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HomeMy WebLinkAbout23-212 Resolution No. 23-212 RESOLUTION AUTHORIZING EXECUTION OF AN 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 Agreement on behalf of the City of Elgin with B & F Construction Code Services, for supplementary building inspection services, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: November 15, 2023 Adopted: November 15, 2023 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk AGREEMENT THIS AGREEMENT is made and entered into this 15th day ofNovember, 2023 (hereinafter referred to as "AGREEMENT"), by and between the CITY OF ELGIN, an Illinois municipal corporation(hereinafter referred to as"CITY")and 13&F Construction Code Services, Inc.,(hereinafter referred to as"CONSULTANT"). WHEREAS, the CITY has issued more than nine thousand and nine hundred (9,900) permits for building, electric, plumbing, mechanical, occupancy, and other building and construction related items (hereinafter referred to as "PERMITS") on average over the calendar years 2020,2021,and 2022; and WHEREAS, the CITY issued ten thousand three hundred and sixty-one (10,361) PERMITS in 2022;and WHEREAS, the CITY conducts various inspections upon the work resulting from the issuance of PERMITS,including but not limited to building,mechanical,electrical,and plumbing inspections(hereinafter referred to as"INSPECTIONS"); and WHEREAS, the State of Illinois establishes that plumbing inspections may only be conducted by a Certified Illinois Licensed Plumbing Inspector; and WHEREAS, the CITY has determined that the appropriate response time for an INSPECTION is generally the next business day(hereinafter referred to as the"STANDARD OF SERVICE"),and that this STANDARD OF SERVICE minimizes disruptions to the general public and provides a competitive advantage over other municipalities within the Chicago metropolitan area;and WHEREAS, the CITY employs four (4) full-time building inspectors to perform INSPECTIONS (hereinafter referred to as"INSPECTORS"); and WHEREAS, only two (2) INSPECTORS are Certified Illinois Licensed Plumbing Inspectors;and WHEREAS, the CITY has determined that this staffing level is sufficient to meet its STANDARD OF SERVICE in so long as all positions are filled,but that any vacancy or extended absence,even by one INSPECTOR,has a significant and detrimental impact on the STANDARD OF SERVICE;and WHEREAS,the City finds that it is important to put in place safeguards that are intended to minimize the likelihood that the STANDARD OF SERVICE is interrupted;and WHEREAS,the City finds that the most efficient and economical approach to provide said safeguards is to contract with a third-party for INSPECTIONS that will be provided on an as- needed and/or intermittent basis(hereinafter referred to as the"PROJECT");and WHEREAS, the CITY desires to engage the CONSULTANT to furnish certain professional services in connection with the PROJECT; and WHEREAS, the CONSULTANT 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 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 perform the services relating to 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 Community Development Director of the CITY or his designee, hereinafter referred to as the "DIRECTOR". B. The CONSULTANT shall provide ICC Certified/Qualified inspectors to perform building, mechanical, electrical, and energy inspections and Certified Illinois Licensed Plumbing Inspectors to perform plumbing inspections on behalf, and within the jurisdictional limits, of the CITY on an intermittent, as-requested basis by the DIRECTOR. Inspections shall include but not be limited to undergrounds, roughs, finals,water and sewer services,and electrical services. The CONSULTANT'S inspectors shall have proper inspection equipment to conduct inspections as required. Equipment shall include a clipboard, flashlight, tape measure,thermometer and other equipment as determined to provide a quality inspection. Inspectors shall also have appropriate Personal Protection Equipment (PPE). The inspector shall wear a B & F Construction Code Services, Inc. issued uniform. Each inspector shall utilize B & F Inspection forms or forms acceptable to the City of Elgin.The inspector shall utilize a B&F Construction Code Services, Inc. company vehicle to conduct inspections. C. A detailed Scope of Services,dated April 27,2020 and titled,"Professional Service Agreement Inspections", is attached hereto as Attachment A. Those services and tasks identified upon said Scope of Services shall further articulate the required services and deliverables generally described within paragraph B above. 2. SCHEDULE Work shall be performed by CONSULTANT upon the request of the DIRECTOR. 3. WORK PRODUCT -2- All work product prepared by the CONSULTANT pursuant hereto including, but not limited to, reports, plans, 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 product for its records. CONSULTANT's execution of this AGREEMENT shall constitute CONSULTANT's conveyance and assignment of all right, title and interest, including but not limited to any copyright interest, by the CONSULTANT to the CITY of all such work product prepared by the CONSULTANT pursuant to this AGREEMENT. The CITY shall have the right either on its own or through such other consultants 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 CONSULTANT. 