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03-139 Resolution No. 03-139 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH RATHS, BATHS & JOHNSON FOR ROOF CONSULTING SERVICES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David M. Dorgan, 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 Raths, Raths & Johnson for roof consulting services, a copy of which is attached hereto and made a part hereof by reference . s/Ed Schock Ed Schock, Mayor Presented: May 28, 2003 Adopted: May 28, 2003 Omnibus Vote : Yeas : 6 Nays : 0 Attest : s/Dolonna Mecum Dolonna Mecum, City Clerk AGREEMENT THIS AGREEMENT, made and entered into this 21°-day of May, 2003, by and between the CITY OF ELGIN, an Illinois municipal corporation(hereinafter referred to as "CITY") and Raths, Raths& Johnson, an Illinois corporation(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 as listed in attachment A (hereinafter referred to as the "PROJECT"). AND WHEREAS,the Consultant represents that he 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 act for and represent it in all Consulting matters involved in the PROJECT, subject to the following terms and conditions and stipulations,to-wit: I. 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 is attached hereto as Attachment A. II. ITEMS NOT INCLUDED IN SCOPE OF WORK A.Reimbursable Items: Not to exceed$500 Asbestos testing: $50/test Additional Printing: cost+ 5% III. 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. IV.WORK PRODUCTS All work products prepared by the Consultant pursuant hereto including,but not limited too, reports, designs, calculations, work drawings, studies,photographs, models an 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. V. PAYMENTS TO THE Consultant A. The CITY shall reimburse the Consultant for services under this Agreement a sum not to exceed $37,479,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 Attachment "A". B. The CITY shall make periodic payments to the Consultant based upon actual progress within 30 days after receipt and approval of 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. VI.INVOICES A. The Consultant shall submit invoices in a format approved by the CITY. Progress reports (III B 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. VII. 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 IV above. VIII. 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 Article V, 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. IX. 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. X. 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. XI 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, attorney's 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. XII. 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. XIII. 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$2,000,000 aggregate for bodily injury and $2,000,000 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 which shall include Contractual obligation assumed by the Consultant under Article X 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 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 $2,000,000 per occurrence subject to a$2,000,000 aggregate. D. Professional Liability. The Consultant shall carry Consultant's Professional Liability Insurance Covering claims resulting from error, omissions or negligent acts with a combined single limit of not less than $2,000,000 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. XIV. 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. XV. 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. XVI. 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. XVII. 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. XVIII.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. XIX. 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. XX. 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. XXI. 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. XXII. 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. XXIII.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. XXIV.COOPERATION WITH OTHER CONSULTANTS The Consultant shall cooperate with any other consultants in the CITY's employ or any work associated with the PROJECT. XXV. 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. XXVI.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 must be provided to the Department of Human Rights upon request 775 ILCS 5/2-105. XXVII. 