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HomeMy WebLinkAbout12-88 , - r Resolution No. 12-88 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH RTM &ASSOCIATES, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Sean R.Stegall,City Manager,and Kimberly A.Dewis,City Clerk,be and are hereby authorized and directed to execute an Agreement with RTM&Associates, Inc. on behalf of the City of Elgin for heating, ventilation and air-conditioning related engineering services, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: May 9, 2012 Adopted: May 9, 2012 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk t City of Elg Building Maintenance Department Rich Hoke, Building Maintenance Superintendent 1900 Holmes Road Elgin, IL 60123 E LG I NI THE CITY IN THE SUBURBS` Professional Services Agreement HVAC Related Engineering Services AGREEMENT THIS AGREEMENT is made and entered into this 9th day of May, 2012, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY") and RTM&Associates, Inc., an Illinois corporation(hereinafter referred to as"ENGINEER"). WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional services in connection with heating, ventilation, and air conditioning (commonly known as "HVAC") system engineering(hereinafter referred to as the"PROJECT"); and WHEREAS, the ENGINEER represents that it is in compliance with Illinois Statutes relating to professional registration of individuals and has the necessary expertise and experience to furnish such services upon the terms and conditions set forth herein below. NOW, THEREFORE, it is hereby agreed by and between the CITY and the ENGINEER that the CITY does hereby retain the ENGINEER for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged to act for and represent it in the engineering matters involved in the PROJECT as described herein, subject to the following terms and conditions and stipulations,to-wit: 1. SCOPE OF SERVICES A. All work hereunder shall be performed under the direction of the City's Building Maintenance Superintendent, hereinafter referred to as the"DIRECTOR". B. In general,Engineer shall 1)Evaluate the existing systems. 2) Develop repair/replacement plans, based on the best solution that can be implemented independently of each other over the next 1-2 years. 3) Develop budgets for each project prior to September 1, 2012 for inclusion in the budget request for the next year. 4) Create a set of documents for each project that is suitable for bid, permit and construction purposes. This may include creation of existing floor plans where they presently do not resentl exist. C. A detailed Scope of Services is attached hereto and made a part hereof as Attachment A. 2. PROGRESS REPORTS A. A project schedule will be developed at an initial meeting between the Building Maintenance Superintendent and the Project Engineer. B. Progress will be recorded on the agreed upon project schedule for each individual project as outlined on Attachment A and submitted monthly as a component of the Status Report described in C below. C. The ENGINEER will submit to the DIRECTOR monthly a status report keyed to the project schedule. A brief narrative will be provided identifying progress, findings and outstanding issues. , • 3. WORK PRODUCTS All work products prepared by the ENGINEER pursuant hereto including, but not limited to, reports, designs, calculations, work drawings, studies, photographs, models and recommendations shall be the property of the CITY and shall be delivered to the CITY upon request of the DIRECTOR; provided, however that the ENGINEER may retain copies of such work products for its records. Such work products are not intended or represented to be suitable for reuse by the CITY on any extension to the PROJECT or on any other project, and such reuse shall be at the sole risk of the CITY without liability or legal exposure to the ENGINEER. 4. PAYMENTS TO THE ENGINEER(Lump Sum Method) A. The CITY shall pay to the ENGINEER for services under this Agreement a lump sum of $67,900 dollars, regardless of actual costs incurred by the ENGINEER unless substantial modifications to the project are authorized in writing by the DIRECTOR. B. The CITY shall make periodic payments to the ENGINEER based upon actual progress within 30 days after receipt and approval of invoice. Said periodic payments to the ENGINEER shall not exceed the amounts shown in the following schedule, and full payments for each task shall not be made until the task is completed and accepted by the DIRECTOR. 1) Equipment replacement at Public Works Building Evaluation, Planning and Budget $8,600. Bid Documents and Drawings $10,000. 2) Zone valve replacement at City Hall Evaluation, Planning and Budget $4,400. Bid Documents and Drawings $6,300. 3) Backstage ductwork repairs at Hemmens Auditorium Evaluation, Planning and Budget $2,400. Bid Documents and Drawings $3,200. 4) Air intake damper replacement for units 3 and 4 at Hemmens Evaluation, Planning and Budget $2,000. Bid Documents and Drawings $2,800. 5) Air handler zoning at Hemmens Evaluation, Planning and Budget $5,000. Bid Documents and Drawings $3,200. 6) Hot water valves at Hemmens Evaluation, Planning and Budget $3,600. Bid Documents and Drawings $4,200. 7) Equipment replacement at Station 2 Evaluation, Planning and Budget $2,000. Bid Documents and Drawings $2,400. 8) Dectron repairs at the Centre Evaluation, Planning and Budget $1,200. Bid Documents and Drawings $800. 9) Coil removal at the Riverside Water Plant Evaluation, Planning and Budget $2,800. Bid Documents and Drawings $3,000. 5. INVOICES A. The ENGINEER shall submit invoices in a format approved by the CITY. Progress reports(2C above)will be included with all payment requests. B. The ENGINEER shall maintain records showing actual time devoted and cost incurred. The ENGINEER shall permit the authorized representative of the CITY to inspect and audit all data and records of the ENGINEER for work done under this Agreement. The ENGINEER shall make these records available at reasonable times during the Agreement period, and for a year after termination of this Agreement. 6. TERMINATION OF AGREEMENT Notwithstanding any other provision hereof, the CITY may terminate this Agreement at any time upon fifteen (15) days prior written notice to the ENGINEER. In the event that this Agreement is so terminated, the ENGINEER shall be paid for services actually performed prior to termination, except that in no event shall such payments exceed the task amounts set forth under Paragraph 4 above. 