01-312 Resolution No. 01-312
RESOLUTION
ACCEPTING THE PROPOSAL OF THE TRANE COMPANY FOR
HVAC CONTROL SYSTEM UPGRADE AT THE HEMMENS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that pursuant to Elgin Municipal Code Section
5 . 02 . 020B (6) the City Council hereby finds that an exception to
the requirements of the procurement ordinance is necessary and in
the best interests of the city; and
BE IT FURTHER RESOLVED, that Joyce A. Parker, City Manager,
be and is hereby authorized and directed to accept the proposal
on behalf of the City of Elgin of The Trane Company for HVAC
control system upgrade at the Hemmens, a copy of which is
attached hereto and made a part hereof by reference .
s/ Ed Schock
Ed Schock, Mayor
Presented: November 28, 2001
Adopted: November 28, 2001
Vote : Yeas : 7 Nays : 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
Chicago Sales District 7100 Madison Richard L Kasperek
The Trane Company Willowbrook IL 60521 District Manager
TEL 630 734 3200
FAX 630 323 9040 Commercial Sales
Tag Data—Elgin Municipal Center, Hemmons Hall
Date System Qty Description Price
10/08/01 Summit 1 Revised Proposal for Summit DDC System Devices $18,735.00
Scope:
The Trane Company is pleased to provide the following proposal for Trane Tracer Control
Panels, Unitary Control Modules and miscellaneous control devices per our proposal of
January 24, 2001. The proposed scope of control equipment is as outlined below:
• (4) Pre-assembled Control Panels With Universal Programmable Control Modules in a
NEMA 1 enclosure,with a 75 VA transformer, DC power supply, processing board,
binary output card with override switches, analog output card with override
potentiometers and four universal input cards, (Typical of 4 panels).
• (6) Space Temperature Wireless Sensors
• (1) Wireless Sensor Receiver
• (6) Unitary Control Modules
Exclusions:
The following items are not included within the scope of this proposal:
• Provision or installation of Smoke Detectors
• Provision or installation of Low Limit Thermostats
• All Hard Wired Temperature, CO2, Humidity and Static Pressure Sensors
• Brass Water Insertion Wells
• Control Installation or Wiring
• Programming, Commissioning or Graphics Generation
• Training
Notes:
• This proposal is valid for(30)days from date of issuance.
An American Standard Company www.trane.com
October 29,2001
Standard Contract Terms and Conditions
Acceptance. A proposal made upon these terms is subject to acceptance within thirty days obligations shall be suspended until the uncontrollable event terminates;or(ii)be terminated
from date and the prices are subject to change without notice prior 10 acceptance by upon ten(10)days notice to Customer,in which event Customer shall pay Trane for all parts
Customer.N your order is an acceptance of a written proposal,on a form provided by Trane, of the Work furnished to the date of termination.
without the addition of any other terms and conditions of sale or any other modification,this
document shalt be treated solely as an acknowledgment of such order,subject to credit Customer's Breach. Each of the following events or conditions shall constitute a breach by
approval. If your order is not such an acceptance,then this document is Trane's offer, Customer and shall give Trane the right,vrthout an election of remedies,to terminate this
subject ha credit approval,to provide the goods and/or Work solely in accordance with the Agreement by delivery of written notice declaring termination,upon which event Customer
following terms and conditions of sale. If we do not hear from you within two weeks from the shall be liable to Trane for all Work furnished to date and all damages sustained by Trane
date hereof,Trane shall rely upon your silence as an acceptance of these terms and (including lost profit and overhead): (1) Any failure by Customer to pay amounts due more
conditions and performance will be made In accordance herewith. Customers acceptance than thirty(30)days after the date of the invoice therefor,or(2) Any failure by Customer to
of goods and/or Work by Trane on this order will in any event constitute an acceptance by perform or comply with any material provision of this Agreement.
Customer of these terms and conditions.
