08-86 Resolution No. 08-86
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
CONSOLIDATED CONSULTING ENGINEERS
(HVAC System Evaluations)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
Olufemi Folarin,City Manager,and Diane Robertson,City Clerk,be and are hereby authorized and
directed to execute an agreement on behalf of the City of Elgin with Consolidated Consulting
Engineers for professional services in relation to HVAC Systems in the Police Facility and the
Riverside Water Plant, a copy of which is attached hereto and made a part hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: March 26, 2008
Adopted: March 26, 2008
Omnibus Vote: Yeas: 4 Nays: 0
Attest:
s/Diane Robertson
Diane Robertson, City Clerk
AGREEMENT
THIS AGREEMENT, made and entered into this / .-day of March, 2008,by and
between the CITY OF ELGIN, an Illinois municipal corporation(hereinafter referred to as
"CITY") and Consolidated Consulting Engineers (hereinafter referred to as "Consultant").
WHEREAS,the CITY desires to engage the Consultant to furnish certain professional
services in relation to HVAC system evaluation and the preparation of specifications and bid
documents for upgrades to existing systems (hereinafter referred to as the"PROJECT").
AND
WHEREAS,the Consultant 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 Consultant that
the CITY does hereby retain the Consultant 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 all consulting matters involved in the PROJECT, subject to the following terms
and conditions and stipulations, to-wit:
I. SCOPE OF SERVICES
A. All work hereunder shall be performed under the direction of the Building
Maintenance Superintendent of the CITY,herein after referred to as the "DIRECTOR".
B. A detailed Scope of Services is attached hereto as Attachment A.
II.ITEMS NOT INCLUDED IN SCOPE OF WORK
A.Reimbursable Items: Included in Scope of Work
III. PROGRESS REPORTS
A. Progress will be recorded on the project schedule and submitted monthly as a
component of the Status Report described in Paragraph B. below:
B. The Consultant 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.
IV. WORK PRODUCTS
All work products prepared by the Consultant 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 Consultant 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 Consultant.
V. PAYMENTS TO THE CONSULTANT (Lump Sum Method)
A. The CITY shall reimburse the Consultant for services under this Agreement, a
lump sum of sixty seven thousand($67,000) dollars,regardless of actual costs incurred
by the Consultant. Modifications to the project shall be authorized in writing by the City.
In the event of any such written authorization by the City, it is agreed that the hourly rate
for additional services will be per the Fee Schedule in Attachment A.
B. The CITY shall make periodic payments to the Consultant based upon actual progress
within 30 days after receipt and approval of invoice. Said periodic payments to the
Consultant shall not exceed the amounts shown in the proposal, and full payments for
each task shall not be made until the task is completed and accepted by the DIRECTOR.
VI. INVOICES
A. The Consultant shall submit invoices in a format approved by the CITY.
Progress reports for the project will be included with all payment requests.
B. The Consultant shall maintain records showing actual time devoted and
costs incurred. The Consultant shall permit the authorized representative of the CITY
to inspect and audit all data and records of the Consultant for work done under this
Agreement. The Consultant shall make these records available at reasonable times
during the Agreement period and for a year after termination of this Agreement.
VII. 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 Consultant. In the event
that this Agreement is so terminated,the Consultant 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 Article V above.
VIII. TERM
This Agreement shall become effective as of the date the Consultant is given a notice
to proceed and, unless terminated for cause or pursuant to Article VII, shall be
deemed concluded on the date the CITY determines that all of the Consultant'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. The term of the
Agreement is three years, conditioned upon satisfactory performance by the
Consultant and appropriation of fund by the City Council. If no funds are
appropriated for a year of the contract, services will not be provided for that year and
the remainder of the Agreement shall remain in full force and effect.
IX. NOTICE OF CLAIM
If the Consultant wishes to make a claim for additional compensation as a
result of action taken by the CITY,the Consultant 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 Consultant's fee
shall be valid only to the extent that such changes are included in writing signed by
the CITY and the Consultant. Regardless of the decision of the DIRECTOR relative
to a claim submitted by the Consultant, all work required under this Agreement as
determined by the DIRECTOR shall proceed without interruption.
I. 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.
at/
XI INDEMNIFICATION
To the fullest extent permitted by law, Consultant 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, attorney's
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 Consultant in connection herewith, including negligence or omissions of
employees or agents of the Consultant 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 termination and/or
expiration of this agreement.
XII. 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.
XIII. INSURANCE
A. Comprehensive Liability. The Consultant 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 $2,000,000 aggregate for bodily
injury and$2,000,000 aggregate for property damage.
The Consultant 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 Consultant under Article X 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 prorate, 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$2,000,000 per occurrence subject to a$2,000,000 aggregate.
