of Maintenance staff. The replacement equipment must be compatible with the remaining Trane equipment and is therefore available only from Trane and qualifies as a sole source procurement. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. 0,FINANCIAL IMPACT The total contract cost for the project with Trane Chicago Service would be $54,282. Funds for this project were not originally budgeted. A budget transfer from project number 340015, "Maintenance Dept. Relocation" is recommended as $150,000 was budgeted and $140,195 is available to be reprogrammed. Subsequent to City Council approval, $54,282 would be budgeted in the Riverboat Fund, account number 275-0000-791.32-36, project number 340018, "Building Automation Upgrade" to pay for this initiative. L GAL IMPACT None R . : Building Automation Upgrade March 25, 2010 Page 3 ALTERNATIVES 1. The City Council may choose to award a contract to Trane Chicago Service in the amount of$54,282. 2. The City Council may choose not to award a contract. RH Attachment £ _ yr" {{ ' ;g-g Y`�A"i t� t p "� q 3e d •kf 4P1 , Y I 5 �, y: ' s..s � 4 Take Control of Your Government Facilities with Tracer .�*' t 1,: 1,. : Wf ,.., `_ . ....-1 ,,Att&MNINIZIIUMAIM zammatvww- r_s"tia -w' . - ,� . , 1 ,F' ' ' } } ' Government organizations at the federal,state and municipal level must try to k • J{ E accomplish the seemingly impossible task of reducing facility-related expenses in -; z C ---,....,A...) the face of rising energy costs, increasing building usage,stricter indoor air quality ,i '—' requirements and ongoing maintenance expenditures for aging systems.is i q 9 9 P g 9 Y ;° 1 t ,6, .'i-..-... ` ,. ''*. Tracer ESTm,the Trane web-based building automation solution,can help govern 0 Ir 1 11 ment organizations overcome the budgetary,environmental,management and z • -. purchasing challenges of operating multiple-facility operations. Tracer ES accommodates the k * ' facility management needs of +- Operating Cost Challenges: {" .4r government organizations that s •Years of deferred maintenance have left many government facilities with , , operate multiple facilities.Tracer inadequate or failing systems and outdated technology.At the same time,strict 40 ES software resides on a central purchasing regulations and tight budgets restrict the ability to invest in large scale server that can be accessed from repairs or replacements. 0 � ��. any secure Internet connection. •Energy costs represent a significant operating expense;and rising costs make Its open,non-proprietary design �' a enables integration and Gommu forecasting difficult and unpredictable. It is imperative that governmental institu- �ti* •'. g • tons control energy consumption and develop energy reduction strategies. s; nication with both Trane and non-Trane systems. •The use of proprietary technology increases costs by locking buyers into a single , ; vendor for system additions,effectively eliminating options for competitive bidding. e0 r. :, Facility management staff ''- •Expenditures for purchasing, licensing and maintaining computer hardware, ti.Ktig• ;, can use Tracer ES to remotely `�' ", software and upgrades are a continuous drain on IT budgets and personnel. monitor and control HVAC t _' systems,lighting,and energy ,r° Operating Cost Solution: t . management throughout your Tracer ES lets you immediately access operating data so you can monitor and , facilities to positively impact compare energy consumption and costs.As a result you'll be able to make better .t. ,1 operational efficiency,occupant i.• decisions on how to optimize facility operations for energy savings. t . comfort and productivity,building ' . ';`'` ' " health and performance,and Tracer ES is built on an open platform that allows integration and communication . between • multi p le Platforms—whether old or new Trane or not.As a result old : 4 " . � operating costs. y : systems can be gradually replaced over time to help minimize budget pressures , ,. To learn more about Tracer ES, and make sure your institution won't be locked into a single,proprietary vendor ,rz $ ..*,k visit www.Trane.com of contact a A • modular design also helps conform to purchasing regulations and eases the strain .. Tracer ES Product Specialist a,_ on budgets by reducing expenditures on unwanted or unnecessary features. Because , 1 80D TRACER1 ,• Tracer ES resides on a central server, your organization will see a reduction in the - cost of purchasing and maintaining multiple software and hardware platforms. .:� . , NI 1 , _ii . , ..l r 1 ..1iim A , .,.:,,A‘.....„ .. , . -,„ ,, li - , . ., , • if !`1'' ! . .,.- g, 1, r >y 1• S3 \ ji 51.---,61,,,,,rlie.,,,,,,re.Fs-,411414.P.:,.''.1'i•'''MeStIOVIA=NW,°:.Y=44$'4,,f..' '''i,"'.7*.,t:0:414.;;4t.T,i'l'''.:ilf'''' l d •,‘ �e�r a ..e rW,cA a�a � 2§r '� ; Dg sWa ''*':,zi , i' I i "4,..':' . ,3 4 , '1',,"CV'+'',4,4115;'.i40,hr-4.fti.Sti:F5qH.::'.'s,9PUit'ilt'Z.1,1 tV.Aise-„0-•:„...4.*iy. '..4.47.•#090-s- :;:-.41.• • • f y I ' l 6 ` ` Ns, t 5•4 is .: ",..:,, 't.:,=:',,,Y`,015.1,1:1,...,,j,..,..,,4n1=,.=aq.,,,,_.,,,,„.4";:”,t,,..",-f=4.,,,,,:','''.' :-:..1 P.:=,,:.r.„' ::'t t-.;-,-,-,,r.