Indemnification.Trane and Customer shall indemnify,defend and hold each other harmless
Contract Price&Taxes.The Contract Price includes standard ground transportation and,if from any and all claims, actions, costs, expenses, damages and liabilities. including
required by law,includes all sales.consumer.use and similar taxes legally enacted as of the reasonable attorneys' fees, resulting from death or bodily injury or damage to real or
date hereof only for equipment and material installed by Trane. Equipment sold on an personal property.to the extent caused by the negligence or misconduct of the;r respective
uninstaited basis and any taxable labor do not include sales tax and applicable taxes will be employees or other authorized agents in connection with their activities within the scope of
added. this Agreement. However,neither party shall indemnify the other against claims,damages,
expenses or liabilities to the extent attributable to the negligence or misconduct of the other
Exclusions From Work. Trane's obligation is limited to the Work as defined and does not party. If the parties are both at fault,the obligation to indemnify shall be proportional to their
include any modifications to the Premises under the Americans With Disabilities Act or any relative fault. The duty to indemnify will continue in full force and effect,notwithstanding the
other law or bulldog code(s)• expiration or early termination hereof,with respect to any claims based on facts or conditions
Construction Procedures.Trane shall supervise and direct the Work using its best skill and
that party shall be liable ble to the t tr for any Notwithstanding any contrary provision,uiive
attention and have exclusive contra over construction means, methods, techniques, damagesa�shall be liable to the other for any special,incidental,consequential or punitive
ve
sequences and procedures.
Workmanship And Equipment Warranty. Trane warrants that,for a period of one year
Payment Terms. Customer shall pay Trane's invoices within net thirty(30)days of invoice from the date of substantial completion(the"Warranty Period"),Trane equipment installed
date. Trane may invoice Customer for all equipment or material furnished,whether delivered hereunder and Work () shall be free from defects in material, manufacture, and
to the installation site or to an off-site storage facility and for all work performed on-site or off- workmanship and(ii)shall have the capacities and ratings set forth in Trane's catalogs and
site.No retention shall be withheld from any payments except as expressly agreed in welting bulletins;substantial completion shall be the earlier of the date that the Work is sufficiently
by Trane,in which case retention shall be reduced per the contract documents and released complete so that Customer can utilize the Work for its intended use or the date that
no later than the date of substantial completion.tinder no circumstances shall any retention Customer receives beneficial use of the Work.For Trane equipment not installed by Trane,
be withheld for the equipment portion of the order. If payment is not received as required the Warranty Period is the lesser of 12 months from initial start-up or 18 months from the
hereby,Trane may suspend performance and the time for completion shall be extended for a date of shipment.if such defect is discovered within the Warranty Period,Trane will correct
reasonable period of time not less than the period of suspension.Customer shall be liable to the defect or furnish replacement equipment(or, at its option,pads therefor)and,if said
Trane for all reasonable shutdown,standby and start-up costs as a result of the suspension. equipment was installed pursuant hereto,labor associated with the replacement of parts or
All amounts outstanding 10 days beyond the due date are subject to a service charge not to equipment not conforming to this warranty. No liability whatever shall attach to Trane until
exceed 1.5%of the principal amount due or the maximum allowable legal interest rate, said equipment and Work have been paid for in full and then said liability shall be limited to
retroactive to the due date.Customer shall pay all costs(including attorneys'fees)incurred Trane's cost to correct the defective Work and/or the purchase price of the equipment shown
by'franc in attempting to collect amounts due and otherwise enforcing these terms and to be defective. Equipment and/or parts that are not manufactured by Trane are not
conditions. warranted by Trane and have such warranties as may be extended by the respective
manufacturer. Trane's warranties expressly exclude any remedy for damage or defect
Time For Completion. Except to the extent otherwise expressly agreed in writing signed by caused by corrosion,erosion,or deterioration,abuse,modifications or repairs not performed
an authorized representative of Trane,all dates provided by Trane or its representatives for by Trane,improper operation,or normal wear and tear under normal usage. Trane shall not
commencement. progress or completion are estimates only. While Trane shall use be obligated to pay for the cost of lost refrigerant.
commercially reasonable efforts to meet such estimated dates. Trane shall not be
responsible for any damages for its failure to do so. THE WARRANTY AND LIABILITY SET FORTH IN THE PRECEDING PARAGRAPH ARE
IN LIEU OF ALL OTHER WARRANTIES AND LIABILITIES,WHETHER IN CONTRACT
Access. Trane and its contractors or subcontractors shall be provided access to the OR IN NEGLIGENCE, EXPRESS OR IMPLIED, IN LAW OR IN FACT, INCLUDING
Premises during regular business hours,or such other hours as may be requested by Trane IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
and acceptable to the Premises'owner or tenant for the performance of the Work,including USE OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL TRANE BE
sufficient areas for staging, mobilization, and storage. Trane's access to correct any LIABLE FOR ANY INCIDENTAL,CONSEQUENTIAL,OR PUNITIVE DAMAGES.
emergency condition shall not be restricted.