D. Professional Liability. The Consultant shall carry Consultant's
Professional Liability Insurance Covering claims resulting from error, omissions or
negligent acts with a combined single limit of not less than $2,000,000 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.
XIV. CONSTRUCTION MEANS,METHODS,TECHNIQUES, SEQUENCES,
PROCEDURES AND SAFETY
The Consultant 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.
XV. 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.
XVI. 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.
XVII. DELEGATIONS AND SUBCONTRACTORS
Any assignment, delegation or subcontracting shall be subject to all the terms,
conditions and other provisions of this Agreement and the Consultant shall remain
liable to the CITY with respect to each and every item, condition and other provision
hereof to the same extent that the Consultant 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.
XVIII. 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.
XIX. 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.
X.X. 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.
XXI. 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.
XXII. 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.
XXIII. NEWS RELEASES
The Consultant may not issue any news releases without prior approval from
the DIRECTOR,nor will the Consultant make public proposals developed under
this Agreement without prior written approval from the DIRECTOR prior to said
documentation becoming matters of public record.
XXIV. COOPERATION WITH OTHER CONSULTANTS
The Consultant shall cooperate with any other consultants in the CITY's
employ or any work associated with the PROJECT.
XXV. INTERFERENCE WITH PUBLIC CONTRACTING
The Consultant 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.
XXVI. SEXUAL HARASSMENT
As a condition of this contract, the Consultant 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;
6
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 must be provided to the Department of Human Rights upon
request 775 ILCS 5/2-105.
XXVII. WRITTEN COMMUNICATIONS
All recommendations and other communications by the Consultant 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 Consultant be made or
confirmed in writing.
XXVIII. 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 Consultant:
Edward Chrzastowski, P.E.
General Partner
Consolidated Consulting Engineers
212 S. Milwaukee Ave.
Wheeling,Illinois 60090
IN WITNESS WHEREOF, the undersigned have placed their hands and seals upon and executed
this Agreement in triplicate as though each copy hereof was an original and that there are no
other oral agreements that have not been reduced to writing in this statement.
For the CITY:
ATTEST: THE CITY OF ELGIN
By �. mac , By ' -
City Clerk er
(SEAL)
For the Consultant:
Dated this day of March,A.D., 2008.
ATTEST: /
•
r
Br2e1-1-41-I'V all-4)44-'■ I .eilA-44.4111/rie.zed)
ecretary 'reside
(SEAL) OFFICIAL SEAL
JOAN M. POLEC
NOTARY PUBUC,STATE OF ILLINOIS
MY COMMISSION EXPIRES 74.2011
•
ATTACHMENT A
I. SCOPE OF SERVICES
Each system is to be evaluated and problems identified. Solutions for each of the problems are to
be discussed with the Building Maintenance Superintendent and agreed upon. A bid specification
for each system including necessary drawings and cost estimates will be prepared. One bid will
be issued this year for work at the Riverside facility based on cost estimates and available funds.
The remaining projects will be submitted for budget approval in 2009.
The Riverside Water Plant project will involve:
Boiler replacement at the Riverside Water Plant
Fresh air intake and coil freeze up problems on existing air handlers -Riverside
Temperature control and air balance problems within the lab -Riverside
Temperature control in the filter gallery—Riverside
Schematic Design and Report Phase 35% $11,200
Bid Document Phase 55% $17,600
Construction Phase 10% $ 3,200
Total Cost $32,000
The Police Facility project will involve:
Fresh air intake and building pressure problems in the Police Facility
Heating and cooling in the police Communications center.
Schematic Design and Report Phase 35% $ 4,550
Bid Document Phase 55% $ 7,150
Construction Phase 10% $ 1,300
Total Cost $13,000
The Public Works project will involve:
Review of the current gas piping system(no bid document preparation)
Total Cost $1,000
The Elevator project will involve:
The consultant will inspect all City owned elevators to determine the complete scope of the
upgrade that will be required. The consultant will then prepare specifications and bid
documents for the required work. This work is anticipated to be spread over a three year
period of time so three sets of bid documents, one for each phase of work,will need to be
prepared. The consultant will also prepare cost estimates for each of the three phases of
work so the City can properly budget for the project.
Elevators to be Included in the Project
Airlite Water Treatment Plant(freight)—74 N. Airlite 1964
Centre Passenger— 100 Symphony Way 2002
Centre Freight— 100 Symphony Way 2002
City Hall North— 150 Dexter Court 1968
City Hall South— 150 Dexter Court 1968
City Hall "Old Prisoner— 150 Dexter Court 1968
Fulton Parking Deck#1 —245 Fulton 2005
Fulton Parking Deck#2--245 Fulton 2005
Hemmen's Auditorium—45 Symphony Way 1968
Lords Park Museum—225 Grand Blvd. 1999
Lords Park Pavilion— 100 Oakwood Drive 1992
Old Main—360 Park St. 1985
Riverside Water Plant(freight)—375 W. River Road 1983
Spring Street Parking Deck North—200 E. Chicago St. 1981
Spring Street Parking Deck South—200 E. Chicago St. 1981
Symphony Way Parking Deck- 95 Symphony Way 2002
Police Department North— 151 Douglas 1996
Police Department South— 151 Douglas 1996
Police Department Prisoner— 151 Douglas 1996
Fire Museum(screw drive lift)—533 St. Charles St. 1994
Dates are estimate of when the elevators were placed in service.
