07-80 Resolution No. 07-80
RESOLUTION
AUTHORIZING EXECUTION OF AN AG' EMENT WITH
K2N CREST, P.C. FOR ROOF CONSUL I ING SERVICES
BE IT RESOLVED BY THE CITY COUNCIL OF T IE CITY OF ELGIN,ILLINOIS,that
Olufemi Folarin,City Manager, and Dolonna Mecum, City Cl:rk,be and are hereby authorized and
directed to execute an agreement on behalf of the City of E gin with K2N Crest, P.C., for roof
consulting services a copy of which is attached hereto and m.de a part hereof by reference.
s/E• Schock
Ed S 4 hock, Mayor
Presented: March 21, 2007
Adopted: March 21, 2007
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
AGREEMEN
THIS AGREEMENT, made and entered into this 215--day of arch, 2007, by and between the CITY OF
ELGIN, an Illinois municipal corporation (hereinafter referred to a• "CITY") and K2N Crest, an Illinois
corporation (hereinafter referred to as "Consultant").
WHEREAS, the CITY desires to engage the Consultant to furn sh certain professional services in
relation to preparation of specifications and bid documents for roo i repair, replacement, and inspection of
various City owned buildings as listed in attachment A (hereinafte 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 expe ise 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 1 ITY and the Consultant that the CITY
does hereby retain the Consultant for and in consideration of the tual promises and covenants contained
herein, the sufficiency of which is hereby acknowledged to act for .nd represent it in the Consulting matters
involved in the PROJECT as described in this agreement, subject to the following terms and conditions and
stipulations, to-wit:
I. SCOPE OF SERVICES
A.All work hereunder shall be performed under the directi In of the Building
Maintenance Superintendent of the CITY, herein after eferred to as the "DIRECTOR".
B. The CONSULTANT shall provide the following servic:s to the CITY pursuant to this agreement.
1. Roof Condition Evaluations and reports on 100 s ructures listed in the City of Elgin
Request for Proposals No. 07-006, entitled 'Roof Consulting Services": $ 32,750.
2. Roof Design and Bid Coordination Services for :007 projects including the
Public Works Building, the Lords Park Res groom building, the Police Facility, and the
Sludge Building at Riverside Water Plant for$ 9,795.
3. Construction Phase Services in 2007 would incl de:
A. The Public Works Building, not to exce:d $ 49,750:
-- Pre-construction meeting, 4 hours @ $230 ($131 + $99);
-- Review of submittals, RFI's, pay r;quests, 20 hours @ $131;
-- Full time construction monitoring, 440 hours @ $99;
-- Final inspections (2), 8 hours @ $131;
-- Expenses, 60 miles x 58 days @ $1.45.
B. Lords Park restroom building, not to exce-d $ 690:
-- Pre-construction meeting, 1 hour 0 $230 ($131 + $99);
-- Review of submittals, RFI's, pay r•quests, 1 hour @ $131;
-- Start up construction monitoring, . hours @ $99;
-- Final inspection, 1 hour @ $131.
C. Police Facility, not to exceed $ 25,500:
-- Pre-construction meeting, 5 hours $230 ($131 + $99);
-- Review of submittals, RFI's, pay r-quests, 20 hours @ $131;
-- Full time construction monitoring, 200 hours @ $99;
-- Final inspections (2), 9 hours @ $ 31;
-- Expenses, 60 miles x 28 days @ $1.45.
D. Sludge Building at Riverside Water Plan , not to exceed $ 1,500:
-- Pre-construction meeting, 1 hour (1) $230 ($131 + $99);
-- Review of submittals, RFI's, pay requests, 1 hour @ $131;
-- Full time construction monitoring 8 hours @ $99;
-- Final inspection, 2 hours @ $131;
-- Expenses, 180 miles @ $0.45.
II. ITEMS NOT INCLUDED IN SCOPE OF WORK
A.Reimbursable Items: Not o exceed $1000
Asbestos testing: $75/test
Additional Printing: cost+ 5%
III. PROGRESS REPORTS
A. Progress will be recorded on the project schedule and s bmitted monthly as a component of the
Status Report described in B. below.
B. The Consultant will submit to the Director monthly a S atus 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 he eto including, but not limited too, reports,
designs, calculations, work drawings, studies, photograph., models an recommendations shall be the
property of the CITY and shall be delivered to the CITY pon 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 . the sole risk of the CITY without
liability or legal exposure to the Consultant.
V. PAYMENTS TO THE Consultant
A. For services provided by the CONSULTANT under this ag Bement the CITY shall reimburse the
CONSULTANT at the hourly rate of its personnel as listed in Attachment A attached hereto with the
total sum to be paid to the CONSULTANT pursuant to this agreement not to exceed $119,985
regardless of the actual time expended or actual costs incu ed by the CONSULTANT unless
substantial modifications to the scope of work are authoriz=d in advance in writing by the CITY.
