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01-1329�i\��iV�i� Council File # q � . ,3a,�j, Green Sheet # t �� q RESOLUTION CITYAF SAINT PAUL, MINNESOTA I� Presented by Refeaed To Committee Date Resolution for Recommissioning of the HVAC systems at Fire Station # 14 1 WHEREAS, it is the policy of the City of Saint Paul to increase the efficiency of its' facilities wherever 2 possible; and 3 WHEREAS, the HVAC systems at Fire Station #14 require maintenance due to poor and inefficient operation; 4 and 5 WHEREAS, the most cost effective method of correcting this problem is to first determine what physical 6 changes need to be accomplished; and 7 WHEREAS, it is unlrno��n what remedies should be undertaken; and 8 WHEREAS, Cirys' does not have qualified staff to make this determination; now, therefore be it 9 RESOLVED that the City Council approves entering into a professional services agreement ti�7th 10 Environmental Systematics of Minnesota (Consultant) to recalibrate and reset the existing system back to its' 11 original design state to determine �vhat portions of the system are not working and what measures should be 12 taken to bring these HVAC systems up to current code and healthy conditions; and 13 RESOLVED, that the City Council approves the application of these funds and authorizes entering into such 14 said consultant contract. Please see the attached copy. 1 2 3 4 5 6 7 r°, Yeas Nays Absent � Benanav ✓ Blakey ✓ Bostrom ✓ Coleman � Harris ✓ Lantn ,/ Reiter � Co O \ g Adopted by Council: Date �.� _ 34 3ao � r � Form Approved by City Attorney � 9 Adoption Certified by Council Secretary 1 O By: � — ?. � �.� .--�-- 11 Approved by Mayor: Date � �r7 �� 12 13 By: _ ��d9�� e�` �;�G 1��' � ��°� �� t �e.� ��: Requested by Departrnent of: Approved by Mayor for Submission to Council � O \ -\3a9 H�SHAREDVDESIGtl0ID:00ESiA1A1'ES'BIltEDEPT'�COA•RESOLLTIO\BS14II/]9/JI S6P3S 2 (>ST, ,�(t��oi GREEN S �� ,,,� � TOTAL # OF SICaNATURE PAGES u �„�,��v � d,,,.,.�„ ❑.,,�.�,��. � YYOR1�11WTM11T) (CLJP ALL LOCATIONS FOR o �_�� No 111639 �� ❑ �� ,«.,�„�,�,,,�.a !�7 �/c��ct�,eES ��RF1> f� �D�t�UC.�AtT �c-S �R '�{!� ;. , .E {•�CoA1M�Ss�a�tl�Nc o� 7�,� ��c�ac. sYsz�n1 �r -�RC s�►'r'`ov�! i� ..Arra� ��v�eE:s � +� cc>c��v c�� R�ac.u� �r ��i�i�C� ��vrrvieES oA �/ r�Nr�NstN�� DS, w PLANNING CAMMISSION CIB CAMMITTEE CIVIL SERVICE CAMMISSION �� Has fhis persan/firm worked unCer a contract Por this depaRmeM? YES NO Has Mis personrfirtn ever been a city empbYee9 YES O� ooes tnis personrcim possess a slan rwt riorma�rycossessed br anr current citv emworeea YES NO Is ihis rm a targeted ventloYt � t(Lr S NO sG' .A'S�f �c�9�, GsNZ�R� o� -)-t V' �l G syST�VLS , �a R� �� JJOC�J� csmr'�RS o� o-ccuE�,a^/z� � 2�D vcEm r�s1Y�Tj� I �AGES IF NOT APPROVED / �, cv«� �/��/.�`U6 yb �4VE �Vl�bivMEN�'L P�B�s � k.�sT� 70UNT OF TRANSACTION S S�'� �� CAST/REVQIUE BUOGEfm (CIRCLE ONq NO SOI/RCE � .`� "' ACTNINNUMBER --�-ii—�i� -��OG�� (IXPWP�J �� b \ -1'� 3-"� Agreement # Between the City of Saint Paul and Environmental Systematics of Minnesota THIS AGREEMENT, made and entered into this � day of ��C= , 200�, by and between the City of Saint Paul, Minnesota, a municipal corporation under the laws of the State of Minnesota, hereinafter referred to as "City," and Environmental Systematics of Minnesota. incor�orated, whose address is 1400 Selby Ave. Suite #260. Saint Paul. MN 55104, hereinafter referred to as "Consultant." The City and Consultant, in consideration of the mutual terms and conditions, promises, covenants, and payments hereinafter set forth, agree as foliows: SECTION 1. Scope of Services. A. ConsultantagreestoprovideservicesasrequiredtorecommissionFireStation#14asdescribed in its proposal and letter dated May 7 8, 2001. The specific tasks, deliverables, time lines, etc. that make up these services are detailed in Attachment A, the Consultants' letter of proposal. SECTION 2. Time For Completion. A. The services rendered by Consultant shall be commenced upon execution