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06-117 Resolution No.06-117 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH LAMP INC. FOR CONSTRUCTION MANAGEMENT SERVICES FOR FIRE STATION 7 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 on behalf of the City of Elgin with Lamp, Inc. for construction management services for Fire Station 7,a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: May 24, 2006 Adopted: May 24, 2006 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk AGREEMENT THIS AGREEMENT, made and entered into this 281" day of April, 2006, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY") and LAMP INC. an Illinois corporation, (hereinafter referred to as the "CONSTRUCTION MANAGER"). WHEREAS, the City owns the property at FIRE STATION 7 LOCATION, Elgin, Kane County, Illinois (hereinafter referred to as the "Subject Property); and WHEREAS, the City desires to construct a fire station as more particularly described in the City's Request for Proposals for Construction Manager for FIRE STATION 7 issued FEBRUARY 9, 2006, and as subsequently amended (such construction of the fire station on the Subject Property is hereinafter referred to as the"Project") ; and WHEREAS, the City desires to engage the CONSTRUCTION MANAGER to furnish certain construction management services in connection with the Project; and WHEREAS, the CONSTRUCTION MANAGER represents that it is in compliance with Illinois statutes relating to professional registration and qualifications of individuals to perform such construction manager services, as may be required from time to time, and has the necessary expertise and the experience to furnish such construction manager services upon the terms and conditions as set forth hereinbelow. NOW, THEREFORE, it is hereby agreed by and between the CITY and the CONSTRUCTION MANAGER that the CITY does hereby retain the CONSTRUCTION MANAGER to act for and represent it in the construction management services relating to the Project as set forth herein subject to the following terms and conditions and stipulations: 1. SCOPE OF SERVICES A. All work hereunder shall be performed under the direction of the Fire Chief of the CITY, herein after referred to as the "Chief'. B. The CONSTRUCTION MANAGER shall act as the CONSTRUCTION MANAGER for the Project for the CITY and shall provide to the CITY the services for the Project as described in Exhibit A attached hereto. 2. PROGRESS REPORTS A. A detailed project schedule for the Project is attached here to and incorporated herein as Exhibit B to this agreement. Progress will be recorded on the project schedule and submitted monthly as a component of the Status Report described in B. below. B. The CONSTRUCTION MANAGER will submit to the Chief 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 CONSTRUCTION MANAGER 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 CHIEF provided, however, that the CONSTRUCTION MANAGER 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 CONSTRUCTION MANAGER. 4. PAYMENTS TO THE CONSTRUCTION MANAGER A. For services provided, the CONSTRUCTION MANAGER shall be reimbursed the sum of$360,550.00 of all costs of construction management for the Project, broken down as follows and detailed in the March 1, 2006 cost proposal attached hereto as Exhibit C and incorporated by reference herein: Preconstruction Services: $20,000 General Conditions: $203,600 Construction Services: $136,950 Said sum is the total cost to the CITY of all elements of the Project designed or specified by the architect, provided, however, the fee to the CONSTRUCTION MANAGER shall in no event exceed the sum of $360,550.00 unless substantial modifications to the Scope of Work are authorized in writing by the CITY. This fee to the CONSTRUCTION MANAGER is to include all services described in Exhibit A, "Scope of Services to be Provided", and includes the cost of site supervisor, project manager, contract administrator, temporary office in the building, temporary construction office telephone, survey/layout, site safety and project photographs, and includes any subcontractors engaged by the CONSTRUCTION MANAGER. B. Reimbursable expenses incurred by the CONSTRUCTION MANAGER, such as the cost of plan reproduction, will be billed separately to the CITY and passed along with no mark up. C. The CITY shall make periodic payments to the CONSTRUCTION MANAGER based upon actual progress within thirty (30) days after receipt and approval of an invoice by the Chief. 