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HomeMy WebLinkAbout18-30 Resolution No. 18-30 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH K2N CREST FOR ENGINEERING SERVICES IN CONNECTION WITH MASONRY REPAIRS AT THE HIGHLANDS CLUBHOUSE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9)the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an Agreement on behalf of the City of Elgin with K2N Crest for engineering services in connection with masonry repairs at the Highlands Clubhouse, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: March 7, 2018 Adopted: March 7, 2018 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk Cityof in Building Maintenance Department Rich Hoke, Building Maintenance Superintendent 1900 Holmes Road Elgin, IL 60123 ik E LG I N THE CITY IN THE SUBURBS Professional Services Agreement Engineering Services Highlands Clubhouse Water Infiltration AGREEMENT THIS AGREEMENT is made and entered into this 7th day of March, 2018, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as"CITY") and K2N Crest, an Illinois corporation(hereinafter referred to as "ENGINEER"). WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional CONSULTING services in connection with repairs related to water infiltration at the Highlands Clubhouse (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 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. The ENGINEER shall provide to the CITY the various Engineering services for the Project including construction documents, bidding services and construction administration. C. A detailed Scope of Services for the Project is attached hereto and made a part hereof as Attachment A. 2. PROGRESS REPORTS A. The ENGINEER shall provide the services according to the schedule as outlined in Attachment A attached hereto. 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 a monthly status report keyed to the project schedule. A brief narrative will be provided identifying progress, findings and outstanding issues. 3. WORK PRODUCTS All work product 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 at the completion of the project or upon request of the DIRECTOR; provided, however that the ENGINEER may retain copies of such work product for its records. ENGINEER'S execution of this Agreement shall constitute ENGINEER'S conveyance and assignment of all right, title and interest, including but not limited to any copyright interest, by the ENGINEER to the CITY of all such work product prepared by the ENGINEER pursuant to this Agreement. The CITY shall have the right either on its own or through such other ENGINEERs as determined by the CITY to utilize and/or amend such work product. Any such amendment to such work product shall be at the sole risk of the CITY. Such work product is 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 A. The CITY shall pay to the ENGINEER for services under this Agreement the total amount not to exceed thirty seven thousand,eight hundred fifteen Dollars($37,815) regardless of the actual costs incurred by the ENGINEER unless substantial modifications to the Project are authorized in writing by the DIRECTOR and approved by way of a written amendment to this Agreement. B. For outside services provided by other firms or sub Engineers, if any, and for any reimbursable expenses including for any deliverables, the CITY shall pay the ENGINEER the invoiced fee to the ENGINEER,plus zero percent. The cost of any outside services or any such reimbursable expenses for deliverables or otherwise are included within the not-to-exceed fee amount of thirty seven thousand, eight hundred fifteen Dollars ($37,815) provided for in subparagraph A above. C. The CITY shall make periodic payments to the ENGINEER based upon actual progress within thirty(30) days after receipt and approval of invoice. Said periodic payments to the ENGINEER shall not exceed the amount of work completed,work billed will correspond to the "Schedule of Values" included in attachment A and full payments for each task shall not be made until the task is completed and accepted by the DIRECTOR. D. All phases of the Project are tentative and subject to final approval by the DIRECTOR. The CITY may add or delete or modify portions of the Project any time at the CITY'S discretion. In the event that additional services are requested by the CITY for which the ENGINEER seeks additional compensation, such additional services and any such additional compensation shall require a written amendment to this Agreement approved by the parties hereto. ENGINEER'S hourly rates for any such additional services are set forth in Attachment A hereto. 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 total 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,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 an action to recover the monies the CITY has agreed to pay to the ENGINEER pursuant to Paragraph 4 hereof, no action shall be commenced by the ENGINEER against the CITY for monetary damages. ENGINEER hereby further waives any and all claims or rights to interest on money claimed to be due pursuant to this Agreement, and waives any and all such rights to interest which it claims it may otherwise be entitled pursuant to law, including, but not limited to, the Local Government Prompt Payment Act (50 ILCS 501/1, et seq.), as amended, or the Illinois Interest Act (815 ILCS 205/1, et seq.), as amended. The parties hereto further agree that any action by the ENGINEER arising out of this Agreement must be filed within one year of the date the alleged cause of action arose or the same will be time-barred. The provisions of this paragraph shall survive any expiration, completion and/or termination of this Agreement. 