of the Agreement and notification by the Ciry to proceed and will be completed in accordance with a schedule mutually agreed upon between City and Consultant, but in any case shall be no later than 9 months from the effective date of this Agreement. B. Consultant shall not proceed with any task without specific authorization from the Project Manager designated by the City. C. In the event that there are delays caused by actions of the City or which may be reasonably requested by the Consultant which can change the completion date, Consultant shall request an extension of time for completion of the project. The Project Manager will review the request and may grant to the Consultant such extensions of contract ti me as may be reasonable. SECTION 3. Billings and Payment. A. That for Consultants' faithful performance of this Agreement, the City hereby agrees to compensate Consultant in the amount $5,000.00 upon complection of the recommissioning report. This report shall cover a�l portions of the work, which include: 1. Check and adjust air for all air handling equipment. Provide a Balancing Report. 2. Check all controls for proper operation. 3. Inspectall equipment. B. The above amount shall ful ly compensate Consultant for all work and associated costs. The City will honor no claim for services and/or costs provided by the Consultant not specifically provided for in this Agreement. a � �i 3a� C. Consultant shail submit an itemized invoice (upon completion of each task)(each month). Upon receipt of the invoice and verification of the charges by the Project Manager, the City shall make payment to Consuitant within thirty (30) days. D. In the event the Consultant fails to comply with any terms or conditions of the contract or to provide in any manner the work or services as agreed to herein, the City reserves the right to withhold any payment until the City is satisfied that corrective action has been taken or completed. This option is in addition to and not in lieu of the Citys' right to termination as provided in the sections of this Agreement. SECTION 4. Project Management. A. TheCityrequirestheConsultanttoassignspecificindividualsasprincipalprojectmembersand to assure that the major work and coordination will remain the responsibility of these individuals during the term of the Agreement. Removal of any principal project member without replacement by equally qualified individuals or without the prior written approval of the City is grounds for termination of the Agreement by the City. Consultants' principal project members are: Raj Sarah Tim Griffen B. The City has designated David Hively - Supervisor of Maintenance, Department of Fire & Safety Services as the Project Manager for this Agreement, and the individual to whom all communications pertaining to the Agreement shall be addressed. The Project Manager shall have the authority to transmit instructions, receive information, and interpret and define the Citys' policy and decisions pertinent to the work covered by this Agreement. SECTION 5: City Responsibilities. A. The Ciry agrees to provide Consultant with access to any information from City documents, staff, and other sources needed by Consultant to complete the work described herei n i ncl udi ng: 1. Building documentation. 2. Access to all equipment. 3. Use of building services for the duration of the work as may be readily available from existingsupplypoints. ServicesrequiredbyConsultantbutnotreadilyavailableatexisting service points shall be the sole responsibility of Consultant. Use of such services shall not adversely affect the normal operation of the facility or programs conducted in it. SECTION 6. Work Products, Records, Dissemination of Information. A. For purposes of this Agreement, the following words and phrases shall have the meanings set forth in this section, except where the context clearly indicates that a different meaning is intended: 1. "Work product" shall mean any report, recommendation, paper, presentation, drawing, demonstration, or other materials, whether i n written, electron ic, or other format that resu Its from Consultants' services under this Agreement. 