7. TERM This Agreement shall become effective as of the date the ENGINEER is given a notice to proceed and, unless terminated for cause or pursuant to Article 6, shall be deemed concluded on the date the CITY determines in writing that all of the ENGINEER's work under this Agreement is completed. A determination of completion shall not constitute a waiver of any rights or claims which the CITY may have or thereafter acquire with respect to any term or provision of the Agreement. 8. NOTICE OF CLAIM If the ENGINEER wishes to make a claim for additional compensation as a result of action taken by the CITY, the ENGINEER shall give written notice of its claim to the DIRECTOR within 15 days after occurrence of such action. No claim for additional compensation shall be valid unless so made. Any changes in the ENGINEER's fee shall be valid only to the extent that such changes are agreed to in writing signed by the CITY and the ENGINEER. Regardless of the decision of the DIRECTOR relative to a claim submitted by the ENGINEER, all work required under this Agreement as determined by the DIRECTOR shall proceed without interruption. All decisions of the DIRECTOR pursuant to this section shall be final and binding, and shall not be subject to litigation in any forum. 9. BREACH OF CONTRACT If either party violates or breaches any term of this Agreement, such violation or breach shall be deemed to constitute a default, and the other party has the right to seek such administrative, contractual or legal remedies as may be suitable to the violation or breach; and, in addition, if either party, byreason of anydefault, fails within fifteen (15) days Y after notice thereof by the other party to comply with the conditions of the Agreement, the other party may terminate this Agreement. Notwithstanding the foregoing or anything else to the contrary in this agreement, with the sole exception of the monies the CITY has agreed to pay to the ENGINEER pursuant to Section 4 hereof, no action shall be commenced by the ENGINEER or any other related entity against the CITY for monetary damages. 10. INDEMNIFICATION To the fullest extent permitted by law, ENGINEER agrees to and shall indemnify, defend and hold harmless the CITY, its officers, employees, agents, boards and commissions from and against any and all claims, suits,judgments, costs, attorneys fees, damages or other relief, including but not limited to workers compensation claims, in any way resulting from or arising out of negligent actions or omissions of the ENGINEER in connection herewith, including negligence or omissions of employees or agents of the ENGINEER arising out of the performance of this Agreement. 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. The provisions of this paragraph shall survive any expiration, completion and/or termination of this Agreement. 11. NO PERSONAL LIABILITY No official, director, officer, agent or employee of the CITY shall be charged personally or held contractually liable under any term or provision of this Agreement or because of their execution, approval or attempted execution of this Agreement. 12. INSURANCE A. Comprehensive Liability. The ENGINEER shall provide, pay for and maintain in effect, during the term of this Agreement, a policy of comprehensive general liability insurance with limits of at least $1,000,000 aggregate for bodily injury and$1,000,000 aggregate for property damage. The ENGINEER shall deliver to the DIRECTOR a Certification of Insurance naming the CITY as additional insured. The policy shall not be modified or terminated without thirty(30) days prior written notice to the DIRECTOR. The Certificate of Insurance which shall include Contractual obligation assumed by the ENGINEER under Article 10 entitled"Indemnification" shall be provided. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the CITY. There shall be no endorsement or modification of this insurance to make it excess over other available insurance, alternatively, if the insurance states that it is excess or prorated, it shall be endorsed to be primary with respect to the CITY. B. Comprehensive Automobile Liability. Comprehensive Automobile Liability Insurance covering all owned, non-owned and hired motor vehicles with limits of not less than$500,000 per occurrence for damage to property. C. Combined Single Limit Policy. The requirements for insurance coverage for the general liability and auto exposures may be met with a combined single limit of $1,000,000 per occurrence subject to a$1,000,000 aggregate. D. Professional Liability. The ENGINEER shall carry Engineers Professional Liability Insurance Covering claims resulting from error, omissions or negligent acts with a combined single limit of not less than $1,000,000 per occurrence. A Certificate of Insurance shall be submitted to the DIRECTOR as evidence of insurance protection. The policy shall not be modified or terminated without thirty(30) days prior written notice to the DIRECTOR. 13. CONSTRUCTION MEANS,METHODS, TECHNIQUES, SEQUENCES, PROCEDURES AND SAFETY The ENGINEER shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the construction, unless specifically identified in the Scope of Services. 14. NONDISCRIMINATION In all hiringor employment madepossible or resultingfrom this Agreement, there shall g be no discrimination against any employee or applicant for employment because of sex, age, race, color, creed, national origin, marital status, of the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification, and this requirement shall apply to, but not be limited to, the following: employment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this Agreement on the grounds of sex, race, color, creed, national origin, age except minimum age and retirement provisions, marital status or the presence of any sensory, mental or physical handicap. Any violation of this provision shall be considered a violation of a material provision of this Agreement and shall be grounds for cancellation, termination or suspension, in whole or in part, of the Agreement by the CITY. 15. ASSIGNMENT AND SUCCESSORS This Agreement and each and every portion thereof shall be binding upon the successors and the assigns of the parties hereto; provided, however, that no assignment shall be made without the prior written consent of the CITY. 16. DELEGATIONS AND SUBCONTRACTORS Any assignment, delegation or subcontracting shall be subject to all the terms, conditions and other provisions of this Agreement and the ENGINEER shall remain liable to the CITY with respect to each and every item, condition and other provision hereof to the same extent that the ENGINEER would have been obligated if it had done the work itself and no assignment, delegation or subcontract had been made. Any proposed subcontractor shall require the CITY's advanced written approval. 