01-69 Resolution No. 01-69
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
ILLINOIS ROOF CONSULTING, INC.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Joyce A. Parker, City Manager, and Dolonna Mecum,
City Clerk, be and are hereby authorized and directed to execute
an agreement on behalf of the City of Elgin with Illinois Roof
Consulting, Inc . for the preparation of specifications and bid
documents for roof repair of various city owned buildings, a copy
of which is attached hereto and made a part hereof by reference .
s/ John Walters
John Walters, Mayor Pro Tem
Presented: March 28 , 2001
Adopted: March 28, 2001
Omnibus Vote : Yeas 5 Nays : 0
Attest :
s/ Suellyn Losch
Suellyn Losch, Deputy City Clerk
AGREEMENT
THIS AGREEMENT, made and entered into this day of
/112('L , 2001, by and between the CITY OF ELGIN, an Illinois
municipal corporation (hereinafter referred to as "CITY" ) and
Illinois Roof Consulting, Inc . , of McHenry, Illinois, a
corporation organized under the laws of the State of Illinois
(hereinafter referred to as "CONSULTANT" ) .
WHEREAS, the CITY desires to engage the CONSULTANT to
furnish certain professional services in relation to
preparation of specifications and bid documents for roof
repair, replacement and inspection of various City owned
buildings (hereinafter referred to as the "PROJECT" ) .
AND
WHEREAS, the CONSULTANT represents that it is in
compliance with Illinois Statutes relating to professional
registration of individuals employed by it and it 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 engineering
matters involved in the PROJECT, 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 Building Maintenance Superintendent
of the CITY, herein after referred to as the
"DIRECTOR" .
B. A detailed Scope of Services to be performed by the
CONSULTANT is attached hereto as Attachment A.
2 . PROGRESS REPORTS
A. Progress will be recorded on the Project Schedule
and submitted monthly as a component of the Status
Report described in 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 .
3 . 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.
4 . PAYMENTS TO THE CONSULTANT
A. The CITY shall reimburse the CONSULTANT for services
under this Agreement a lump sum of TWELVE THOUSAND
THREE HUNDRED SEVENTY DOLLARS and NO/100THS
($12 , 370 . 00) , 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 this Section 4 .
B. Additional Costs : Only amounts for printing,
plotting, reproduction, postage and delivery charges
will be billed at cost, plus 10%, not to exceed a
total of $500 . 00 .
C. Core Cuts and Asbestos Sampling:
1 . All core cuts which have been approved by the
DIRECTOR shall be billed at $50 per extraction. The
CITY shall not be liable for any core cuts not so
approved.
2 . All asbestos testing of core cut extractions
which have been approved by the DIRECTOR shall be
billed at $85 per test . The CITY shall not be
liable for any asbestos testing not so approved.
In any event the amounts billed for core-cutting or
asbestos testing shall not exceed $1, 350 .
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D. Quality Control Inspections :
1 . Quality Control Inspections shall be made on an
as needed basis as determined solely by the DIRECTOR.
2 . When authorized by the DIRECTOR, CONSULTANT
shall be compensated at the following rates for the
following personnel, and costs . In no event,
however, shall CONSULTANT be compensated for the
services described in this section in any amount
exceeding $4 , 500 .
a. Project Manager $85/hour, including travel
time from CONSULTANT ' S office location to return to
CONSULTANT' S office.
b. Project Coordinator $55/hour, including
travel time from CONSULTANT' S office location to
return to CONSULTANT' S office.
c . Mileage for the above-referred travel shall
be compensated at $ . 345/mile . All costs incurred
by CONSULTANT performing the function described in
Section 4D shall be reimbursed to the CONSULTANT at
actual cost if the DIRECTOR approves of said cost .
If the cost is not so approved, CONSULTANT shall be
liable for any unauthorized cost incurred.
E. The CITY shall make periodic payments to the
Consultant based upon actual progress within thirty
(30) days after receipt and approval of the 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.
5. INVOICES
A The CONSULTANT shall submit invoices in a format
approved by the CITY. Progress reports (5E above)
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 a year after termination of this Agreement .
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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 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 become effective as of the date the
CONSULTANT is given a notice to proceed and, unless
terminated for cause or pursuant to Section 6, 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 .
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 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 .
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10 . 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, 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.
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 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
$1, 000, 000 aggregate for bodily injury and
$1, 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 Section 11 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,
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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 $1, 000, 000 per occurrence subject to a
$1, 000 , 000 aggregate .
D. Professional Liability. The CONSULTANT 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 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
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
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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 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
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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
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 CITY' 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;
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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 must be provided to the
Department of Human Rights upon request 775 ILCS 5/2-105 .
26 . 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.
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 CONSULTANT:
WILLIAM B. EARLY
Illinois Roof Consulting Assoc . Inc .
4302-G Crystal Lake Road
McHenry, Illinois 60050
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IN WITNESS WHEREOF, the parties hereto have entered into
and executed this Agreement on the date and year first written
above .