B. The CITY shall make periodic payments to the Consultant iased upon actual progress within 30 days
after receipt and approval of invoice. Said periodic payme I is 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 appro ed 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 o the CITY to inspect and audit all data and
records of the Consultant for work done under this Ag teement. The Consultant shall make these
records available at reasonable times during the Agree ent 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 Cons ltant. In the event that this Agreement is
so terminated, the Consultant shall be paid for service• actually performed and reimbursable
expenses actually incurred prior to termination, except that reimbursement shall not exceed the
task amounts set forth in paragraph I and the total amiunt set forth in paragraph V above.
VIII. TERM
This Agreement shall become effective as of the date he Consultant is given a notice to proceed
and, unless terminated for cause or pursuant to Article , shall be deemed concluded on the date
the CITY determines that all of the Consultant's work u der this agreement is completed. A
determination of completion shall not constitute a waiv:r 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 ompensation as a result of action taken
by the CITY, the Consultant shall give written notice o his claim within 15 days after occurrence
of such action. No claim for additional compensation s all 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. Regar•less of the decision of the DIRECTOR
relative to a claim submitted by the Consultant, all wor required under this Agreement as
determined by the DIRECTOR shall proceed without i terruption.
X. BREACH OF CONTRACT
If either party violates or breaches any term of this Agr ement, such violation
or breach shall be deemed to constitute a default, and t e 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 ithin fifteen (15) days after notice thereof
by the other party to comply with the conditions of the • greement, the other party may terminate
this Agreement.
XI INDEMNIFICATION
To the fullest extent permitted by law, Consultant agre s to and shall indemnify, defend and hold
harmless the CITY, its officers, employees, agents, bo.rds and commissions from and against any
and all claims, suits,judgments, costs, attorney's fees, samages or other relief, including but not
limited to workers compensation claims, in any way re.ulting from or arising out of negligent
actions or omissions of the Consultant in connection h;rewith, including negligence or omissions
of employees or agents of the Consultant arising out o'the performance of this Agreement. In the
event of any action against the CITY, its officers, emp oyees, agents, boards or commissions,
covered by the foregoing duty to indemnify, defend ani hold harmless such action shall be
defended by legal counsel of the CITY's choosing. Tip. provisions of this paragraph shall survive
any completion, expiration and/or termination of this a•reement.
XII. NO PERSONAL LIABILITY
No official, director, officer, agent or employee of the SITY shall be charged personally or held
contractually liable under any term or provision of this • greement or because of their execution,
approval or attempted execution of this Agreement.
XIII. INSURANCE
A. Comprehensive Liability. The Consultant shall p ovide, pay for and maintain in effect,
during the term of this Agreement, a policy of compreh-nsive 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 Certi icate of Insurance naming the CITY as
additional insured. The policy shall not be modified or erminated without thirty (30) days prior
written notice to the DIRECTOR.
The Certificate of Insurance which shall include Contr.ctual obligation assumed by the
Consultant under Article X entitled "Indemnification" •hall be provided.
This insurance shall apply as primary insurance with r:spect 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 insura ce, alternatively, if the insurance states
that it is excess or prorate, it shall be endorsed to be pr mary with respect to the CITY.
B. Comprehensive Automobile Liability. Comprehe sive Automobile Liability Insurance
covering all owned, non-owned and hired motor vehic es with limits of not less than $500,000 per
occurrence for damage to property.
C. Combined Single Limit Policy. The requirement• for insurance coverage for the general
liability and auto exposures may be met with a combi ed single limit of$2,000,000 per
occurrence subject to a$2,000,000 aggregate.
D. Professional Liability. The Consultant shall c. Consultant's Professional Liability
Insurance Covering claims resulting from error, omiss ons 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 s bject to all the terms, conditions and
other provisions of this Agreement and the Consultant s all remain liable to the CITY with
respect to each and every item, condition and other pro ision 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 subcontra tor 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 ;iartnership,joint venture, employment or
other agency relationship between the parties hereto.
XIX. SEVERABILITY
The parties intend and agreed that, if any paragraph, sus-paragraph, phrase, clause or other
provision of this Agreement, or any portion thereof, sh.,1l be held to be void or otherwise
unenforceable, all other portions of this Agreement sh.I 1 remain in full force and effect.
XX. HEADINGS
The headings of the several paragraphs of this Agreem-nt are inserted only as a matter of
convenience and for reference and in no way are they i tended to define, limit or describe the
scope of intent of any provision of this Agreement, no I shall they be construed to affect in any
manner the terms and provisions hereof or the interpre ation 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, disc iarged or extended except by written
amendment duly executed by the parties. Each party .grees 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 provides.
XXII. APPLICABLE LAW
This Agreement shall be deemed to have been made i it, 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 Cir.uit Court of Kane County, Illinois.
XXIII.NEWS RELEASES
The Consultant may not issue any news releases withou prior approval from the DIRECTOR, nor
will the Consultant make public proposals developed u der this Agreement without prior written
approval from the DIRECTOR prior to said documenta lion becoming matters of public record.
XXIV.COOPERATION WITH OTHER CONSULTANTS
The Consultant shall cooperate with any other consultais in the CITY's employ or any work
associated with the PROJECT.