17. NO CO-PARTNERSHIP OR AGENCY This Agreement shall not be construed so as to create a partnership, joint venture, employment or other agency relationship between the parties hereto. • 18. SEVERABILITY The parties intend and agree that, if any paragraph, sub-paragraph, phrase, clause or other provision of this Agreement, or any portion thereof, shall be held to be void or otherwise unenforceable, all other portions of this Agreement shall remain in full force and effect. 19. HEADINGS The headings of the several paragraphs of this Agreement are inserted only as a matter of convenience and for reference and in no way are they intended to define, limit or describe the scope or intent of any provision of this Agreement, nor shall they be construed to affect the interpretation, construction or application of the terms and provisions thereof in any manner. 20. MODIFICATION OR AMENDMENT This Agreement and its attachments constitutes the entire Agreement of the parties on the subject matter hereof and may not be changed, modified, discharged or extended except by written amendment duly executed by the parties. Each party agrees that no representations or warranties shall be binding upon the other party unless expressed in writing herein or in a duly executed amendment hereof, or change order as herein provided. 21. APPLICABLE LAW This Agreement shall be deemed to have been made in, and shall be construed in accordance with the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights pursuant to this Agreement shall be in the Circuit Court of Kane County, Illinois. 22. NEWS RELEASES The ENGINEER may not issue any news releases without prior approval from the DIRECTOR, nor will the ENGINEER make public proposals developed under this Agreement without prior written approval from the DIRECTOR prior to said documentation becoming matters of public record. 23. COOPERATION WITH OTHER CONSULTANTS The ENGINEER shall cooperate with any other consultants in the CITY's employ or any work associated with the PROJECT. 24. INTERFERENCE WITH PUBLIC CONTRACTING The ENGINEER certifies hereby that it is not barred from bidding on this contract as a result of a violation of 720 ILCS 5/33E et seq. or any similar state or federal statute regarding bid rigging. 25. SEXUAL HARASSMENT As a condition of this contract, the ENGINEER shall have written sexual harassment policies that include, at a minimum,the following information: A. the illegality of sexual harassment; B. the definition of sexual harassment under state law; C. a description of sexual harassment, utilizing examples; D. the vendor's internal complaint process including penalties; E. the legal recourse, investigative and complaint process available through the Illinois Department of Human Rights, and the Illinois Human Rights Commission; F. directions on how to contact the department and commission; G. protection against retaliation as provided by Section 6-101 of the Human Rights Act. A copy of such policies shall be provided by the ENGINEER to the Illinois Department of Human Rights upon request pursuant to 775 ILCS 5/2-105. 26. WRITTEN COMMUNICATIONS All recommendations and other communications by the ENGINEER to the DIRECTOR and to other participants which may affect cost or time of completion, shall be made or confirmed in writing. The DIRECTOR may also require other recommendations and communications by the ENGINEER be made or confirmed in writing. 27. NOTICES All notices, reports and documents required under this Agreement shall be in writing and shall be mailed by First Class Mail, postage prepaid, addressed as follows: A. As to CITY: Rich Hoke Building Maintenance Superintendent City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 B. As to ENGINEER: Doug Brewer RTM &Associates, Inc. 3 Executive Court, Suite 4 South Barrington, IL 60010 28. COMPLIANCE WITH LAWS Notwithstanding any other provision of this AGREEMENT it is expressly agreed and understood that in connection with the performance of this AGREEMENT that the ENGINEER 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, ENGINEER hereby certifies, represents and warrants to the CITY that all ENGINEER'S employees and/or agents who will be providing products and/or services with respect to this AGREEMENT shall be legal residents of the United States. ENGINEER 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 AGREEMENT. The CITY shall have the right to audit any records in the possession or control of the ENGINEER to determine ENGINEER'S compliance with the provisions of this section. In the event the CITY proceeds with such an audit the ENGINEER shall make available to the CITY the ENGINEER'S relevant records at no cost to the CITY. ENGINEER shall pay any and all costs of such audit. IN WITNESS WHEREOF, the parties hereto have entered into and executed this agreement effective as of the date and year first written above. FOR THE CITY: FOR THE INE By . By ZS/Z City anager sy. 444.4.tez/ ,47 City Clerk F:\Legal Dept\Agreement\ENGINEERING AGREEMENT-FORM-04-17-08.doc ATTACHMENT A SCOPE OF SERVICES 1.E ui ment replacement at Public Works Building. q P P g a. Survey the facility and determine adequacy of the systems as installed. b. Determine areas/systems for improvement such as the use of radiant heating systems. c. Develop an overall equipment replacement strategy for the HVAC system. d. Develop a budget for the replacement of the equipment. e. Prepare bid specifications and drawings for the full scope of work. 2. Zone valve replacement at City Hall. a. Survey the systems and determine extent of work including zone valve replacements, installation of isolation valves,relocation of pumps and other items which will ensure that the eventual systems and components are easily serviceable. b. Develop a strategy for the replacement of zone valves and pumps(5 sets) c. Develop a budget for the replacement of equipment. d. Prepare bid specifications and drawings for the replacement. 