-. ;`.r, ,.,, W.,1.;,... ,.;,, v..,,,:. �' t . t x 3 , L - ,. Y , a i lk y M y 1 Yzi''I' S „' k yR' r.t- z .Ax 4 k S a C a -^' 4.,, * t' ' Cxk;,,>T"� e� ',x asi' eg,.,,''' <' 'd" 9= e :, : ft i O l f�i ,;',, 't , - „ } Multiple-facility organizations feel budgetary, rug , N si'tf.; t+ , ' operational, air quality and productivity pressures :' :rl'°'a:�.r:an:' ,`Y s '..K.s<. .. v:.F1.x.:Y..r«.�..t?.,<.,.csa, :a?�5a+:ax._,:» e Wit ►` Operational Efficiency Challenges: misused or underused,especially if •Reducing instances of"Sick Building •Maintenance,operations and engineer- building personnel find them intimidat- Syndrome" is an emerging objective ing departments are asked to do more ing or difficult to operate. for facility owners and operators. with fewer employees as governmental Organizations are faced with finding operating budgets are tightened. Operationa!Efficiency Solution: effective ways to maintain optimal Personnel are strained even further By providing remote, online access to indoor space conditions,such as humid- buildingbecause facilities are increasingly being systems throughout an area of ity,temperature and ventilation,to used for evening,weekend and last- responsibility, Tracer ES eliminates many ensure that their buildings are healthy. minute events. of the inefficient tasks that consume F so much facility management time. •Studies have shown clear associations `, •Building systems within government Whether it's a community-wide meeting between office worker productivity and :;: facilities often run the gamut from or a weekend training seminar, Tracer ES indoor environmental conditions,espe- modern to obsolete. Furthermore, operators are able to make online adjust- cially as they relate to temperature and ' these facilities are equipped with dis- ments to space conditions,temperature humidity.'The improvement of space parate building automation systems set points and system schedules from conditions can be a challenge for that are not compatible with each virtually any PC on the network. organizations that don't have a means other.As a result,operators waste time to monitor and control multiple facili- and effort because they have to log A user interface based on extensive ties from a single system. into each system separately—and they usability research with actual building M lack a "common view"that would operators makes Tracer ES easy to use, IAQ and Worker Productivity Solution: '. g, regardless of the operator's level of corn- Tracer ES can help government organi- allow them to maximize system and operational efficiencies across their fort and experience with computer- zations maintain comfortable,healthy organization. based technology. Using a single system environments, and avoid sick buildings. as a "window"into the entire organize- You can use Tracer ES to help monitor •Government organizations lack effec- tion makes it easier for facilities staff to and control temperature,humidity and tive tools to simplify the management learn and become proficient. carbon dioxide levels within a single of multiple facilities.As a result,build- building, or multiple facilities,to detect ..` IAQ and Worker Productivity ing managers and operators are forced variances before they affect comfort and Challenges: to allocate an inordinate amount of indoor air quality. These improved con- their time to make individual schedule, 'The link between poor indoor air ditions will greatly contribute to occu- quality and worker health has created a temperature and lighting adjustments pant comfort, worker productivity and along with other repetitive and time- strong push from government to aug- throughout all your facilities. consuming tasks, ment building conditions. Improving r: t air quality is a major challenge for Professor Alan Hedge,PhD,CPE,Cornell University. • Building automation systems pur- organizations that lack systems to Department Design and Environmental Analysis: chased with the goal of improving effectively monitor and control their Linking Ensiromnental Conditions toProductivity, ,< Presentation at Eastern Ergonomics Conference and operational efficiency are often indoor environments. Exposition,New York,June,2004. r tom'' .. rop ;, � r'Y •t ,. - Literature Order Number BAS-SLB019-EN *• Date May 2006 Supersedes New Trane A business of American Standard Companies Stocking Location Inland www.trane.com For more information,contact your local Trane Trane has a policy of continuous product and product data improvement and reserves the right to office or e-mail us at comfort@trane.com change design and specifications without notice. y OF f< Memorandum tf City of Elgin .,,yA. - •, ry�tT, 44TED0'7. Date: April 23, 2010 To: Rich Hoke, Building Maintenance Superintendent From: Jennifer Quinton, Deputy City Clerk Subject: Resolution No. 10-74, Adopted at the April 14, 2010 Council Meeting Enclosed you will find the agreement listed below. Please retain a copy for your records. If you have any questions please feel free to contact our office 847-931-5660 and we will do our best to assist you. Thank you. • Execution of an Agreement with Trane U.S., Inc.