Permits And Governmental Fees. Trane shall secure(with Customer's assistance)and Applicable Law. This Agreement is made and shall be interpreted and enforced in
( ) accordance with the laws of the state in which the Work is performed.
pay for building and other permits and governmental fees,licenses,and inspections neces-
sary for proper performance and completion of the Work,which are Legally required when Assignment Customer may not assign,transfer,or convey this Agreement,or any part
bids from Trane's subcontractors are received, negotiations thereon concluded, or the hereof,or its right,title or interest herein,without the written consent of Trane. Subject to the
effective dale of a relevant Change Order,whichever is later.Customer is responsible for foregoing,this Agreement shall be binding upon and inure to the benefit of Customer's
necessary approvals, easements, assessments and charges for construction, use or successors and assigns.
occupancy of permanent structures or for permanent changes to existing facilities.
Complete Agreement. This Agreement shall constitute the entire Agreement between both
Utilities During Construction.Trane shall be provided without charge all water,heat,and parties and this Agreement may not be amended,modified or terminated except by a writing
utilities during performance of the Work. signed by the parties hereto. No documents shall be incorporated herein by reference
Concealed Or Unknown Conditions.In the performance of the Work,if Trane encounters except to the extent Trane is a signatory thereon.
conditions at the Premises that are(r)subsurface or otherwise concealed physical conditions Equal Employment Opportunity/Affirmative Action Clause. The Trane Company is a
that differ materially from those indicated on drawings expressly incorporated herein or(ii) federal contractor which complies fully with Executive Order 11246.as amended,and the
unknown physical conditions of an unusual nature that differ materially from those conditions applicable regulations contained in 41 C.F.R.Parts 60-1 through 60-60.29 U.S.C.Section
ordinarily found to exist and generally recognized as inherent in construction activities of the 793 and the applicable regulations contained in 41 C.F. R. Part 60-741;and 38 U.S.C.
type and character as the Work,Trane shall notify Customer of such conditions promptly, Section 4212 and the applicable regulations contained in 41 C.F.R.Part 60-250.
prior to significantly disturbing same. If such conditions differ materially and cause an
increase in Trane's cost of,or time required for,performance of any part of the Work,Trane Price Increases. Prices stated are firm provided that notification of release for immediate
shall be entitled to, and Customer shall consent by Change Order to, an equitable production and shipment is received at the factor not later than five months from order
adjustment in the Contract Price.contract time,or both. receipt, If such release is received later than five months from order receipt date but within
eight months of order receipt date,prices writ be increased a straight 1%(not compounded)
Asbestos And Hazardous Materials. Trane's Work and other services in connection with for each one-month period(or part thereof)beyond the five-month firm price period up to the
this Agreement expressly excludes any identification,abatement,cleanup,control,disposal, date of receipt of such release. If such release is not received within eight months after date
removal or other work connected with asbestos,polychlorinated biphenyl('PCB').or other of order receipt,the prices are subject to renegotiation or at Trane's option,the order will be
hazardous materials(hereinafter,collectively, 'Hazardous Materials"). Customer warrants cancelled. If for any reason Customer delays shipment after release,prices a'e subject to
and represents that,except as set forth in a writing signed by Trane,there are no Hazardous increase as stated herein.
Materials on the Prenises that will in any way affect Trane's Work and Customer has
disclosed to Trane the existence and location of any Hazardous Materials in all areas within The Trane Company
which'franc will be perforrnng the Work. Should Trane become aware of or suspect the A Division of American Standard Inc.
presence of Hazardous Materials,Trane may immediately stop work in the affected area and
shaft notify Customer. Customer will be responsible for taking any and all action necessary
to correct the condition in accordance with all applicable laws and regulations. Customer •
shall be exclusively responsible for any claims,including the payment thereof,arising out of
or relating to any Hazardous Materials on or about the Premises. not brought onto the
Premises by'franc. Trane shall be required to resume performance of the Work in the
affected area only in the absence of Hazardous Materials or when the affected area has
been rendered harmless. In no event shalt 'franc be obligated to transport or handle
Hazardous Material,to provide any notices to any governmental agency,or to examine the
Premises for the presence of Hazardous Materials.
Conditions Beyond Control Of Parties. If Trane shall be unable to carry out any material
obligation under this Agreement due to events beyond its control,such as acts of God,
governmental or judicial authority, insurrections, riots, labor disputes, labor or material
shortages,fires,or explosions,this Agreement shall at Trane's election(i)remain in effect
but Trane's
FLD=Furnished by Trane/Installed by Others Trane Proposal Page 2 of 2
•
(OF et.
Ci
Agenda Item No.
t City of Elgin
ribak E
November 9, 2001 G �•
TO: Mayor and Members of the City Council
#4
FROM: Joyce A. Parker, City Manager RECREATIONAL LEISURE
AND CULTURAL OPPORTUNITIES
FOR ALL CITIZENS
SUBJECT: Contract with The Trane Company
for HVAC Controls at The Hemmens
PURPOSE
The purpose of this memorandum is to provide the Mayor and the
members of the City Council with information to award a contract
for control panels for the HVAC control system upgrade at the
Hemmens Auditorium.