4. PAYMENTS TO THE CONSULTANT(Not to Exceed Method) A. For services provided, the CONSULTANT shall be paid forty-five dollars ($45) per inspection with a minimum charge of two (2) inspections per day or eighty dollars ($80)per hour including travel time one way,whichever shall be the lesser amount per day, with the total fee not to exceed sixty thousand dollars ($60,000) 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 AGREEMENT executed by the parties hereto. B. The CITY shall make periodic payments to the CONSULTANT based upon actual progress within thirty (30) days after receipt and approval of invoice. Full payments for each task shall not be made until the task is completed and accepted by the DIRECTOR. 5. INVOICES A. The CONSULTANT shall submit invoices in a format approved by the CITY. Progress reports will be included with all payment requests. B. The CONSULTANT shall maintain records showing actual time devoted and cost 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 one(1)year after termination of this AGREEMENT. 6. TERMINATION OF AGREEMENT - 3 - 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 Paragraph 4 above. 7. TERM This AGREEMENT shall have a term from October 25,2023 to December 31,2024. 8. 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 fifteen (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. 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 CONSULTANT pursuant to Paragraph 4 hereof, no action shall be commenced by the CONSULTANT against the CITY for monetary damages. CONSULTANT 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 CONSULTANT 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 -4- 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, 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 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 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 The CONSULTANT shall provide,pay for, and maintain in effect during the term of this AGREEMENT the following insurance: A. Comprehensive Liability. 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 CONSULTANT shall deliver to the DIRECTOR a Certificate 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 shall include the contractual obligation assumed by the CONSULTANT under Paragraph 10 entitled"Indemnification". This insurance shall be primary and non-contributory 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. 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 bodily injury and/or property damage. 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. - 5- D. Professional Liability. The CONSULTANT shall carry 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 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. 14. NONDISCRIMINATION/AFFIRMATIVE ACTION The CONSULTANT will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, ancestry, order of protection status, familial status, marital status, physical or mental disability, military status, sexual orientation,or unfavorable discharge from military service which would not interfere with the efficient performance of the job in question. CONSULTANT shall take affirmative action to comply with the provisions of Elgin Municipal Code Section 5.02.040 and will require any subcontractor to submit to the CITY a written commitment to comply with those provisions. CONSULTANT shall distribute copies of this commitment to all persons who participate in recruitment, screening, referral and selection of job applicants and prospective subcontractors. CONSULTANT agrees that the provisions of Section 5.02.040 of the Elgin Municipal Code, 1976, as amended, is hereby incorporated by reference, as if set out verbatim. 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 race, color, religion, sex, national origin, age, ancestry, order of protection status, familial status, marital status, physical or mental disability, military status, sexual orientation, or unfavorable discharge from military service. Any violation of this paragraph 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 pail, of the AGREEMENT by the CITY. IS. 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. -6 - 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 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. 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 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. 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 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. 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 -7 - 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. 23. COOPERATION WITH OTHER CONSULTANTS The CONSULTANT shall cooperate with any other consultants in the C1TY's employ or any work associated with the PROJECT. 24. 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. 25. 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; 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 shall be provided by CONSULTANT to the Department of Human Rights upon request 775 ILCS 5/2-105. 26. SUBSTANCE ABUSE PROGRAM. As a condition of this agreement, CONSULTANT shall have in place a written substance abuse prevention program which meets or exceeds the program requirements in the Substance Abuse Prevention Public Works Project 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 - 8- this agreement. 27. 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. 28. 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 the CITY: Marc S. Mylott,AICP Director of Community Development Community Development Department City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 B. As to the CONSULTANT: Sean Fallows Director of Technical Services B & F Construction Code Services, Inc. 2420 Vantage Road Elgin,IL 60124 29. 