5. INVOICES A. The CONSTRUCTION MANAGER shall submit invoices in a format approved by the CITY. Progress reports (2B above) will be included with all payment requests. B. The CONSTRUCTION MANAGER shall maintain usual and customary records showing the time and services performed and costs incurred. The CONSTRUCTION MANAGER shall permit the authorized representative of the CITY to inspect and audit all data and records of the CONSTRUCTION MANAGER for work done under this Agreement. The CONSTRUCTION MANAGER shall make these records available at reasonable times during the Agreement period, and for a year after termination of this Agreement. 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 CONSTRUCTION MANAGER. In the event that this Agreement is so terminated, the CONSTRUCTION MANAGER shall be paid for services actually performed and reimbursable expenses actually incurred prior to termination, except that reimbursement shall not exceed the amount set forth under Paragraph 4 above. If the Project is abandoned by the CITY for more than ninety (90) consecutive days or if the CITY fails to make payments to the CONSTRUCTION MANAGER within thirty (30) days after the time required, then the CONSTRUCTION MANAGER may terminate this agreement upon written notice to the CITY. 7. TERM This Agreement shall become effective as of the date the CONSTRUCTION MANAGER is given a notice to proceed and, unless terminated for cause or pursuant to Section 6, shall be deemed concluded on the date that all of the CONSTRUCTION MANAGER's work required 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 CONSTRUCTION MANAGER wishes to make a claim for additional compensation• as a result of action taken by the CITY, the CONSTRUCTION MANAGER 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 CONSTRUCTION MANAGER's fee shall be valid only to the extent that such changes are included in writing signed by the CITY and the CONSTRUCTION MANAGER. Regardless of the decision of the CHIEF relative to a claim submitted by the CONSTRUCTION MANAGER, all work required under this Agreement as determined by the CHIEF 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. 10. INDEMNIFICATION To the fullest extent permitted by law, CONSTRUCTION MANAGER 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 CONSTRUCTION MANAGER in connection herewith, including negligence or omissions of employees or agents of the CONSTRUCTION MANAGER arising out of the performance of this Agreement. In the event of any action against the City, its officers, employees, agents, boards and 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 completion, expiration 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 A. Comprehensive Liability. The CONSTRUCTION MANAGER shall provide, pay for and maintain in effect, during the term of this Agreement, a policy of comprehensive general liability insurance written in occurrence form with limits of at least $1,000,000 aggregate for bodily injury and $1,000,000 aggregate for property damage. The CONSTRUCTION MANAGER shall deliver to the Purchasing 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 Purchasing Director. The Certificate of Insurance shall include the contractual obligation assumed by the CONSTRUCTION MANAGER under Article 10 entitled "Indemnification." 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 written in occurrence form 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. 13. 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. 14. 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. 15. DELEGATIONS AND SUBCONTRACTORS Any assignment, delegation or subcontracting shall be subject to all the terms, conditions and other provisions of this Agreement and the CONSTRUCTION MANAGER shall remain liable to the CITY with respect to each and every item, condition and other provision hereof to the same extent that the CONSTRUCTION MANAGER 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. 16. 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. 17. 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. 18. 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. 19. 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. 20. 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. 21. NEWS RELEASES The CONSTRUCTION MANAGER may not issue any news releases without prior approval from the CHIEF, nor will the CONSTRUCTION MANAGER make public proposals developed under this Agreement without prior written approval from the CHIEF prior to said documentation becoming matters of public record. 22. COOPERATION WITH OTHER CONSULTANTS The CONSTRUCTION MANAGER shall cooperate with any other consultants in the CITY's employ or any work associated with the PROJECT. 23. INTERFERENCE WITH PUBLIC CONTRACTING The CONSTRUCTION MANAGER 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. 24. SEXUAL HARASSMENT As a condition of this contract, the CONSTRUCTION MANAGER 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. 