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 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 ENGINEERS The ENGINEER shall cooperate with any other Engineers 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: Andrew T. Krauklis, S.E.,R.A. Senior Principal K2N Crest 1010 Jorie Blvd., Suite 320 Oak Brook, Illinois 60523-4462 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 legally authorized to work in 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. 29. SUBSTANCE ABUSE PROGRAM As a condition of the AGREEMENT, ENGINEER shall have in place a written substance abuse prevention program which meets or exceeds the program requirements in the Substance Abuse Prevention Public Works Projects Act, at 820 ILCS 265/1 et seq. A copy of such policy shall be provided to the DIRECTOR prior to the entry into and execution of this AGREEMENT. 30. EXECUTION This AGREEMENT may be executed in counterparts. Electronic signatures or signatures transmitted by facsimile or email shall have the same legal effect as an original signature. 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 E l E 7- FOR THE CITY: By: 14/ BY i/��1/%,41(1' Andrew T.Krauklis, Senior Engineer 'ichard G.Kozal, City Manag-r Attest: imberly Dewis, y Clerk F:\Legal Dept\Agreement\K2N Crest-Agr-3-6-18.docx ATTACHMENT A SCOPE OF SERVICES The work of the engineer will be based on the investigation report issued on September 29, 2017 for the Highlands Clubhouse, patio area. The engineer will prepare specifications and necessary documents necessary for the City of Elgin to publicly bid repairs to stop the infiltration of water and repair damage which has already been done. The repair project will include but is not limited to: • Replacement of face brick in the outer terrace wall • Rebuilding portions of the concrete block behind the brick • Cleaning and coating of the structural steel with rust prohibitive coating • Installing proper flashings, fully adhered, with end dams and weeps • Routing and sealing of cracks in the terrace slab • Remove and replace deck coating 1. Construction Documents: During this phase, K2N will prepare the repair drawings and specifications for the repair of the Highlands of Elgin Club House terrace, slab, framing, railing, soffit, brick and CMU masonry. Estimated quantities of work will be defined. These items will become part of the contract documents once a contractor is retained. 2. Bidding Services: During this phase, K2N will issue the documents for bid, conduct a pre-bid meeting with repair contractors, review the bids,and make a recommendation. At this time,we anticipate at least three bidders. 3. Construction Administration: Pre-Construction: Will assist in preparing an owner-Contractor Agreement form. We will make any requested changes prior to finalizing the Agreement. Will provide "stamped" Drawings and necessary signatures for the Contractor's use in obtaining permits. Will review product submittals& shop drawings. Will conduct an on-site pre- construction meeting to review the Contract Documents and scope of work with the Contractor. Construction Administration: During this phase, engineer will make periodic site visits to observe that the work is progressing in accordance with the intent of the Contract Documents. It is anticipated that engineer will conduct an average of two (2) site visits per week for the duration of the repair work. Engineer will also conduct up to one (1) onsite progress meeting per month (note that the scheduling of site visits will be based on the actual progression of the construction). Engineer will also review change order requests and change directives, review applications for payment, provide clarifications to the Contract Documents, and track the unit price quantities for the duration of the project. Project Close-out: Engineer will inspect the work when it is substantially complete and issue the Certificate of Substantial Completion. The Certificate commences the warranty period and contains a punch list of incomplete work items.After the punch list is complete,engineer will conduct the Final Inspection and review the Contractor's Final Application for Payment. Engineer will provide an electronic copy of the Record Documents for this project. The Record Documents will generally include: field reports, photographs, submittals, payments,contract changes, meeting minutes, and the contract. These documents are to be retained by the Association for their records. Until the contractor is selected and the construction schedule defined,it is very difficult to provide an accurate cost for the Construction Administration Services that are related to duration. Once the contractor is selected and the construction schedule defined, K2N will provide a supplemental proposal if needed for construction administration based on the contractor's proposed schedule. Until then, we are using five weeks of construction to determine Administrative Costs. Schedule of Values Design Documents Drawings $15,400 Specifications $ 5,040 Bidding Pre-bid Meeting $ 1,350 Bid Review and Recommendation $ 865 Construction Administration Contract assistance $ 720 Pre-construction Meeting $ 1,080 Submittal Review $ 640 Field Services (5 weeks) $ 7,200 Office Support(5 weeks) $ 1,800 Punch List $ 1,080 Pay Request Review $ 720 Project Close Out $ 1,920 Total $37,815 Work Schedule: This schedule is meant to be a guideline and can be adjusted at the agreement of the Director and the Engineer. • March 7, 2018 Contract approval • June 15, 2018 Project out to bid • September 1, 2018 Begin construction • October 31, 2018 Project closeout Additional Fees: Additional services requested by the Director will be based on the following fee schedule: • Senior Principal $225.00/hour • Principal $185.00/hour • Associate/Roof Engineer $145.00/hour • Senior Architect/Engineer $135.00/hour • Architect/Engineer $120.00/hour • Assistant Architect/Engineer/Project Manager $100.00/hour • Architect/Engineer in Training $80.00/hour • Technician/Roof Observer $80.00/hour • Office $60.00/hour