BACKGROUND
The controls for the HVAC system in the Hemmens Auditorium are 30
years old and no longer function effectively. It was determined
that the control system should be upgraded to improve the comfort
level and the efficiency of the equipment within the building. A
total of $50, 000 for this project was included in the 2001 budget .
During the installation of new boilers and chillers at the Hemmens
building in 1996, a Trane Tracer Summit control system was
installed to operate the equipment . The system is also installed in
City Hall, the Law Enforcement Facility and is specified for the
new recreation facility. This project would be an extension of the
existing system to include the rest of the HVAC equipment within
the Hemmens building.
The Trane Company is the sole manufacturer and distributor of the
control panels for this system, and is, therefore, the only source
from which the City can purchase these items . (See attached
letter. )
Attached is a quote for control panels and devices for a total
price of $18 , 735 . 00 . This quote is for materials only. The
installation will be completed by the Building Maintenance staff.
Other materials needed for this project are not exclusive to The
Trane Company and will be bid separately.
HVAC Controls
C November 9, 2001
Page 2
GROUPS/INTERESTED PERSONS CONTACTED
None .
y4(FINANCIAL IMPACT
Sufficient funds for this project are available in account number
275-0000-791 . 92-36 , project number 379533 , where $50, 000 has been
budgeted.
LEGAL IMPACT
VAN‘one.
ALTERNATIVES
None.
RECOMMENDATIONS
It is recommended that the City Council approve a contract with The
Trane Company for control panels and accessories, per their quote,
for a total amount of $ 18, 735 . 00 .
Respectfully submitted,
ftZk4"(i-t`). *—
Joyce IA. Parker
City Manager
C
MANE'
Chicago Saks District 7100 Madison Richard L Karp k
The Trane Company VVi lowbrook 1L 60521 District Manager
TEL 630 734 3200
FAX sao.3299oda Cpmtnerciet sties
October 29, 2001
Mr. Rich Hoke
1uilding Maintenance Superintendent
City of Elgin
150 Dexter Court
Elgin. IL 60120-5555
Dear Mr.Hoke,
This letter is to inform you that the exclusive representative of Trane Company Building
Automation System Products for the state of Illinois is the Trane Corporation. As such,The
Trane Corporation is the sole source from which the City of Elgin may obtain Trane Company
Building Automation System Products.
We at The Trane Company appreciate your past orders and want to work hard to earn your future
business. We are eager to make a good and fair offer to the City. We look forward to a long and
mutually beneficial relationship.
Sincerely.
()L., � A
Chris Costakis
The Trane Company
cc: Mr. Dale Docekal,The Trane Company
r
An Amorin n c ',rf.wn'rmmnaanv www.trene.COm
096-A 600/Z00'd ZBZ-1 -i10d1 96:91 100Z-6Z-100
INANE
Chicago Sales District 7100 Madison Richard L Kasperek
The Trane Company Willowbrook IL. 60521 District Manager
TEL 630 734 3200
FAX 630 323 9040 Commercial Sales
Tag Data—Elgin Municipal Center,Hemmons Hall
bate System Qty Description Price
10/08/01 Summit l Revised Proposal for Summit 01C System Devices _ $18L735.00�
Scope:
The Trans Company is pleased to provide the following proposal for Trane Tracer Control
Panels. Unitary Control Modules and miscellaneous control devices per our proposal of
January 24, 2001. The proposed scope of control equipment is as outlined below:
• (4) Pre-assembled Control Panels With Universal Programmable Control Modules in a
NEMA 4 enclosure,with a 75 VA transformer, DC power supply, processing board,
binary output card with override switches, analog output card with override
potentiometers and four universal input cards, (Typical of 4 panels).
• (6) Space Temperature Wireless Sensors
• (1) Wireless Sensor Receiver
• (6) Unitary Control Modules
Exclusions:
The following items are not included within the scope of this proposal:
• Provision or installation of Smoke Detectors
• Provision or installation of Low Limit Thermostats
• All Hard Wired Temperature, CO2, Humidity and Static Pressure Sensors
• Brass Water Insertion Wells
• Control Installation or Wiring
• Programming, Commissioning or Graphics Generation
• Training
Notes:
• This proposal is valid for(30) days from date of issuance.
OSE-d E00/600"d ZEZ-1 -'load 96:91 lOOZ-8Z-l0o