25. WRITTEN COMMUNICATIONS All recommendations and other communications by the CONSTRUCTION MANAGER to the CHIEF and to other participants which may affect cost or time of completion, shall be made or confirmed in writing. The CHIEF may also require other recommendations and communications by the CONSTRUCTION MANAGER be made or confirmed in writing. 26. 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: Chief Mike Falese City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 B. As to CONSTRUCTION MANAGER: Ian C. Lamp Lamp Incorporated 460 N Grove Ave Elgin IL 60120 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: FOR THE ONSTRUCTI MANAGER: By: -- e� �-, By: City Manag Ian amp, VP Ma eting & Sa s Attest: 64U'x k-9—e�� City Clerk Exhibit A Lamp Incorporated shall provide all services necessary to meet the goals and objectives of the project. The services shall as a minimum include, but not be limited to, the services outlined below. Task 1: Project Scheduling a) Meet with City and ARCHITECT to discuss contractors and project approach. Lamp Incorporated will initiate this meeting, which will include FGM Architects, their Engineers, and the City of Elgin's representatives to establish strategies necessary to attain the set goals and objectives. The Construction Manager shall attend all the design meetings. b) Develop draft construction schedule and budget Lamp Incorporated will develop a cost estimate which details all costs associated with the construction of the building. Not only will this estimate include costs for the "bricks and mortar," but also those costs incurred by the City, such as permits, construction testing, drawing reproduction, and utility fees, thus providing the City with a total project cost. In addition, a "value engineering" items list will be generated to provide the City and the Architect with potential changes for cost savings or added value. This phase will include a construction schedule and site logistics plan to be developed with the City's input to prevent interruption with the day to day activities of the community. Lamp Incorporated will provide an updated estimate and project schedule to reflect the additional information and detail, which the Architect will have provided within the drawings for this phase. At this time, the construction schedule and site logistics plan would be approved to be incorporated into the Construction Documents. c) Create bid packages and scopes of work for each trade. Create Division 1 of the bid documents. Lamp Incorporated will coordinate the drawing distribution, and soliciting of Trade Contractors, to ensure that each trade package has five to ten bidders. d) Review bid awards and contracts. After the bids are received, Lamp Incorporated will conduct scope review meetings with the apparent low bidders and make recommendations for contract award to the City of Elgin. e) Meet with contractors to discuss draft schedule, budget, and coordination of work f) Finalize construction schedule, budget, and present to City and ARCHITECT. During construction, the schedule will be updated monthly, and distributed to the Trade Contractors,FGM Architects, and the City. Task 2: Permits a) Verify that all design documents have been submitted for needed permits b) Verify that all contractors are properly licensed and insured c) Take the steps necessary to correct any items not completed in a) and b) d) Coordinate with City departments as required e) Insure that all inspections required by the City are met Task 3: Administration a) Coordinate the work/scheduling of individual contractors. The Construction Manager shall provide an on-site full time superintendent who will be devoted to the project from ground breaking through completion of the project. b) Maintain detailed daily project records on conflicts, work completed, and decisions made c) Bring to the attention of the ARCHITECT and the City, in writing, any suggestions for more efficient, cost effective construction methods d) Aggressively manage contractors' work to keep project within budget e) Report all unanticipated work in writing to the City for authorization before proceeding f) Verify that all work in progress meets specifications g) Schedule, chair, and maintain minutes of weekly progress meetings h) Submit bi-weekly written status reports to Fire Chief i) Ensure that the job site is free of debris and broom cleaned on a daily basis. Task 4: Shop Drawings a) Receive all shop drawings, samples, submittals, and maintain a log of their receipt b)Review all items received against specification and plan for that item c) Resolve equipment/material selection problems with contractors and ARCHITECT Task 5: Pay Requests a) Verify payment requests from contractors b)Verify receipt of lien waivers c) Prepare payment requests to be certified