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 CONSULTANT 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, CONSULTANT hereby certifies,represents and warrants to the CITY that all CONSULTANT'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. CONSULTANT 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 -9- control of the CONSULTANT to determine CONSULTANT's compliance with the provisions of this paragraph. In the event the CITY proceeds with such an audit the CONSULTANT shall make available to the CITY the CONSULTANT's relevant records at no cost to the CITY. CONSULTANT shall pay any and all costs associated with any such audit. 30. COUNTERPARTS AND EXECUTION This AGREEMENT may be executed in counterparts, each of which shall be an original and all of which shall constitute one and the same agreement. This AGREEMENT may be executed electronically, and any signed copy of this AGREEMENT transmitted by facsimile machine, email, or other electronic means shall be treated in all manners and respects as an original document. The signature of any party on a copy of this AGREEMENT transmitted by facsimile machine,email,or other electronic means shall be considered for these purposes an original signature and 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. CITY '• By: Richard G. Kozal,City Manager Att st• (13146_ _ ity Clerk CONSULTANT: B& F C. i ruction Code Services,Inc. *IP• By: Nam MP. and: s Title:Director of Technical Services Legal Dept\Agreement\Consultant Agr-BF Supplementary Inspections-Clean-10-25-23.docx - 10- ATTACHMENT A SCOPE OF SERVICES CONSTRUCTION CODE SERVICES, INC.pii ATTACHMENT A BUILDING & FIRE PROTECTION PLAN REVIEW SCOPE OF SERVICES 3 PAGES TRAINING • INSPECTIONS • CODE CONSULTING MI •00 Ili ,- r'• i. • /... . I f•-.4: , , ....-- -....„,......:/... . It.. -li '- 1 . , Ili /M • i ii April 27, 2020 Matt Falco, Building and Development Manager ATTACHMENT A City of Elgin SCOPE OF SERVICES 150 Dexter Court 3 PAGES Elgin, IL 60120 falco m(a�citvofelgin.orq Thank you for the opportunity to present a proposal to the City of Elgin. With over 30 years of experience, we are pleased to provide an inspection proposal. If you have any questions please give Seth Sommer a call at 847-428-7010 or email ssommerbfccs.orq Sincerely, ddiefrovouc...------ Seth Sommer Director of Quality Control & Staff Development 13& F CONSTRUCTION CODE SERVICES,INC. 2420 Vantage Roan •I I0in,IL 60124 Telephone:(847)428-7010 • Fax:(847)428-3151 ATTACHMENT A B & F Construction Code Services, Inc. SCOPE OF SERVICES City of Elgin -Inspections 3 PAGES April 27, 2020 Page 2 of 3 PROFESSIONAL SERVICE AGREEMENT Inspections Services to he provided: B& F Construction Code Services, Inc. will provide a Certified Illinois Licensed Plumbing Inspector to perform Plumbing Inspections and ICC Certified/Qualified inspectors to perform Building. Mechanical, Electrical and Energy Inspections on behalf, and within the jurisdictional limits, of the City of Elgin on an intermittent, as- requested basis. This shall include Undergrounds, Roughs, Finals, Water and Sewer Services, Electrical Services, etc. The inspectors shall have proper inspection equipment to conduct inspections as required. Equipment shall include a clipboard, flashlight, tape measure, thermometer and other equipment as determined to provide a quality inspection. Inspectors shall also have appropriate Person Protection Equipment(PPE). The inspector shall wear a B & F Construction Code Services, Inc. issued uniform. Each inspector shall utilize B & F Inspection forms or forms acceptable to the City of Elgin. The inspector shall utilize a B & F Construction Code Services, Inc. company vehicle to conduct inspections. Inspection reports shall be dropped off in person or emailed within one (1) business day. The inspection schedule shall be as follows: The inspector will be available Monday thru Friday (excluding holidays) between the hours of 8:00 a.m. and 4:00 p.m. This may be modified and/or extended as agreed upon by both parties. Inspections shall be scheduled via phone (847) 428-7010 or email to our office no later than 4:00 p.m. the day before the inspection is to be conducted. The email address to send requests to is inspectionrequests(bfccs.orq. On occasion, inspections may be sent by 8 a.m. the morning of. We will do our best to uphold the predetermined inspection timeframe for these same-day requests. Per Day Inspection Pricing: Either $45 per each inspection with a minimum charge of two (2) inspections per day, or $80 per hour plus travel time one way, whichever shall be the lesser amount per day. The terms, conditions, and pricing of this Professional Service Agreement shall be valid for a period of one (1) year from the date of acceptance by the City of Elgin. All B & F Construction Code Services, Inc. employees are covered by the following: A. Workers Compensation Insurance: B. General Liability Insurance; and C. Professional Liability Insurance. A Certificate of Insurance can be provided by request. I ' li&F CONSTRII(TION['ODE SERVICES,INC. 2420 Vantage Road •Elgin.IL 60124 Telephone:(847)428-7010 • Fax:(847)428-3151 ATTACHMENT A B & F Construction Code Services, Inc. SCOPE OF SERVICES City of Elgin -Inspections April 27, 2020 3 PAGES Page 3 of 3 The City of Elgin shall agree not to attempt to hire any of B & F Construction Code Services, Inc. officers, employees, agents, or consultants for a period of one (1) year after the individual is no longer employed by B & F Construction Code Services, Inc. All invoices will be directed to the following: Matt Falco Building and Development Manager City of Elgin 150 Dexter Court Elgin, IL 60120 (847) 931-5926 office falco mAcityofelgin.orq City of Elgin: Accepted By Please Print Name Title Date B & F Construction Code Services, Inc. Accepted By Please Print Name Title Date B& N'CONSTRUCTION CODE SERVICES,INC. 2420 Vantage Road •Elgin.IL 60124 Telephone:(847)428-7010 • Fax:(847)428-3151