3. Backstage ductwork repairs at Hemmens Auditorium. a. Survey the systems and evaluate the current condition of ducts serving the stage area. b. Evaluate sound and airflow issues with the current distribution system for the stage. c. Evaluate sound issues with the house unit. d. Develop a repair strategy for the duct system ensuring that the new distribution and method of delivery will not exceed required minimum sound levels. e. Develop a budget for the duct system repairs/enhancements. f. Prepare bid specifications and drawings for the full scope of work. 4. Air intake damper replacement for units 3 and 4 at Hemmens. a. Evaluate the current air intake and exhaust dampers for air handlers 3 and 4. b. Develop a strategy for replacement of the dampers. c. Develop a budget for the replacement. d. Prepare bid specifications and drawings for the damper replacement. 5. Air handler zoning at Hemmens. a. Survey the systems and determine what zones are served by each air handler. b. Investigate options for continued use as a repaired hot deck/cold deck system or some other system that will offer improved comfort and energy efficiency. c. Develop a budget for the final scope of work. d. Prepare bid specifications and drawings for the full scope of work. 6. Hot water valves at Hemmens. a. Evaluate the current hot water piping to 2 air handlers & baseboard units. b. Investigate new control strategies for control of the hot water systems. c. Develop a budget for the final scope of work. d. Prepare bid specifications and drawings for the full scope of work. 7. Equipment replacement at station 2. a. Survey the facility and determine adequacy of the systems as installed. b. Determine if alternate methods of cooling and heating are feasible and beneficial. c. Develop a strategy for the replacement of equipment and outdated controls. d. Develop a budget for the equipment replacement. e. Prepare bid specifications and drawings for the full scope of work. 8. Dectron repairs at The Centre. a. Evaluate the current condition of the Dectron unit serving the pool area. b. Identify necessary repairs to bring the system back to its stated operating capacity. c. Document the necessary repairs in a bid specification including the replacement of a compressor and a full mechanical evaluation of the unit. 9. Coil Removal at the Riverside Water Plant. a. Survey the systems and determine correctness of existing documents. b. Identify all locations where coils have been abandoned within the duct system. c. Identify locations where new coils can be added for improved comfort. d. Develop a strategy for the removal of abandoned coils. e. Develop a strategy to clean the reheat coils that are still in-use. f. Investigate any airflow or pressure problems with the main air handling system(s). g. Develop a budget for the scope of work. h. Prepare bid specifications and plans for the full scope of work. REPORT TO MAYOR&MEMBERS OF CITY COUNCIL. E LG I N THE CITY IN THE SUBURBS' AGENDA ITEM: G MEETING DATE: April 25, 2012 ITEM: Contract with RTM &Association (RFP 12-023) for HVAC-Related Engineering Services ($67,900) OBJECTIVE: Provide repairs to city buildings to maintain its infrastructure. RECOMMENDATION: Approve a contract with RTM & Associates for HVAC-related engineering services in the amount of$67,900. BACKGROUND Multiple HVAC repair projects have been identified for the next two years which will require mechanical engineering services to evaluate current conditions, design repair strategies and prepare bid documents. With these tasks in mind, an engineering services request for proposal (RFP) was prepared and advertised. Nine firms attended the pre-proposal meeting and five submitted proposals. The proposals were reviewed by staff and RTM & Associates was selected as the best qualified firm to perform the identified tasks. OPERATIONAL ANALYSIS As the city's mechanical equipment continues to age, repairs or replacement become necessary to allow the buildings that equipment serves to continue to function as intended. Repairs to HVAC equipment at City Hall, Hemmens, Fire Station 2, the Centre and the Riverside Water Plant have been identified as having the most immediate needs for significant repair, modifica- tion or replacement. All of these projects affect the comfort and reliability of the HVAC systems within these buildings. The selected engineering firm will first survey and evaluate the current conditions for each of the individual projects outlined. The firm will then explore various options with improved com- fort, reliability, serviceability and reduced energy usage all being considered and balanced against the cost of the projects. Once a repair or replacement strategy has been agreed to, the engineer will develop cost estimates and help prioritize projects. This step of the project will become very important since most of the repair and replacement projects will not be complet- ed until 2013 and funding needs to be budgeted. The final phase of this contract will be prepar- ing necessary drawings and specifications needed to send the projects out to bid. The city uti- lizes a qualification-based selection process for procurement of professional services. The staff evaluation scores, among other criteria, items such as the scope of work submitted, experience of the firm, experience of the project manager and familiarity with the project. Scores by the staff team are then averaged to determine the most qualified firm. RTM & Associates was se- lected through this RFP process as the best qualified firm. Proposals submitted in response to the RFP are drafted in two parts. Part A is the actual pro- posal and part B is the firm's estimated cost for their work identified in the proposal. Part B is not opened or known until a selection of the most qualified firm has been completed by staff. Part B is then opened and the fees submitted by all firms are used as a means of negotiating with the selected firm to ensure the city is receiving a