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05-246 Resolution No. 05-246 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH RATHS,RATHS AND JOHNSON, INC. REGARDING THE 2005 ROOF REPLACEMENT PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Olufemi Folarin,City Manager,and Dolonna Mecum,City Clerk,be and are hereby authorized and directed to execute an Agreement with Raths,Raths and Johnson,Inc.,on behalf of the City of Elgin regarding the 2005 roof replacement project, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: August 10, 2005 Adopted: August 10, 2005 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk AGREEMENT THIS AGREEMENT, made and entered into this_Imyelay of Ar u C Usr, 2005, by and between the CITY OF ELGIN, an Illinois municipal corporation(herei7rhfter 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. Detailed Scope: 1. Design phase- Roof inspection and verification of existing conditions, design of new roofing systems or repairs, preparation of bid documents including necessary drawings, pre-bid meeting with potential bidders, review of bids, review scope of work with low bidder,verify bidders qualifications, prepare letter of recommendation for the lowest qualified bidder, and prepare contracts for roof replacement work for the following buildings: Fire Station #1, Old Main Museum,the Riverside Water Plant,the Gifford Park Shelter, and the skylights at the Slade Avenue Water Plant: Total Fees and Expenses, $7,875. 2.Construction Phase- Services including a pre-construction meetings, review of submittals,job start site visits, intermediate site visits, punchlist examinations at Substantial Completion,and a summary letter report for each project at Fire Station #1, Old Main Museum,the Riverside Water Plant,the Gifford Park Shelter,and the skylights at the Slade Avenue Water Plant: Total Fees and Expenses, $10,900. 3.Roof Condition Evaluations-on The Centre, Hawthorn Hills Nature Center, and Fire Station #6 to establish a baseline condition and establish if any defects currently exist: Total Fees and Expenses, $1,548. 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 $20,323.00 for work relating to 2005 projects, 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 • . . . -. . - - - • : . . - . .. . .. .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: ` v 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 WWVBY By _ �. _ City Clerk Cit s Manal-r (SEAL) For the Consultant: Dated this tis day of J , A.D., 2005. • ATTEST: ,io , By By �� i� 44Par.etary V/ C e•P-cSid President (SEAL) • `0OFBtCi 0 tit0 et Item No. G' ; City 9 ' 4TED 4E@' E f t it L K'' ' 110 July 22, 2005G sem,. dr! I1 TO: Mayor and Members of the Cityr y Council N L / FROM: Olufemi Folarin, City Manager/ /h,c FINANCIALLY STABLE CITY GOVERNMENT EFFICIENT SERVICES. AND QUALITY INFRASTRUCTURE Rich Hoke, Building Maintenance Superintendent SUBJECT: Roof Consulting Service Contract for 2005 PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider entering into an agreement with Raths, Raths, and Johnson, Inc. for roof consulting services. RECOMMENDATION rib' It is recommended that the City Council authorize the City Manager to execute an agreement with Raths, Raths, and Johnson in the amount of$20,323 for the 2005 roof replacement project. BACKGROUND In the long range planning for roofs on the City of Elgin buildings, several projects have been identified and those scheduled for 2005 were budgeted. Items scheduled for 2006 and 2007 have also been identified. A request for proposals was prepared by City staff. Several area architectural and consulting firms were solicited and an advertisement was placed in the April 18, 2005, Courier News. Three proposals were received. The firms that submitted proposals are Berna Architects and Design, FGM Architects Engineers, Inc., and Raths, Raths, and Johnson, Inc. After a review by staff of the proposals submitted, Raths, Raths, and Johnson was selected as the most qualified firm for the project. Upon selection, the fees for all three firms were reviewed; Raths, Raths, and Johnson offered the lowest fees for comparable work and was the only firm to provide a complete fee structure as requested in the RFP. Raths, Raths, and Johnson met with staff to finalize the scope of the project and negotiate the final fee. The scope of work includes bid preparation, bid review, construction management and final inspections. Proposals were evaluated based upon work to be completed in 2005 and also for work anticipated in 2006 and 2007. The work in 2006 and 2007 \ . rRFP for Roof Consulting Services 2005 July 22, 2005 Page 2 will be added by amendment at a later date and would be subject to the approval of funding in the 2006 and 2007 budgets. In 2006, the scope would also include the inspection of 75 roofs on City buildings and update of the long range planning document for roofs. A copy of the proposed agreement is attached. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None OFINANCIAL IMPACT The agreement with Raths, Raths, and Johnson, Inc. will total $20,323.00 in 2005. Adequate funds are budgeted ($175,000) and available ($170,891) in the Riverboat Fund, account number 275-0000-791.93-36, "Major Repairs/Buildings and Structures", project number 039629, "Roof Repairs 2005" and in the Water Operating Fund, account number 401-4002-771.93-36, "Major Repairs/Buildings and Structures," project number 409662 in the amount of$156,000 (budgeted and available), for the portion of the project relating to the Riverside Water Plant. The work in 2006 and 2007 would be subject to the approval of funding in the 2006 and 2007 budgets. (111.6\J\ EGAL IMPACT None ALTERNATIVES 1. Approve the consulting services agreement with Raths, Raths, and Johnson, Inc. 2. Do not approve the consulting services agreement with Raths, Raths, and Johnson, Inc. Respectfully submitted for Council consideration. RH Attachment r