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. XXVIII. 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: Bill Early Raths, Raths, &Johnson, Inc. 835 Midway Drive Willowbrook, IL. 60527-5591 IN WITNESS WHEREOF, the undersigned have placed their hands and seals upon and executed this Agreement in triplicate as though each copy hereof was an original and that there are no other oral agreements that have not been reduced to writing in this statement. For the CITY: ATTEST: THE CITY OF ELGIN By By Aav-e:e.b-/ City Clerk City Manager (SEAL) For the Consultant: Dated this 21 qday of May, A.D., 2003. ATTEST: '�, By I � ,,:.� By // Secretary V j ce-Presto- (SEAL) ATTACHMENT "A" I. SCOPE OF SERVICES AND PAYMENT SCHEDULE For the two roofs being replaced the consultant will provide all services necessary to evaluate existing conditions, prepare all necessary drawings, construction documents, bidding documents(20 copies are to be included in base fee), a construction cost estimate, review bids and prepare contracts for construction. The consulting firm will review all requested shop drawings, answer questions from contractors, provide construction monitoring to check work progress and compliance which construction specifications, and prepare a final inspection and punch list for the roofs being replaced. The consultant shall provide condition evaluations of additional roofs as listed below and prepare a report on the condition of the roofing and related structures and materials. Each report will include a drawing, photos of defects, recommended short term and long term (5-10 years) repair or replacement schedules, and estimated costs for repairs or replacement. All inspections and a preliminary report of short term repair and replacement needs including costs should be completed no later than July 31, 2003 to provide information for the preparation of the 2004 budget. Final reports should be completed no later than October 31, 2003. Roofs to be Included for Replacement Fire Station# 2 - 650 Big Timber Road Fire Museum - 533 St. Charles Street Additional roofs to be inspected and condition reports prepared Description Location Roof Type ELK AND BUFFALO SHELTER- LORDS PARK ZOO 100 OAKWOOD DR. Shingle ZOO STORAGE BUILDING - LORDS PARK ZOO 100 OAKWOOD DR. Shingle LORDS PARK ZOO BARN # 2 100 OAKWOOD DR. Shingle LORDS PARK ZOO DEER SHELTER 100 OAKWOOD DR. Shingle LORDS PARK RESTROOM/STORAGE BUILDING 100 OAKWOOD DR. Shingle LORDS PARK MAINT. BUILDING 100 OAKWOOD DR. metal ZOO BARN # 1 - LORDS PARK ZOO 100 OAKWOOD DR. Shingle LORDS PARK PAVILION 100 OAKWOOD DRIVE Shingle WING PARK BARN 1010 WING ST. Shingle WING PARK MAINT BUILDING 1010 WING ST. built up W.P. POOL PUMP BUILDING (WATER FEATURES) 1010 WING ST. Shingle W.P. BAND SHELL\ 1010 WING ST. Shingle W.P. RESTROOM - PLAYGROUND 1010 WING ST. Shingle W.P. POOL BATH HOUSE 1010 WING ST. Shingle W.P. GOLF MAINT. BUILDING 1010 WING ST. Shingle W.P. GOLF SPRINKLER BUILDING 1010 WING ST. Shingle W.P. PICNIC SHELTER # 2 1010 WING ST. Shingle W.P. SHELTER # 1 1010 WING ST. Shingle W.P. GOLF CLUBHOUSE 1010 WING ST. Shingle W.P. POOL FILTER BUILDING 1010 WING ST. Shingle WING PARK RESTROOM/STORAGE BALL FIELDS 1010 WING ST. Shingle HEMMENS AUDITORIUM 150 DEXTER CT. built up CITY HALL COMPLEX 150 DEXTER CT. built up POLICE FACILITY 151 DOUGLAS AVE epdm P.W. BUILDING(NEW) 1600 HOLMES ROAD epdm WRIGHT PARK SHELTER Shingle GROUCH PARK PICNIC SHELTER Shingle SPARTAN MEADOWS CLUBHOUSE 1969 SPARTAN DR. built up SLADE AVE WATER PLANT 2 SLADE AVE. epdm/built up SPRING STREET PARKING DECK 200 E. CHICAGO ST. built up LORDS PARK PICNIC SHELTER 225 GRAND BLVD. Shingle ELGIN PUBLIC MUSEUM 225 GRAND BLVD. Clay Tile STORAGE SHED - FIRE STA # 3 2455 ROYAL BLVD Shingle FIRE STATION # 3 2455 ROYAL BLVD epdm/shingle ST. FRANCIS PARK SHELTER 277 JEFFERSON AVE Shingle PARKS OFFICE - FORMER WOOLWORTH BLDG. 31 SOUTH GROVE built up L.P. POOL PUMP BUILDING (WATER FEATURES) 325 HIAWATHA DRIVE Shingle L.P. POOL FILTER BUILDING 325 HIAWATHA DRIVE Shingle L.P. POOL BATH HOUSE 325 HIAWATHA DRIVE Shingle 326 E. CHICAGO ST. RESIDENT OFFICER HOUS 326 E. CHICAGO ST Shingle BOYS AND GIRLS CLUB 355 DUNDEE AVE Shingle GIFFORD PARK SHELTER 355 DUPAGE Shingle OLD MAIN BUILDING 360 PARK ST. wood shingle FIRE MUSEUM 533 ST CHARLES Shingle STORAGE SHED STATION # 1 550 SUMMIT ST. Shingle FIRE STATION # 1 550 SUMMIT ST. epdm T.P. EAST PICNIC SHELTER 576 TROUT PARK BLVD Shingle T.P. CONCESSION/RESTROOM 576 