by the Architect for processing by City on a schedule compatible with the existing City payment schedule d)Provide a copy of each pay request to ARCHITECT for their concurrence e) Maintain record of project cost-to-date versus project budget that is current to the most recent pay request approved for payment. Provide copy to the Fire Chief immediately after each modification Task 6: Project Closeout a) Prepare punch lists for final completion of each contract, with fire department representatives, architect, and city representatives b) Verify final completion of punch list items with fire department representatives, architect, and city representatives c) Assemble warranty documents. Lamp Incorporated will ensure that all systems installed in the new fire station are working per the design specifications and functioning per your needs. At the completion of the project, Lamp shall provide the City with a 2- Year Warranty and will return for a 12-month and 23-month walk-through to make sure that the building and its systems are still functioning correctly and determine what changes, if any, need to be made. d)Assemble equipment maintenance/operation documents e) Compile documents in c) and d) into indexed operations manual f) Collect as-built record drawings from each contractor for submission to the CITY. g)Provide a copy of all close out records to the ARCHITECT h) Coordinate City staff training on new equipment. Lamp Incorporated will train the City of Elgin's personnel on the installed equipment and systems. i) Attic Stock— Lamp Incorporated will collect all specified attic stock from the Trade Contractors. These items will be labeled, organized, and stored onsite until the City of Elgin is prepared to move them to their final destination. j) Facility Start-Up &Testing—This involves detailed testing of all systems included in the new fire station. The purpose is to verify each system is operating, performing, and interacting as required by contract documents, applicable codes, and governing authorities. k)Deliver final status report to City C_ LAMP INCORPORATED 460 NORTH GROVE AVENUE P.O.BOX 865 ELGIN,ILLINOIS 60121-0865 19 (847) 741-7220 FAX (847) 741-9677 www.lampinc.net March 1, 2006 Chief Michael W. Falese Fire Chief City of Elgin 150 Dexter Court Elgin, IL 60120 Re: Fire Station#7 Construction Management Compensation Proposal Dear Chief Falese, Lamp Incorporated is pleased to submit the following proposal for compensation to manage the construction of your new Fire Station#7 on Longcommon Parkway. This proposal is based upon your original Construction Manager Request for Qualifications issued February 9, 2006, Addendum#1 dated February 13, 2006, and Addendum#2 dated February 16, 2006. This proposal is based upon constructing a new approximately 12,000 to 14,000 square foot fire station with a maintenance bay and associated site work to be ready for final occupancy by May, 4, 2007. A ground breaking ceremony will be held on August 1, 2006 with construction beginning by August 14, 2006. By beginning the project at this time we know we will have the building enclosed before winter. This proposal includes the following items: Pre-Construction Services (Professional): $20,000.00 Project Design Meetings Four Budget Estimates Value Engineering Cash Flow Analysis Initial Schedule Project Schedule Site Inspection and Analysis Work Phasing Quality Control Review Consulting Services Solicitation of Trade Contractors Qualification of Trade Contractors Work Scope Narratives Bid Package Preparation Pre-Bid Meetings Bidding Bid Opening Bid Analysis Work Scope Review with Contractors Awards Contracts Meetings Consulting Services (Approximately 200 hours of combined principal and estimating time) CONSTRUCTION MANAGEMENT o DESIGN / BUILD GENERAL CONSTRUCTION Chief Michael W. Falese March 1, 2006 Page 2 Construction Services (General Conditions) General Conditions are necessary cost items incidental to the construction of a project. These items are sometimes provided under the Trade Contracts; however, it is Lamp Incorporated's policy to provide these as a service of the Construction Manager. This is beneficial to the Owner for the following reasons: • Lamp Incorporated will have direct control over such things as safety, clean up, and temporary utilities. • Lamp Incorporated will provide these items at our cost, plus the fee as listed below. Any savings from the general conditions budget will be returned to the Owner. If the Trade Contractor provides general conditions, any savings from the budget are kept by the Trade Contractor. • Items such as temporary heat can be potentially costly. By allowing the Construction Manager to provide general conditions only as needed. A Trade Contractor will not be