2. "Supporting documentation" shall mean any surveys, questionnaires, notes, research, papers, analyses, whether in written, eledronic, or in other format and other evidences used to generate any and a(I work performed and work products generated under this Agreement. e�-��a� 3. "Business records" shall mean any books, documents, papers, account records and other evidences, whether written, electronic, or in other forma, belonging to Consultant and pertaining to work performed under this Agreement. B. AI I deliverable work products and supporting documentation that result from the Consultants' services under this Agreement shall be delivered to the City and shall become the property of the City after finai payment is made to the Consultant with no right, title, or interest in said work products or supporting documentation vesting in Consultant. C. TheConsultantagreesnottorelease,transmit,orothenvisedisseminateinformationassociated with or generated as a result of the work performed under this Agreement without prior knowledge and written consent of the City. D. in the event of termination, all documents finished or unfinished, and supporting documentation prepared by the Consultant under this Agreement, shal I be del ivered to the City by Consultant by the termination date and there shall be no further obligation of the City to Consultant except for payment of amounts due and owing for work performed and expenses incurred to the date and time of termination. E. TheConsultantagreestomaintainallbusinessrecordsinsuchamanneraswillreadilyconform to the terms of this Agreement and to make such materials available at its office at all reasonable times during this Agreement period and for six (6) years from the date of the final payment under the contract for audit or inspection by the City, the Auditor of the State of Minnesota, or other duly authorized representative. Consultant agrees to abide strictly by Chapter 13 of the Minnesota Statutes (Minnesota Government Data Practice Act) as well as any other applicable federal, state, and local Iaws or ordinances, and all applicable rules, regulations, and standards established by any agency of such governmental units which are now or hereafter promulgated insofar as they relate to the Consu�tants' performance of the provisions of this Agreement. Consultant agrees to provide information pursuant to Minnesota Statutes, Chapter 13.05. SECTION 7. Equal Opportunity Empioyment. A. Consultant will not discriminate against any employee or applicant for employment for work underthis Agreement because of race, color, religion, sex, age, or national origin and will take affirmative steps to ensure that applicants are employed and employees are treated during employment without regard to race, color, religion, sex, age, or national origin. B. This provision shall include, but not be limited to the following: employment, upgrading, demotion, ortransfer; recruitment advertising, layoff or termination; rates of pay or their forms of compensation; and selection for training, including apprenticeship. SECTION 8. Compliance With Applicable Law. A. Consultant agrees to comply with all federal, state, and local laws or ordinances, and all applicable rules, regulations, and standards established by any agency of such governmental units, which are now or hereafter promulgated insofar as they relate to the Consultants' performance of the provisions of this Agreement. It shall be the obligation of the Consultant to apply for, pay for, and obtain all permits and/or licenses required. D�-�3a9 SECTION 9. Conflict of Interest. A. Consultant agrees that it will not contract for or accept employment for the performance of any work or services with any individual, business, corporation, or government unit that would create a confl ict of interest in the performance