XXV. INTERFERENCE WITH PUBLIC CONTRACTIN
The Consultant certifies hereby that it is not barred fro bidding on this contract as a result of a
violation of 720 ILCS 5/33E et seq. or any similar stat: or federal statute regarding bid rigging.
XXVI.SEXUAL HARASSMENT
As a condition of this contract, the Consultant shall ha e 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 I aw;
C. A description of sexual harassment, utilizing ex. ples;
D. The vendor's internal complaint process includi g penalties;
E. The legal recourse, investigative and complaint process available through the Illinois
Department of Human Rights, and the Illinois Hu an Rights Commission;
F. Directions on how to contact the department an I 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 Dep. ment 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•ompletion, shall be made or confirmed in
writing. The DIRECTOR may also require other re ommendations and communications by
the Consultant be made or confirmed in writing.
XXVIII. NOTICES
All notices, reports and documents required under t is Agreement shall be in writing and shall
be mailed by First Class Mail, postage prepaid, add essed as follows:
r
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
K2N Crest
1010 Jorie Blvd., Suite 320
Oak Brook, IL. 60523
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
A.
ByRt4424-v-Q___ By ext�
City Clerk 'ty Mana:-r
(SEAL)
For the Consultant:
Dated this 9th day of March, A.D., 200
.00
ATTEST:
Wil 'am B. Ear , /flag
BY . G B r, Y —
/ldrew T. Krauklis, Vice President Donald E. Kimball, P • ident
(SEAL)
.c4 OF f�
Agenda Item No.
`� � " City of Elgin
.,.
March 9, 2007
TO: Mayor and Members of the City Council
FROM: Olufemi Folarin, City Manager
Rich Hoke, Building Mainten ce Superintendent
SUBJECT: RFP 07-006 Roof Consulting Service Contract for 2007
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 K2N Crest, Inc. for roof consulting
services.
RECOMMENDATION
It is recommended that the City Council authorize the City Manager to execute an agreement
with K2N Crest in the amount of $119,985 for the 2007 roof replacement project. This
agreement would be amended to include the 2008 - 2010 roof repair and replacement projects
pending approval of funding for those projects in the 2008 - 2010 budgets.
BACKGROUND
In the long range planning for roofs on the City of Elgin bui.dings, several projects have been
identified and those scheduled for 2007 were budgeted. Roof work for 2007 will include the
replacement of roofs on the Public Works Facility, Police Facility, and the restroom building in
Lords Park. Work for 2007 will also include an inspection of the City's 100 roofs. This type of
inspection was last preformed four years ago and only included 75% of the current roofs. These
inspections are critical to the long range planning and compliance with roof manufacture's
warranties. Items anticipated for 2008 - 2010 have also been identified but will be subject to
adjustment after a full inspection has been completed.
A request for proposals was prepared by City staff. Several area architectural and consulting
firms were solicited and an advertisement was placed in the January 16, 2007, Courier News.
Ten different firms submitted proposals. After a review by staff of the proposals submitted, K2N
Crest was selected as the most qualified firm for the project.
r Upon selection, the fees for all firms were reviewed; K2N Crest offered the lowest fees for
comparable work and was the only firm to provide a complete fee structure as requested in the
•
RFP. K2N Crest met with staff to finalize the scope of the proj:ct and negotiate the final fee. The
scope of work includes bid preparation, bid review, co •truction management, full time
construction monitoring and final inspections. The scope also includes an inspection and report
for each of the City's 100 roofs. The scope of work for 200 — 2010 is anticipated to include
replacement for roofs on the Slade Ave. water facility, Lord. Park maintenance building, fire
stations 3, 4, & 5 and some various small structures and mi- ellaneous repairs. The estimated
value of additional work (2008 —2010) for K2N Crest, based in current projections, is $16,350.
All additional work is subject to approval of budgets for tho-e years. A copy of the consultant
agreement including scope of services is attached.
COMMUNITY GROUPS/INTERESTED PERSONS CON ACTED
None
VitINANCIAL IMPACT
The agreement with K2N Crest will total $119,985. FundinL for this project in the amount of
$1,250,000 is budgeted and available in the Riverboat Fund, :ccount number 275-0000-791.93-
36, "Major Repairs/Buildings and Structures," project n ber 339898, "PW Facility Roof
r Repairs" and $85,000 is budgeted and available in the Rive boat Fund, account number 275-
0000-791.93-36, "Major Repairs/Buildings and Structures,' project number 370101, "Roof
Inspection and Repairs". Finally, $51,890 is budgeted and $5 ,383 available in the Water Fund,
account number 401-4002-771.30-99, "Miscellaneous Profess onal Services".
LEGAL IMPACT
VO4/None
ALTERNATIVES
1. The Council may choose to approve the consulting se ices agreement with K2N Crest.
2. The Council may choose not to approve the consul ing services agreement with K2N
Crest and postpone repairs on the leaking roofs until 2108.
Respectfully submitted for Council consideration.
RH
Attachment
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