required to protect himself from unknown cost items with an unnecessarily high bid. • Lamp Incorporated's fee applied to the cost of general conditions is less than a Trade Contractor will charge. • General Conditions were based upon a 12,000 - 14,000 square foot facility, site work, and an 8-month project to begin August 14, 2006 and ready to move into by May 4, 2007. The following is a summary of general condition items that we plan to provide: • Full time Superintendent (Dedicated 8 months @ project site) • Project Manager(9 months) • Vehicle &Travel • Office Trailer and equipment (8 months) • Project Sign • Safety(railing, ladders, containers, general) • Clean-up (general, floors, windows, final) (30 hours/month for general) • Street Sweeping (3 trips) • Dumpsters (16 dumpsters) • Layout (Professional surveyor to set control points) • Progress Photos • Temporary Electrical (Usage fee paid by Lamp Incorporated) • Temporary Heating Equipment and Natural Gas Usage • Temporary Sanitary(2 units at 8 months each) • Temporary Phone (8 month service) • Temporary Lighting (12 - 14,000 so • Temporary Fence & Gates (1,000 If) • Temporary Water Meter and Usage Chief Michael W. Falese March 1, 2006 Page 3 Direct General Conditions Costs: $135,900.00 Project Superintendent(1,400 Hours) $91,500.00 Project Manager(540 Hours) $38,100.00 (Vehicle &Travel included above) Office Trailer(8 Months) $3,100.00 1 Office Trailer Equipment and Supplies $400.00 Office Trailer Phone (8 Months) $2,800.00 i The following general conditions services will be required to complete the project. These services can either be supplied by Lamp Incorporated, the City of Elgin, or included into the work packages of the Trade Contractors who will be bidding on the project. The advantage of Lamp Incorporated including these services into our contract will be saving the ten to fifteen percent (10%to 15%)mark up that the Trade Contractors will put on if they are to provide the services as listed below: Additional General Conditions Costs: $67,700.00 Safety(40 Hours+Material) $3,000.00 Chain Link Fence & Gates (1,000 LF) $5,500.00 Surveying(Professional Service) $12,000.00 Layout (40 Hours+ Equipment) $2,700.00 Project Sign(8 Hours+Material) $1,200.00 Clean-up: General (240 Hours) $12,000.00 Sweeping (30 Hours) $1,800.00 Final (Professional) $2,000.00 Dumpsters (16 each) $4,800.00 Street Sweeping(3 trips) $1,100.00 Temporary Utilities Electricity(Initial Set Up) $2,000.00 Electrical Usage Fee $2,400.00 Lighting (12 - 14,000 square feet) $1,800.00 Sanitary(2 Units @ 8 Months) $1,200.00 Temporary Heating Units $6,000.00 Natural Gas Service $8,000.00 Temporary Water Meter and Usage Fee $200.00 General Conditions are considered part of construction hard costs. Chief Michael W. Falese March 1, 2006 Page 4 Temporary utility set up and hook up will be coordinated by Lamp Incorporated. Utility usage fees, electricity, natural gas, and water will be paid by Lamp Incorporated until the permanent utility connections have been made. Once the permanent utilities are in place, the City of Elgin will pay for all utility charges. Not included in Construction Services but can be provided by Lamp Incorporated: Winter Conditions: Snow removal and temporary enclosures. Testing(If desired by Owner, Lamp Incorporated can perform in lieu of Trade Contractors) Construction access roads and temporary parking Temporary partitions Lamp Incorporated can perform the items listed above if the Owner so desires. They have been excluded from this proposal at this time because temporary enclosures should not be required and snow removal should be done either on an as needed basis or done by the City of Elgin Public Works Department. Temporary partitions and construction access roads can be provided if it is determined they will be required. Testing should be done by an independent testing laboratory hired by the City of Elgin. Construction Services (Professional): $136,950.00 Construction Manager's overhead and profit to cover home office expenses related to this project that are not part of the reimbursable general conditions expenses. Construction Services fee is applied to the cost of construction, trade contractor bid packages, and the cost of the general conditions work. Construction Costs (Approximate) $3,200,000.00 General Conditions $203,600.00 Pre-Construction Costs $20,000.00 Total $3,423,600.00 Construction Management Fee @ 4.0%_ $136,950.00 As described above, Lamp Incorporated proposes to furnish all labor, material, and equipment necessary to manage the construction of Fire Station#7 for the City of Elgin for the fee of THREE HUNDRED SIXTY THOUSAND, FIVE HUNDRED FIFTY AND NO/100 DOLLARS, ($360,550.00). All services as listed above are negotiable. Chief Michael