of its obl igations pursuant to this Agreement with the City. B. Consultants' acceptance of this Agreement indicates compliance with Chapter 24.03 of the 5aint Paul Administrative Code: "Exceptas permitted by law, no Cityofficial oremployee shall be a party to or have a direct financial interest in any sale, lease, or contract with the City." C. Consultant agrees that, shouid any conflid or potential conflict of interest become known, Consultant wi I I advise the Purchasi ng Systems Manager of the situation so that a determination can be made about Consultants' ability to continue performing services under the Agreement. SECTION 10. Insurance. A. Consultant shall be required to carry insurance of the kind and in the amounts shown below for the life of the contract: 1. Public Liability Insurance a. Bodily Injury b. Property Damage $1,000,000 each occurrence $2,000,000 aggregate $1,000,000 each accident $2,000,000 aggregate 2. Automobile Insurance a. Bodily Injury $ 750,000 per person $1,000,000 peraccident b. Properry damage not less than $ 50,000 per accident 3. Workers' Com�ensation and Employers' Liabilitv a. Workers' Compensation per Minnesota Statute. b. Employers' Liability shall have minimum limits of $500,000 per accident; $500,000 per employee; $500,000 per disease policy limit. 4. Professional Liability Insurance a. b. $1,000,000 peroccurrence $2,000,000 aggregate 5. General insurance Requirements a. The policy is to be written on an occurrence basis or as acceptable to the City. Certificate of insurance must indicate if the policy is issued on a claims-made or Occurrence basis. All certificates of insurance shall provide that the Citys' Division of Contract and Analysis Services be given not less than thirty (30) days prior Written notice of cancellation, non-renewal or any material changes in the policy. Agent must state on the certificate if policy includes errors and omissions coverage. b. The Consultant shall not commence work until a Certificate of Insurance covering all of the insurance required for this project is approved and the project manager has issued a notice to proceed. insurance must remain in place for the duration of the original contract and any extension periods. o � - t� a°� SEC710N 11. independent Contractor. A. It is agreed by the parties that, at all times and for ail purposes within the scope of the Agreement, the relationship of the Consultant to the City is that of independent contrador and not that of employee. No statement contained in this Agreement shall be construed so as to find Consultant an employee of the City, and Consultant shal I be entitled to none of the rights, privileges, or benefits of Saint Paul employees. SECTION 12. Subcontracting. A. The Consuitant agrees not to enter into any subcontrads for any of the work contemplated under this Agreement without obtaining prior written approval of the City. SECTION 13. Hold Harmless. A. The Consultant shall indemnify, save and hold harmless, protect, and defend the City, its officers, agents, and employees from all claims, actions or suits of any character brought for or on account of any claimed or alleged injuries or damages received by any person or property, including the City, resulting from any act or omission by any person employed by Consultant in carrying out the terms of this Agreement. SECTION 14. Assignment. A. The City and the Consultant each binds itself and its successors, Iegal representatives, and assigns of such other party, with respect to al I covenants of this Agreement; and neither the City nor the Consultant will assign or transfer their interest in this Agreement without the written consent of the other. SECTION 15. Termination. A. This Agreement will continue in full force and effect until completion of the project as described herein unless either party terminates it at an earlier date. Either party to this Agreement may terminate it by giving no less than thirty (30) days written notice of the intent to