fair and reasonable price for the work. The five fee proposals included pricing for all of the projects outlined and ranged in amounts from $59,920 to $251,500. After review of all fee proposals, staff found that RTM & Associates had the lowest fees of the top three ranked firms and feel they are reasonable and within the anticipated range for the scope of work to be preformed. Staff recommends awarding the HVAC engineering contract to RTM &Associates in the amount of$67,900. INTERESTED PERSONS CONTACTED None. FINANCIAL ANALYSIS The proposed contract with RTM & Associates would total $67,900. The cost of the resulting repair and replacement projects is not known at this time. The 2012 budget includes funding in the amount of $70,000 for engineering services and an additional $110,000 for HVAC repairs and replacements. The cost of the repairs and replacements is expected to exceed the 2012 budget and therefore additional funds will need to be appropriated in 2013 to complete all of the HVAC projects. Completing HVAC repairs and replacements in 2013 may necessitate the need for additional engineering services during the construction phase of the projects. Should this be necessary, staff will bring forward an amendment to the contract for those additional services. BUDGET IMPACT FUND(S) ACCOUNT(S) PROJECT#(S) AMOUNT AMOUNT BUDGETED AVAILABLE Riverboat 275-0000-791.93-36 M00010 $70,000 $70,000 ia_ 1 2 LEGAL IMPACT A RFP was prepared, posted on the web site and advertized in the March 12, 2012 Courier News. Nine firms attended a pre-proposal meeting at the Hemmens auditorium on March 19, 2012. Five proposals were received. RTM & Associates was selected through the request for proposal process by a team of staff members as the best qualified to complete this project. ALTERNATIVES The city council may choose not to award the contract with RTM & Associates for engineering services. NEXT STEPS 1. Execute the contract. 2. Complete the projects. Originators: Rich Hoke, Building Maintenance Superintendent Final Review: Colleen Lavery, Chief Financial Officer William A. Cogley, Corporation Counsel/Chief Development Officer Richard G. Kozal, Assistant City Manager/Chief Operating Officer Sean R. Stegall, City Manager ATTACHMENTS A. Contract with RTM &Associates B. RFP Fee Tabulation dri Cityof Elg Building Maintenance Department Rich Hoke, Building Maintenance Superintendent 1900 Holmes Road Elgin, IL 60123 /111 E LG I N THE CITY IN THE SUBURBS" Professional Services Agreement HVAC Related Engineering Services AGREEMENT THIS AGREEMENT is made and entered into this 9th day of May, 2012, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY") and RTM&Associates (hereinafter referred to as "ENGINEER"). WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional services in connection with HVAC system engineering(hereinafter referred to as the PROJECT); and WHEREAS, the ENGINEER represents that he is in compliance with Illinois Statutes relating to professional registration of individuals and has the necessary expertise and experience to furnish such services upon the terms and conditions set forth herein below. NOW, THEREFORE, it is hereby agreed by and between the CITY and the ENGINEER that the CITY does hereby retain the ENGINEER for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged to act for and represent it in the engineering matters involved in the PROJECT as described herein, subject to the following terms and conditions and stipulations,to-wit: 1. SCOPE OF SERVICES A. All work hereunder shall be performed under the direction of the Building Maintenance Superintendent, herein after referred to as the"DIRECTOR". B. In general, for all nine sub-projects,the City of Elgin is requesting that we: 1) Evaluate the existing systems. 2) Develop repair/replacement plans, based on the best solution that can be implemented independently of each other over the next 1-2 years. 3) Develop budgets for each project prior to September 1, 2012 for inclusion in the budget request for the next year. 4) Create a set of documents for each project that is suitable for bid, permit and construction purposes. This may include creation of existing floor plans where they do not presently exist. C. A detailed Scope of Services is attached hereto as Attachment A. 2. PROGRESS REPORTS A. An outline project milestone schedule is provided hereinunder. B. A detailed project schedule for the Project is included as Attachment B, attached hereto. Progress will be recorded on the project schedule and submitted monthly as a component of the Status Report described in C below. C. The ENGINEER will submit to the DIRECTOR monthly a status report keyed to the project schedule. A brief narrative will be provided identifying progress, findings and outstanding issues. 3. WORK PRODUCTS All work products prepared by the ENGINEER pursuant hereto including, but not limited to, reports, designs, calculations, work drawings, studies, photographs, models and recommendations shall be the property of the CITY and shall be delivered to the CITY upon request of the DIRECTOR provided, however, that the ENGINEER may retain copies of such work products for its records. Such work products are not intended or represented to be suitable for reuse by the CITY on any extension to the PROJECT or on any other project, and such reuse shall be at the sole risk of the CITY without liability or legal exposure to the ENGINEER. 4. PAYMENTS TO THE ENGINEER(Lump Sum Method) A. The CITY shall reimburse the ENGINEER for services under this Agreement a lump sum of $67,900 Dollars, regardless of actual costs incurred by the ENGINEER unless substantial modifications to the project are authorized in writing by the DIRECTOR. B. The CITY shall make periodic payments to the ENGINEER based upon actual progress within 30 days after receipt and approval of invoice. Said periodic payments to the ENGINEER shall not exceed the amounts shown in the following schedule, and full payments for each task shall not be made until the task is completed and accepted by the DIRECTOR. 1) Equipment replacement at Public Works Building Evaluation, Planning and Budget $8,600. Bid Documents and Drawings $10,000. 2) Zone valve replacement at City Hall Evaluation, Planning and Budget $4,400. Bid Documents and Drawings $6,300. 