W. Falese March 1, 2006 Page 5 The fee as listed above is based upon a project beginning August 14, 2006 and being completed within 8 months from the start of construction. If the project were to be extended beyond our control,the additional fee that would be charged to the City of Elgin would be NINETEEN THOUSAND, FIVE HUNDRED AND NO/100 DOLLARS ($19,500.00)per month. Performance Bond All Trade Contractors will be required to obtain a 100%performance bond for their contract amount as required by State of Illinois Law. If so desired, Lamp Incorporated can also obtain a 100%performance bond and labor and material payment bond for the General Conditions portion of our contract or for the full amount of the contract if so desired. Lamp Incorporated would like to thank you for letting us submit this construction management compensation proposal to you for the Fire Station#7 project. If you should have any questions on this proposal or require additional proposals for your other construction needs,please contact me at your convenience. Lamp Incorporated looks forward to working with you on this project and becoming a member of your construction team. Respectfully submitted, LAMP INCORPORATED C Ian C. Lamp Vice President of Marketing and Sales V- City Of Elgin Agenda Item No. f � May 5, 2006 TO: Mayor and Members of the City Council FROM: Olufemi Folarin, City Manager O)C�(w Gail Cohen,Human Resources and Purchasing Director SUBJECT: RFP#06-017, Construction Manager for Fire Station 7 PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to award a contract for construction management services for Fire Station 7 to Lamp, Inc. RECOMMENDATION It is recommended that the City Council approve award of contract for construction management services for Fire Station 7 to Lamp, Inc. in the amount of$360,550.00. BACKGROUND In November of 2005, the City of Elgin identified property on Longcommon Parkway at Bowes Road for the construction a fire station on the site. The selection of the site was based on a comparison to the facility and location needs outlined in the Elgin Fire Department Risk & Hazard Analysis Report of 2000 and through an analysis by Tri-Data Corporation. Multiple sites were evaluated and examined prior to the selection of the Longcommon Parkway at Bowes Road site. It was determined that this site would fulfill the objectives of providing effective emergency response times in this district. At its February 22 meeting, Council approved award of a contract for architectural services to FGM. The proposed award is for a construction manager to administer and oversee the construction of the fire station. A Selection Committee consisting of members of the Fire Department, Purchasing, Engineering and Building Maintenance was convened to draft the Request for Proposals(RFP) and evaluate the proposal responses. A Request for Proposals was released and advertised in the February 9, 2006 The Courier News. Proposals were received on March 1, 2006 by MTI, Shales McNutt, Lamp, Williams Development, Green Associates, Construction Solution Services, IHC, Pacific Construction Construction Management Services for Fire Station 7 May 5, 2006 Page 2 Services, W.B. Olson, and Cath Associates. MTI, Shales McNutt and Lamp were shortlisted for presentations and interviews during which the project manager and other members of the project team discussed their relevant experience and approach to the project. All firms convinced the Selection Team that they were capable of providing the services. After much discussion, the Selection Team agreed that Lamp, Inc. should be selected to provide the construction management services. The cost proposals were then opened. Lamp's proposal of $360,550 fell between the other shortlisted vendors whose prices were $237,142 (MTI) and $442,200 (Shales). The viability of Lamp's proposed eight month construction schedule was discussed given that it assumed a start date in March. It was agreed that Lamp would strive to complete the construction within eight months, but if the schedule took longer, there would be no extra charge to the City, thereby saving the City two months of construction management costs. GROUPS/INTERESTED PERSONS CONTACTED None FINANCIAL IMPACT The agreement with Lamp Inc. totals $360,550.00. There are sufficient funds budgeted ($3,902,350) in the Riverboat Lease Fund, account numbers 276-0000-791.92-36 Capital Additions - Buildings/Structures, ($3,418,560 available), and 276-0000-791.30-03 Architectural and Engineering, ($218,750 available), project number 289506 (Fire Station 7) to enter into this contract. EGALIMPACT None ALTERNATIVES 1. Award the contract as recommended. 2. Award the contract to another firm. Respectfully submitted for Council consideration. GAC