Schematic Design and Report Phase 35% $ 7,000
Bid Document Phase 55% $11,000
Construction Phase 10% $ 2,000
Total Cost $20,000
The engineer will provide a pre-bid meeting and review of the low bidder's qualifications. The
engineer will provide representation at a preconstruction meeting,review shop drawings, and
provide a final walkthrough and punch list for the 2008 project. Additional work will be subject
to budget approval.
Insurance: $750
Reimbursable items not to exceed: $250
Total cost of services included in this Agreement $67,000
ADDITIONAL SERVICES
Any additional services requested and agreed to by The City of Elgin will be conducted at the
following hourly rate:
Principal $120/hour
Engineer $100/hour
Drafting $85/hour
Clerical $65/hour
,fh",
March 7, 2008
TO: Mayor and Members of the City Council N
FROM: Olufemi Folarin, City Manager ,,;�,�n; :t�
Rich Hoke, Building Maintenance Superintendent ' ('°``''r'�""`
SUBJECT: Mechanical Engineering Services Agreement with Consolidated Consulting
Engineers
PURPOSE
The purpose of this memorandum is to provide the Mayor and members of the City Council with
information to consider entering into an agreement with Consolidated Consulting Engineers for
mechanical engineering services.
RECOMMENDATION
It is recommended that the City Council authorize the City Manager to execute an agreement
with Consolidated Consulting Engineers in the amount of $67,000 for mechanical engineering
services relating to the investigation of HVAC systems in the Police Facility and the Riverside
Water Plant.
BACKGROUND
Some of the HVAC equipment at the Riverside Water Plant is not functioning properly and
upgrades were included in the 2008 budget. There are several issues with equipment in the
Police Facility relating to the proper control of the ventilation air that must be brought into the
building. These issues make it very difficult to control the proper pressure and temperature
within the building. An RFP was prepared for mechanical services to investigate problems
related to the equipment and develop solutions and budgets for the repairs. The agreement
includes investigation and design services based on a scope agreed to given the current
information. Pending the outcome of the investigation phase, if the initial scope of work needs
to be changed, an amendment will be brought back to Council for approval.
A request for proposal was prepared by staff. Several area architectural and consulting firms
were solicited. Two firms submitted proposals. After a review by staff of the proposals
submitted, Consolidated Consulting Engineers was selected as the most qualified firm for the
project. Consolidated Consulting Engineers has successfully completed projects for the City of
Elgin in the past.
Upon selection, the scope of services and fees were reviewed with Consolidated Consulting
Engineers. The scope of work includes investigation of existing problems, establishing a list of
needed repairs and preparing cost estimates. The scope also includes preparation of construction
and bid documents for the work to be completed in 2008. A more detailed scope is attached.
Due to changes in the Illinois code relating to elevators, several changes will be required to
elevators in City owned buildings. Proposals were solicited for services to inspect the City's
elevators and prepare bid documents for modifications that will be required to meet the new
code. No proposals or inquiries were received for this project. Since no proposals were received
and the first phase of the work must be completed before the end of the year, Consolidated
Consulting Engineers was asked to provide us with a proposal for this work. Consolidated's
proposal for this work was $20,000 which has been included with the scope of services.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None
FINANCIAL IMPACT
The agreement with Consolidated Consulting Engineers will total $67,000. Funding for this
project in the amount of $15,000 is budgeted and $15,000 available in the Riverboat Fund,
account number 275-0000-791.92-46, "Capital Additions/Other Equipment," project number
239562, "Police Facility Engineering", $250,000 is budgeted and $250,000 available in the
Riverboat Fund, account number 275-0000-791.92-36, "Capital Additions/Buildings and
Structures," project number 339957, "Elevator Upgrades." Additionally, $175,000 is budgeted
as part of the water portion of upcoming 2008 General Obligation Bond Sale, account number
368-4000-795.93-36, Major Repairs/Buildings and Structures," project number 409716,
"Riverside HVAC."
LEGAL IMPACT
None
ALTERNATIVES
1. The City Council may choose to approve the consulting services agreement with
Consolidated Consulting Engineers.
2. The City Council may choose not to approve the consulting services agreement with
Consolidated Consulting Engineers.
Respectfully submitted for Council consideration.
RH
Attachment