3) Backstage ductwork repairs at Hemmens Auditorium Evaluation, Planning and Budget $2,400. Bid Documents and Drawings $3,200. 4) Air intake damper replacement for units 3 and 4 at Hemmens Evaluation, Planning and Budget $2,000. Bid Documents and Drawings $2,800. 5) Air handler zoning at Hemmens Evaluation, Planning and Budget $5,000. Bid Documents and Drawings $3,200. 6) Hot water valves at Hemmens Evaluation, Planning and Budget $3,600. Bid Documents and Drawings $4,200. 7) Equipment replacement at Station 2 Evaluation, Planning and Budget $2,000. Bid Documents and Drawings $2,400. 8) Dectron repairs at the Centre Evaluation, Planning and Budget $1,200. Bid Documents and Drawings $800. 9) Coil removal at the Riverside Water Plant Evaluation, Planning and Budget $2,800. Bid Documents and Drawings $3,000. 5. INVOICES A. The ENGINEER shall submit invoices in a format approved by the CITY. Progress reports (2C above)will be included with all payment requests. B. The ENGINEER shall maintain records showing actual time devoted and cost incurred. The ENGINEER shall permit the authorized representative of the CITY to inspect and audit all data and records of the ENGINEER for work done under this Agreement. The ENGINEER shall make these records available at reasonable times during the Agreement period, and for a year after termination of this Agreement. 6. TERMINATION OF AGREEMENT Notwithstanding any other provision hereof, the CITY may terminate this Agreement at any time upon fifteen (15) days prior written notice to the ENGINEER. In the event that this Agreement is so terminated, the ENGINEER shall be paid for services actually performed and reimbursable expenses actually incurred prior to termination, except that reimbursement shall not exceed the task amounts set forth under Paragraph 4 above. 7. TERM This Agreement shall become effective as of the date the ENGINEER is given a notice to proceed and, unless terminated for cause or pursuant to Article 5, shall be deemed concluded on the date the CITY determines that all of the ENGINEER's work under this Agreement is completed. A determination of completion shall not constitute a waiver of any rights or claims which the CITY may have or thereafter acquire with respect to any term or provision of the Agreement. 8. NOTICE OF CLAIM If the ENGINEER wishes to make a claim for additional compensation as a result of action taken by the CITY, the ENGINEER shall give written notice of his claim within 15 days after occurrence of such action. No claim for additional compensation shall be valid unless so made. Any changes in the ENGINEER's fee shall be valid only to the extent that such changes are included in writing signed by the CITY and the ENGINEER. Regardless of the decision of the DIRECTOR relative to a claim submitted by the ENGINEER, all work required under this Agreement as determined by the DIRECTOR shall proceed without interruption. 9. BREACH OF CONTRACT If either party violates or breaches any term of this Agreement, such violation or breach shall be deemed to constitute a default, and the other party has the right to seek such administrative, contractual or legal remedies as may be suitable to the violation or breach; and, in addition, if either party, by reason of any default, fails within fifteen (15) days after notice thereof by the other party to comply with the conditions of the Agreement, the other party may terminate this Agreement. Notwithstanding the foregoing or anything else to the contrary in this agreement, with the sole exception of the monies the CITY has agreed to pay to the ENGINEER pursuant to Section 4 hereof, no action shall be commenced by the ENGINEER or any other related entity against the CITY for monetary damages. 10. INDEMNIFICATION To the fullest extent permitted by law,ENGINEER agrees to and shall indemnify, defend and hold harmless the CITY, its officers, employees, agents, boards and commissions from and against any and all claims, suits,judgments, costs, attorneys fees, damages or other relief, including but not limited to workers compensation claims, in any way resulting from or arising out of negligent actions or omissions of the ENGINEER in connection herewith, including negligence or omissions of employees or agents of the ENGINEER arising out of the performance of this Agreement. 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. The provisions of this paragraph shall survive any expiration, completion and/or termination of this Agreement. 11. NO PERSONAL LIABILITY No official,director, officer, agent or employee of the CITY shall be charged personally or held contractually liable under any term or provision of this Agreement or because of their execution, approval or attempted execution of this Agreement. 12. INSURANCE A. Comprehensive Liability. The ENGINEER shall provide, pay for and maintain in effect, during the term of this Agreement, a policy of comprehensive general liability insurance with limits of at least $1,000,000 aggregate for bodily injury and$1,000,000 aggregate for property damage. The ENGINEER shall deliver to the DIRECTOR a Certification of Insurance naming the CITY as additional insured. The policy shall not be modified or terminated without thirty(30) days prior written notice to the DIRECTOR. The Certificate of Insurance which shall include Contractual obligation assumed by the ENGINEER under Article 10 entitled"Indemnification" shall be provided. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the CITY. There shall be no endorsement or modification of this insurance to make it excess over other available insurance, alternatively, if the insurance states that it is excess or prorated, it shall be endorsed to be primary with respect to the CITY. B. Comprehensive Automobile Liability. Comprehensive Automobile Liability Insurance covering all owned, non-owned and hired motor vehicles with limits of not less than$500,000 per occurrence for damage to property. C. Combined Single Limit Policy. The requirements for insurance coverage for the general liability and auto exposures may be met with a combined single limit of $1,000,000 per occurrence subject to a$1,000,000 aggregate. D. Professional Liability. The ENGINEER shall carry Engineers Professional Liability Insurance Covering claims resulting from error, omissions or negligent acts with a combined single limit of not less than $1,000,000 per occurrence. A Certificate of Insurance shall be submitted to the DIRECTOR as evidence of insurance protection. The policy shall not be modified or terminated without thirty(30) days prior written notice to the DIRECTOR. 