Loading...
HomeMy WebLinkAbout22-44 Resolution No. 22-44 RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT AGREEMENT WITH B &F CONSTRUCTION CODE SERVICES, INC. FOR SUPPLEMENTARY BUILDING INSPECTION SERVICES 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 Amendment Agreement on behalf of the City of Elgin with B &F Construction Code Services,for supplementary building inspection services,in a form approved by the Corporation Counsel. s/David J. Kaptain David J. Kaptain, Mayor Presented: March 23, 2022 Adopted: March 23, 2022 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk AMENDMENT AGREEMENT THIS AMENDMENT AGREEMENT is made and entered into this 23 day of March, 2022, by and between the City of Elgin, an Illinois municipal corporation (hereinafter referred to as the"City")and B &F Construction Code Services(hereinafter referred to as the"Consultant"). WHEREAS,the City and the Consultant previously entered into an agreement dated March 23, 2021, wherein the City engaged the Consultant to provide inspectors to perform building, mechanical, electrical and energy inspections and certified Illinois license plumbing inspections on behalf of the City(hereinafter referred to as the "Original Agreement"); and WHEREAS, the City and the Consultant entered into a supplemental agreement dated September 8, 2021, for such inspection services (hereinafter referred to as the "Supplemental Agreement"); and WHEREAS, the City has determined that it is necessary and desirable to amend the Original Agreement and the Supplemental Agreement pursuant to this Amendment Agreement to engage the Consultant to furnish certain additional inspection services during the extended term as herein provided; and WHEREAS, this Amendment Agreement is germane to the Original Agreement and the Supplemental Agreement as signed, and this Amendment Agreement is in the best interest of the City and is authorized by law. NOW, THEREFORE, it is hereby agreed by and between the City and the Consultant as follows: 1. The foregoing recitals are incorporated in this Amendment Agreement in their entirety. 2. Section 4 of the Original Agreement and of the Supplemental Agreement are hereby further amended by adding the following additional paragraph C to the end thereof- "C. For services to be provided pursuant to the Amendment Agreement,the Consultant shall be paid forty-five dollars ($45.00) per inspection with a minimum charge of two(2)inspections per day or eighty dollars($80.00)per hour including travel time one way, whichever shall be the lesser amount per day with the total fee not to exceed forty five thousand dollars ($45,000.00) regardless of the actual costs incurred by the Consultant unless substantial modifications to the scope of the work are authorized in writing by the director and approved by way of written amendment to this Amendment Agreement executed by the parties hereto. For the purposes of clarification, the total amount to be paid to the Consultant pursuant to the Original Agreement ($19,500), the Supplemental Agreement ($45,000), and this Amendment Agreement ($45,000) totals the total amount not to exceed $109,500." 3. That Section 7 of the Original Agreement and the Supplemental Agreement are hereby further amended to provide that the term of the agreement pursuant to the Amendment Agreement is from February 1, 2022 to January 21, 2023. 4. That except as amended in this Amendment Agreement, the Original Agreement, as previously amended by the Supplemental Agreement, shall remain in full force and effect. In the event of any conflict between the terms of this Amendment Agreement, and the terms of the Original Agreement as previously amended by the Supplemental Agreement, the terms of this Amendment Agreement shall supersede and control. 5. This Amendment Agreement may be executed in counterparts, each of which shall be an original and all of which shall constitute one and the same agreement. For the purposes of executing this Amendment Agreement, any signed copy of this Amendment Agreement transmitted by fax machine or e-mail shall be treated in all manners and respects as an original document. The signature of any party on a copy of this Amendment Agreement transmitted by fax machine or e-mail shall be considered for these purposes as an original signature and shall have the same legal effect as an original signature. Any such faxed or e-mailed copy of this Amendment Agreement shall be considered to have the same binding legal effect as an original document. At the request of either party any fax or e-mail copy of this Amendment Agreement shall be re-executed by the parties in an original form. No party to this Amendment Agreement shall raise the use of fax machine or e-mail as a defense to this Amendment Agreement and shall forever waive such defense. IN WITNESS WHEREOF, the parties hereto have entered into and executed this Amendment Agreement as of the date and year first written above. CONSULTANT: CITY OF ELGIN B & F Cons tion Code ervices, Inc. By: By- Name/Print: Seth Somer City M m anager Title: Director of Quality Control & Staff Development Atte rt Ierk Legal Dept\Agreement\B&F Construction Code Services-Amend Agr-3-21-22.docx 2