TROUT PARK BLVD Modified T.P. WEST PICNIC SHELTER 576 TROUT PARK BLVD Shingle FIRE STATION # 4 - MCLEAN BLVD. 599 S. MCLEAN BLVD epdm/shingle S.C. CONCESSION/RESTROOM BY SOFTBALL 601 S. MCLEAN - SPORTS COMPLEX Shingle POLE BARN BY SOFTBALL FIELDS 601 S. MCLEAN - SPORTS COMPLEX metal S.C. STORAGE SHED BY SOFT BALL FIELD 601 S. MCLEAN - SPORTS COMPLEX Shingle S.C. SOCCER FIELD RESTROOM BUILDING 601 S. MCLEAN - SPORTS COMPLEX Shingle S.C. EAST TOWER SB 601 S. MCLEAN - SPORTS COMPLEX Shingle S.C. SPRINKLER BUILDING SB 601 S. MCLEAN - SPORTS COMPLEX Shingle S.C. PICNIC SHELTER SB 601 S. MCLEAN - SPORTS COMPLEX Shingle S.C. WEST TOWER 601 S. MCLEAN - SPORTS COMPLEX Shingle MAINT. BUILDING SB 601 S. MCLEAN - SPORTS COMPLEX Shingle STATION # 2 ROOF SIMULATOR 650 BIG TIMBER ROAD Shingle FIRE STATION # 2 650 BIG TIMBER ROAD built up FIRE STATION TRAINING TOWER 650 BIG TIMBER ROAD epdm/shingle STORAGE SHED STA #2 650 BIG TIMBER ROAD Shingle DRAKE FIELD STORAGE BUILDING 701 HASTINGS ST. Shingle DRAKE FIELD THEATER BUILDING 701 HASTINGS ST. Shingle AIRLITE TRANSMITTER BUILDING 74 N. AIRLITE built up PUMP BUILDING BEHIND AIRUTE WATER PLANT 74 N. AIRLITE built up AIRLITE WATER TREATMENT PLANT 74 N. AIRLITE built up FIRE STATION # 5 804 VILLA ST. epdm/shingle STORAGE SHED - FIRE STA # 5 804 VILLA ST. Shingle BLUFF CITY CEMETERY 945 BLUFF CITY BLVD. built up , • 'SERVICE FEES INCLUDE IN CONTRACT Roof design and bidding services $5625 Construction Quality assurance services $5774 Monitoring report $750 Roof condition evaluations - 71 structures $25,330 Total $37,479 ADDITIONAL SERVICES Any additional services requested and agreed to by The City of Elgin will be conducted at the following hourly rate: Project Manager $110/hour Project Roof Observer $50/hour C OF E�Ci Agenda Item No. % " City of Elgin 0. �areoEE�'~ E L ' �� . 1 p OP May 9, 2003 G Lsuis Oil 100 1' 61111 d11 N uGll 3rj 041 TO: Mayor and Members of the City Council FINANCIALLY STABLE CITYGOVERNMENT EFFICIENT SERVICES, AND QUALITY INFRASTRUCTURE FROM: David M. Dorgan, City Manager WA Rich Hoke, Building Maintenance Superintendent SUBJECT: Roof Consulting Service Contract PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to award a contract for Roof Consulting services . BACKGROUND During the 2003 budget process, two roofs, Fire Station #2 and the Fire Museum, were identified for replacement . Funding was also budgeted to provide for roof condition evaluations for 71 other city owned structures . The evaluations are intended to help prioritize future roof repair, maintenance, and replacement, to prevent roof failures, and provide short and long term budget information. Requests for proposals were sent out to several firms specializing in roof consulting. The consulting firm will provide specifications, bid documents, bid review, construction monitoring, and final inspections for the two roof replacement projects . The consultant will also provide roof condition evaluations for 70 additional City owned structures . Two proposals were received from Raths, Raths, and Johnson, Inc . and Illinois Roof Consulting Assoc . Inc . The committee reviewed the two proposals and determined that Raths, Raths, and Johnson, Inc. was the most qualified firm to perform these services . Raths, Raths, and Johnson, Inc . has successfully completed work for the City of Elgin in the past . v t Roof Consulting Service Contract May 9, 2003 Page 2 GROUPS/INTERESTED PERSONS CONTACTED None. Ofik''FINANCIAL IMPACT The cost of the contract with Raths, Raths, and Johnson will total $37, 979 . There are sufficient funds ($250 , 000) budgeted and available in the Riverboat Fund, account number 275-0000- 791 . 92-36 (Buildings and Structures) project number 379544 (2003 Roof Repairs) . P411/A EGAL IMPACT None. ALTERNATIVES 1 . Award a contract for the full project to Raths, Raths, and Johnson, Inc . 2 . Reduce the scope of work and not complete all of the roofs which would prevent proper maintenance and repairs from being completed in a timely manor and shorten the overall life of the roof . 3 . Not award the contract and postpone the roof replacements which may result in significant water damage to the building structure and contents. RECOMMENDATION It is recommended that the City Council approve a contract for roof consulting services with Raths, Raths, and Johnson, Inc . for a total amount not to exceed $37, 979 . Respectfully submitted for Council consideration RH r