13. CONSTRUCTION MEANS, METHODS, TECHNIQUES, SEQUENCES, PROCEDURES AND SAFETY The ENGINEER shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the construction, unless specifically identified in the Scope of Services. 14. NONDISCRIMINATION In all hiring or employment made possible or resulting from this Agreement, there shall be no discrimination against any employee or applicant for employment because of sex, age, race, color, creed, national origin, marital status, of the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification, and this requirement shall apply to, but not be limited to, the following: employment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this Agreement on the grounds of sex, race, color, creed, national origin, age except minimum age and retirement provisions, marital status or the presence of any sensory, mental or physical handicap. Any violation of this provision shall be considered a violation of a material provision of this Agreement and shall be grounds for cancellation, termination or suspension, in whole or in part, of the Agreement by the CITY. 15. ASSIGNMENT AND SUCCESSORS This Agreement and each and every portion thereof shall be binding upon the successors and the assigns of the parties hereto; provided, however, that no assignment shall be made without the prior written consent of the CITY. 16. DELEGATIONS AND SUBCONTRACTORS Any assignment, delegation or subcontracting shall be subject to all the terms, conditions and other provisions of this Agreement and the ENGINEER shall remain liable to the CITY with respect to each and every item, condition and other provision hereof to the same extent that the ENGINEER would have been obligated if it had done the work itself and no assignment, delegation or subcontract had been made. Any proposed subcontractor shall require the CITY's advanced written approval. 17. NO CO-PARTNERSHIP OR AGENCY This Agreement shall not be construed so as to create a partnership, joint venture, employment or other agency relationship between the parties hereto. 18. SEVERABILITY The parties intend and agreed that, if any paragraph, sub-paragraph, phrase, clause or other provision of this Agreement, or any portion thereof, shall be held to be void or otherwise unenforceable, all other portions of this Agreement shall remain in full force and effect. 19. HEADINGS The headings of the several paragraphs of this Agreement are inserted only as a matter of convenience and for reference and in no way are they intended to define, limit or describe the scope of intent of any provision of this Agreement, nor shall they be construed to affect in any manner the terms and provisions hereof or the interpretation or construction thereof. 20. MODIFICATION OR AMENDMENT This Agreement and its attachments constitutes the entire Agreement of the parties on the subject matter hereof and may not be changed, modified, discharged or extended except by written amendment duly executed by the parties. Each party agrees that no representations or warranties shall be binding upon the other party unless expressed in writing herein or in a duly executed amendment hereof, or change order as herein provided. 21. APPLICABLE LAW This Agreement shall be deemed to have been made in, and shall be construed in accordance with the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights pursuant to this Agreement shall be in the Circuit Court of Kane County, Illinois. 22. NEWS RELEASES The ENGINEER may not issue any news releases without prior approval from the DIRECTOR, nor will the ENGINEER make public proposals developed under this Agreement without prior written approval from the DIRECTOR prior to said documentation becoming matters of public record. 23. COOPERATION WITH OTHER CONSULTANTS The ENGINEER shall cooperate with any other consultants in the CITY's employ or any work associated with the PROJECT. 24. INTERFERENCE WITH PUBLIC CONTRACTING The ENGINEER certifies hereby that it is not barred from bidding on this contract as a result of a violation of 720 ILCS 5/33E et seq. or any similar state or federal statute regarding bid rigging. 25. SEXUAL HARASSMENT As a condition of this contract, the ENGINEER shall have written sexual harassment policies that include, at a minimum,the following information: A. the illegality of sexual harassment; B. the definition of sexual harassment under state law; C. a description of sexual harassment, utilizing examples; D. the vendor's internal complaint process including penalties; E. the legal recourse, investigative and complaint process available through the Illinois Department of Human Rights, and the Illinois Human Rights Commission; F. directions on how to contact the department and commission; G. protection against retaliation as provided by Section 6-101 of the Human Rights Act. A copy of the policies shall be provided by ENGINEER to the Department of Human Rights upon request 775 ILCS 5/2-105. 26. WRITTEN COMMUNICATIONS All recommendations and other communications by the ENGINEER to the DIRECTOR and to other participants which may affect cost or time of completion, shall be made or confirmed in writing. The DIRECTOR may also require other recommendations and communications by the ENGINEER be made or confirmed in writing. 