terminate to the other party. B. With Cause. The City reserves the right to terminate this Agreement if the Consultant violates any of the terms or does not fulfill, in a timely and proper manner, its obligations under this Agreement as determined by the City. In the event that the City exercises its right to withhold payment or terminate under this Section, it shall submit written notice to the Consultant, specifying the extent of such withholding or termination under this Section, the reasons therefore, and the date upon which such withholding or termination becomes effective. Upon receipt of such notice, the Consultant shall take all actions necessary to discontinue further commitments of funds to the extend that they relate to the terminated portions of this Agreement. C. In the event of termination, the City will pay Consultant for all services actually, timely, and faithfully rendered up to the receipt of the notice of termination and thereafter until the date of termination. The Consultant wiil deliver all work products and supporting documentation developed up to the time of termination prior to the City rendering final payment for service. o � _��sa°� SECTION 16: Default by Consultant. A. In the event Consultantfai Is or neglects to comply with any term or condition of th is Agreement or to provide the services stated herein, City shall have the right, after written notice, to cease payment hereunder. This remedy shall be in addition to any other remedies, including termination, available to the City in law or equity. The Ciry shali be entitled to recover reasonable attorneys' fees and costs of col lection associated with enforci ng its rights hereunder. SECTION 17. Amendment or Changes to Agreement. A. CityorConsultantmayrequestchangesthatwouldincrease,decrease,orotherwisemodifythe Scope of Services. Such changes and method of compensation must be authorized in writing in advance by the City. B. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when reduced to writing and duly signed by the parties. C. Modifications or additional schedules shall not be construed to adversely affect vested rights or causes of action which have accrued prior to the effective date of such amendment, modification, or supplement. The term "this Agreement" as used herein shall be deemed to include any future amendments, modifications, and additional schedules made in accordance herewith. SECTION 1S. Notices. A. Except as otherwise stated in this Agreement, any notice or demand to be given under this Agreement shall be delivered in person or deposited in United States Certified Mail, Return Receipt Requested. Any notices or other communications shall be addressed as follows: To City: Dave Hively 678 Bedford Street Saint Paul, Minnesota 55101-4509 To Consultant: R�Sara�r 1400 Selby Ave. Suite #260 Saint Paul, Minnesota 55104 SECTION 19. Waiver. A. Any fault of a party to assert any right under this Agreement shall not constitute a waiver or a termination of that right, this Agreement, or any of this Agreements' provisions. SECTION 20. Survival of Obligations. A. TherespectiveobligationsoftheCityandConsultantunderthesetermsandconditions,which by their nature would continue beyond thetermination, cancel lation, or expiration hereof, shall survive termination, cancellation or expiration hereof. B. If a court or governmental agency with properjurisdiction determines that this Agreement, or a provision herein is unlawful, this Agreement or that provision, shall terminate. If a provision is so terminated but the parties legally, commercially, and practicably can continue this Agreement without the terminated provision, the remainder of this Agreement shall continue in effect. 