For the CITY:
ATTEST: CITY OF ELGIN
M
// �` ,�
By � By/� �--G��L-.--
City Clerk C Ay 1rnager
For the CONSULTANT:
ATTEST: ILLINOIS ROOF CONSULTING,
LBy By
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ATTACHMENT "A"
I . ROOF CONDITION EVALUATION
A. Location:
1 . City Hall .
2 . Police Facility.
3 . Hemmens Auditorium.
4 . Spartan Golf Clubhouse .
5 . Fire Station #1 .
6 . Fire Station #2 .
7 . Fire Station #3 .
8 . Fire Station #4 .
9 . Fire Station $5 .
10 . Bluff City Cemetery.
11 . Slade Avenue Water Plant .
12 . Riverside Water Plant .
13 . Riverside Water Plant Outbuildings .
B. Visual Examination:
1 . Roof fields and surfacing.
2 . Flashings and sheet metal .
3 . Drainage .
4 . Roof top equipment and penetration flashings .
5 . Associated masonry.
6 . No roof core cutting or removal .
7 . No asbestos sampling or testing.
C. Findings :
1 . Conditions or systems ' components .
2 . Anomalies .
3 . Functioning/dysfunctioning of existing systems .
D. Evaluation:
1 . Maintenance and repair recommendations .
2 . Replacement recommendations .
3 . Budget projections .
II . CONSTRUCTION PROJECT SERVICES
1 . DESIGN PHASE AND BIDDING PHASE
A. Locations :
1 . Wing Park, picnic shelter.
2 . Wing Park, maintenance building.
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3 . Sports Complex, softball maintenance building.
4 . Sports Complex, towers (2) .
5 . Sports Complex, softball restroom building.
6 . Lords Park, deer shelter.
7 . Lords Park, zoo barn #1 .
8 . Lords Park, zoo barn #2 .
9 . Trout Park, west picnic shelter.
10 . Drake Field, storage building.
11 . Drake Field, theatre building.
12 . Grolich Park, picnic shelter.
13 . Crystal Street Garage .
14 . Trout Park, concession building (repair) .
15 . Hemmens Auditorium (repair) .
16 . Fire Station #5 (repair) .
B. Review of existing plans and specifications .
C. Roofing project manual design, production and
distribution.
D. Bidding coordination including one meeting with
Building Maintenance, a pre-bid site meeting and
verification of low bids .
E. Attendance at bid opening.
F. Assistance in executing the contract documents .
G. Conducting a preconstruction meeting.
2 . CONSTRUCTION PHASE.
A. Review of submittals, pay requests, and latent
condition claims .
B. Routine final examinations of roofing upon
completion.
C. Letter report summarizing observations/punch lists .
III . FEE SCHEDULE
A. Roof Condition Evaluation: $ 3 , 850 .
B. Design and Bidding Phases : $ 5, 450 .
C. Construction Phase : $ 2, 070 .
Total for All Services in Attachment A: $13 , 750 .
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< OF e<
Agenda Item No.
City of Elgin
r-4,4TED,t.o
March 14 , 2001
TO: Mayor and Member of the City Council
FROM: Joyce A. Parker, City Manager
SUBJECT : Professional Services for Roof Repair Specifications
PURPOSE
The purpose of this memorandum is to provide the Mayor and the
Members of the City Council with information to award a-
Professional services contract for roof surveys and preparation of
bid specifications for repairs and replacement of various roofs on
City owned buildings .
BACKGROUND
rik
During the past year several roofs were identified for repairs or
replacement . The professional services contract with the roof
consulting firm shall provide for the preparation of specifications
and bid documents and provide limited quality control inspections
during the roofing construction on 16 City owned structures . The
contract shall also provide for the inspection and condition
reports for thirteen additional roofs .
Request for proposals were sent out to twelve area firms . Two
proposals were received from Illinois Roof Consulting Assoc . , Inc
of McHenry, IL. and Professional Service Industries, Inc . of
Hillside, IL. After review of the proposals from both firms, it was
determined that both were equally qualified to provide the services
requested. Because both firms seem equally capable of performing
the job, part "B" of the proposal relating to costs was used as
part of the evaluation. The costs from Illinois Roof Consulting
Inc . were lower for all services . Illinois Roof Consulting has also
performed this type of work successfully for the City of Elgin
several times in recent years . We are therefore recommending
Illinois Roof Consulting, Inc . for the project . A copy of the
proposed contract including scope of work is attached for your
review.
V
Roof Repair Specifications
March 14 , 2001
41,
Page 2
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None .
1yJINANCIAL, IMPACT
T
Fundingtotaling is available for this
$187 , 500project (consulting
and repair) in the 2001 Budget . Account number 275-0000-791 . 92-36 ,
project number 379523 will be charged.
W49L/ LEGAL IMPACT
None .
ALTERNATIVES
None .
RECOMMENDATION
It is recommended that the Mayor and the City Council Award a
professional services contract to Illinois Roof Consulting 47)
Associates, Inc . for a cost not to exceed $17 , 370 .
Respectfully submitted,
Joyce Al Parker
City Manager
Attachment