27. NOTICES All notices, reports and documents required under this Agreement shall be in writing and shall be mailed by First Class Mail, postage prepaid, addressed as follows: A. As to CITY: Rich Hoke Building Maintenance Superintendent City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 B. As to ENGINEER: 28. COMPLIANCE WITH LAWS Notwithstanding any other provision of this AGREEMENT it is expressly agreed and understood that in connection with the performance of this AGREEMENT that the ENGINEER 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, ENGINEER hereby certifies, represents and warrants to the CITY that all ENGINEER'S employees and/or agents who will be providing products and/or services with respect to this AGREEMENT shall be legal residents of the United States. ENGINEER 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 AGREEMENT. The CITY shall have the right to audit any records in the possession or control of the ENGINEER to determine ENGINEER'S compliance with the provisions of this section. In the event the CITY proceeds with such an audit the ENGINEER shall make available to the CITY the ENGINEER'S relevant records at no cost to the CITY. IN WITNESS WHEREOF, the parties hereto have entered into and executed this agreement effective as of the date and year first written above. FOR THE CITY: FOR THE ENGINEER: By By City Manager Attest: City Clerk F:U.egal Dept\Agreement\ENGINEERING AGREEMENT-FORM-04-17-08.doc ATTACHMENT A I. SCOPE OF SERVICES (May be modified) 1.Equipment replacement at Public Works Building. a. Survey the facility and determine adequacy of the systems as installed. b. Determine areas/systems for improvement such as the use of radiant heating systems. c. Develop an overall equipment replacement strategy for the HVAC system. d. Develop a budget for the replacement of the equipment. e. Prepare bid specifications and drawings for the full scope of work. 2. Zone valve replacement at City Hall. a. Survey the systems and determine extent of work including zone valve replacements, installation of isolation valves,relocation of pumps and other items which will ensure that the eventual systems and components are easily serviceable. b. Develop a strategy for the replacement of zone valves and pumps (5 sets) c. Develop a budget for the replacement of equipment. d. Prepare bid specifications and drawings for the replacement. 3. Backstage ductwork repairs at Hemmens Auditorium. a. Survey the systems and evaluate the current condition of ducts serving the stage area. b. Evaluate sound and airflow issues with the current distribution system for the stage. c. Evaluate sound issues with the house unit. d. Develop a repair strategy for the duct system ensuring that the new distribution and method of delivery will not exceed required minimum sound levels. e. Develop a budget for the duct system repairs/enhancements. f. Prepare bid specifications and drawings for the full scope of work. 4. Air intake damper replacement for units 3 and 4 at Hemmens. a. Evaluate the current air intake and exhaust dampers for air handlers 3 and 4. b. Develop a strategy for replacement of the dampers. c. Develop a budget for the replacement. d. Prepare bid specifications and drawings for the damper replacement. 5. Air handler zoning at Hemmens. a. Survey the systems and determine what zones are served by each air handler. b. Investigate options for continued use as a repaired hot deck/cold deck system or some other system that will offer improved comfort and energy efficiency. c. Develop a budget for the final scope of work. d. Prepare bid specifications and drawings for the full scope of work. 6. Hot water valves at Hemmens. a. Evaluate the current hot water piping to 2 air handlers &baseboard units. b. Investigate new control strategies for control of the hot water systems. c. Develop a budget for the final scope of work. d. Prepare bid specifications and drawings for the full scope of work. 7. Equipment replacement at station 2. a. Survey the facility and determine adequacy of the systems as installed. b. Determine if alternate methods of cooling and heating are feasible and beneficial. c. Develop a strategy for the replacement of equipment and outdated controls. d. Develop a budget for the equipment replacement. e. Prepare bid specifications and drawings for the full scope of work. 8. Dectron repairs at The Centre. a. Evaluate the current condition of the Dectron unit serving the pool area. b. Identify necessary repairs to bring the system back to its stated operating capacity. c. Document the necessary repairs in a bid specification including the replacement of a compressor and a full mechanical evaluation of the unit. 9. Coil Removal at the Riverside Water Plant. a. Survey the systems and determine correctness of existing documents. b. Identify all locations where coils have been abandoned within the duct system. c. Identify locations where new coils can be added for improved comfort. d. Develop a strategy for the removal of abandoned coils. e. Develop a strategy to clean the reheat coils that are still in-use. f. Investigate any airflow or pressure problems with the main air handling system(s). g. Develop a budget for the scope of work. h. Prepare bid specifications and plans for the full scope of work. • HVAC Related Engineering Services RFP TABULATION OF RFP RTM&Associates CCOM CITY OF ELGIN 3 Executive Crt,Unit 4 Fox Valley Engineering Two N.Riverside Plaza Larson Engineering,Inc. Angus Young Invitation No.12-023 South Barrington,IL 104 Northwest Hwy Ste 1050 1488 Bond St.Suite 100 555 S River Street Department:Maintenance 60010 Fox River Grove,IL 60021 Chicago,IL 60606 Naperville,IL 60563 Janesville,WI 53548 Item Unit Price Unit Price Unit Price Unit Price Unit Price Equipment replacement at Public Works Building $18,600.00 $12,880.00 $67,000.00 $7,850.00 11,400.00 Zone valve replacement at City Hall _ $10,700.00 $5,520.00_ $15,500.00_ $9,225.00 4,600.00 Backstage Ductwork repairs at Hemmens Auditorium $5,600.00 $7,820.00 $34,500.00 $15,800.00 11,350.00 Air intake damper replacement for units 3 and 4 at Hemmens $4,800.00 $4,200.00 $34,500.00 $6,200.00 4,410.00 Air handler zoning at Hemmens $8,200.00 $4,200.00 $32,500.00 $16,200.00 17,050.00 Hot water valves at Hemmens $7,800.00 $3,720.00 $18,500.00 $12,800.00 9,250.00 Equipment replacement at Station 2 $4,400.00 $12,520.00 $15,500.00 $8,300.00 12,150.00 Dectron repairs at the Centre $2,000.00 $2,300.00 $18,000.00 $4,200.00 7,480.00 Coil Removal at the Riverside Water Treatment Plant $5,800.00 $6,760.00 $15,500.00_ $15,300.00 11,850.00 Grand Total: $67,900.00 $59,920.00 $251,500.00 $95,875.00 89,540.00 �I ® ELGIN THE CITY IN THE SURURBS DATE: May 17, 2012 TO: Rich Hoke, Building Maintenance Superintendent FROM: Jennifer Quinton, Deputy City Clerk SUBJECT: Resolution No. 12-88 Adopted at the May 9, 2012, Council Meeting Enclosed you will find the agreement listed below. Please distribute this agreement to the other party and keep a copy for your records if you wish. 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. • Agreement with RTM & Associates, Inc.