0�-�3�1 SECTIOh( 21. Interprefafion of Agreement, Venue. A. This Agreement shall be interpreted and construed according to the laws of the State of Minnesota. AillitigationrelatedtothisAgreementshallbevenuedintheDistrictCourtofthe County of Ramsey, Second Judicial District, State of Minnesota. SECTION 22. Force Majeure. A. NeithertheCitynortheConsultantshallbeheldresponsibleforperformanceifitsperformance is prevented by acts or events beyond the partys' reasonable control, including, but not limited to: severe weatherand storms, earthquake or other naturat occurrences, strikes and other labor unrest, power failures, eledrical power surges or current fluctuations, nuclear or other civil military emergencies, or acts of legislative, judicial, executive, or administrative authorities. SECTION 23. Entire Agreement. A. It is understood and agreed that this entire Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matters herein. ItJ WITNESS WNEREOF, the parties hereto have executed this Agreement, the day and year first above written. For the City of Saint Paul: For Consultant• By C Its �"�-� ' � Its TaxpayerlD: � ��37T_ �� y��- Ciry Department Director Signature Peter Hames Office of Financial Services OS/18/2001 11:20 FA$ 651 646 6806 ENVIRON�fENTAL \� n/1� 1 � EN�IRONMENTAL SYSTEMATICS CONTRACTORS-ENGINEERS 5-18-01 Mr. Chuck Ekstedt City of St Paul, Rm 140 15 W Kellogg Blvd St Paul, Mn.55102 Re: Fire Station # 14 Aeaz Chuck: We propose to check existing INAC system for the above project as fol2ows: Check & adjust sir for all air-handling equipment to design requirements. Provide balancing report to owner. 2. Check all tempezatuze contols for proper operation. Notify the owner of any defective controls. 3. Inspect all equipment and notify owner of any defectzve parts. We will do the above work on time and materiai basis not to exceed $ 5000.00. Our hourly rate for field teclanician will be $ 56.00/hr. Sincerely, �� Raj Saza� P.E. cc: file(fs14) C.�� a � -\�a`1 1900 SELBY AVE_. STE. 260. ST. PAUL, hSN. 55104 (651) (651) �"""""" (�51)644-7200 rHr Lec F. M rphy, Inc. 25I5 Hab sfi Ave. 63Q0 S2. Paul MN 55114-2000 I NSUREO E�V �ronmen2al SYStematics S E TIN. Inc. 140 Selhy Avenue #260 St. Paul. MN 55304 (652)644-9I>7 nnesoia o�-�3a't ITY INSURANCE oare�wu,00�w� 1 Z/tSl2001 lRIS"CER'TfF fA77Ef��F11�F'a}F14TA7IZSF7 ONLY ANO CONFERS NO RIGH75 UPON 7HE CERTIFICATE HOLDER. THIS CERTIFICA7E DOES NOT AMEND, EXTEND OR AtTER THE COVERAGE AFFORDED BY 7'HE POLtCt BE COW. INSURERS AFFORDINO COVERAGE INSURERk CNA Znsurance Companies INSURERB' AULO Owners Insurance �NS��E�c. Micoa IrvJUht1< V' WSVRER E MAY PE�7TN . TN^� �NSURANCE AFFORDED BY THe POLICIES DESCiTIi POLICIcS. A GRcGP.TE lIM1T5 SHOWN MAY NAYE 9EEN REOUCED 8Y ,7g T PEOFIHSVFANC£ POIiCYNUMBER GENEFAL �ABILITY �0$$OHO6 K COFL1 ERGAL GEN:PAL UABILI7Y ' lAfMS MAOE a OCCUR A CFN�nf R�GA(ELIMIT��PLIESGEft. PUII P �� J°GT lOC AVTOMOBI2LIA�ILITY $-$94-$�8-00 X ANY q TO nu ow NED AUTOS SCN' U�EDAUTOS 8 T HIFE AVTOS Y2 1 Dod FXCESSLt BIUTY UCCV OCtAiM5Mn0`c A U=OV tialE RETE TIVN k WOFKEFS COMPfNSnT�ON nND EMPCOYEaS' LIaOtCtTY C i �qutipm�nt Fioater A 33]0504> 0003672 00850806 ��^i�1"N RESPECT Tp WH�CH TH�S CERT�FICATE MAY 0= ISSUeD OR SVEJ'cC7 TO AL! THc' 7'cRMS_ 'cXCLUS10N5 AND CON07710N5 OP SUCH D4TE �(MMIO'p/YT'� � DGTE �MYJDOIY`%) L�At1T5 O�l/O1/20D1 09/O1/2002 [nCdOCCURR[NCE S 1.00O,G FIRE DAhIAGc (Arty one hr.] E S O 0. C MED EkP (any pno po oCN 3 S� 0 PERSONAC 6 ADV ItvJUftY 5 1, 0 D O, G GENEfWLAGGftEGATE S L.00O,G PFOOUCTS•COMPoOPAG6 E I,OOO,C O�/O1/2001 D9/O1/2�02 �ONIflINEDSINGIELIMIT lE99CCfuenq S i,000,c DOOIIY IN!URY j (Perpc�:an) BODILYIWURY 5 IPeractlasnq PROPER7YDAM4GE _ (?otaCCljanl) AUTO ONLY • HA ACGIDENT S OTNEFTHnN �` E AUl'OONLY. �GG 2 04/02/2002 09/OI/2002 FJ+C+�OCCOna@NCE s 5,000� aGG.2EGATE % $ , 000 � t 5 5 12/1$/2000 O1/O1/2002 TORV IMITS E� EL EACHnCCIDENi 5 5pp c L OISEAS; � EA EMf'LOYE S $ Q Q EL OISEASE•POIICYlIM1T 5 $00 o9/oz/zooi os/oi/zooz LimiT sa,000 Deduetibte Y2S0 ity oF Stl. Pau1, Tts Officers & Employees are 1isYed as Additional Insu�ed w9Ch ra9ards Co irostaYion Number 14 Projeci. AOOITONAI INSUfifD:INSUFER LET�ER Cit af SY. Paul acc : Chuck Ekssedt' 35 ett Kel7ogy Sui e X140 Sc. 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