08-110 Resolution No. 08-110
RESOLUTION
AUTHORIZING EXECUTION OF A FIRST AMENDMENT AGREEMENT
WITH K2N CREST, P.C. FOR ROOF CONSULTING SERVICES
BE IT RESOLVED BY THE CITY COUNCIL OF TH 1 CITY OF ELGIN,ILLINOIS,that
Olufemi Folarin,City Manager,and Diane Robertson,City Cle k,be and are hereby authorized and
directed to execute a First Amendment Agreement on behalf ol the City of Elgin with K2N Crest,
P.C., for roof consulting services a copy of which is attache• hereto and made a part hereof by
reference.
s/Ed Schock
Ed Sc ock, Mayor
Presented: April 23, 2008
Adopted: April 23, 2008
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Diane Robertson
Diane Robertson, City Clerk
FIRST AMENDMENT AGREEMENT
THIS FIRST AMENDMENT AGREEMENT i hereby made and entered into this
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day ofy _Afaof 2008, by and between the City of Elgin, Illinois, a municipal
corporation (hereinafter referred to as "City") and K2N Cre t, an Illinois corporation (hereinafter
referred to as "Consultant").
WHEREAS, the parties hereto have previously ent red into an agreement dated March
21, 2007, whereby the City engaged Consultant to furnish c;rtain professional services, a copy of
which is attached hereto and made a part hereof as Attac ent "A" (hereinafter referred to as
"Original Agreement"); and
WHEREAS, the parties hereto have each determi ed it to be in their best interests to
amend Original Agreement to provide for additional servic. ; and
WHEREAS, Consultant represents that it is in compliance with all applicable laws
relating to professional registration and has the necessary e pertise and experience to furnish the
additional services provided for herein upon the terms and conditions set forth below.
NOW, THEREFORE, for and in consideration o the mutual promises and covenants
contained herein, the sufficiency of which is hereby mutually acknowledged, the parties hereto
hereby agree as follows:
1. The aforementioned recitals are incorpor ted into and made a part of this
Agreement.
2. Article I of the Original Agreement, entitled "Scope of Services" is hereby
amended to add the following:
"E. Slade Avenue Water Plant:
--Design, specification and bid coordina ion services, not to exceed $3,775 (@
$131 per hour)
--Construction phase services, not to ex eed$6,125 (@ $99 per hour)
F. Elgin Recreation Center:
--Design, roof specification and bid coordination,not to exceed$5,145 (@
$131 per hour)
--Construction phase and project management services, not to exceed$17,850
(@ $99 per hour)"
3. Article V of the Original Agreement, entitled "Payments to the Consultant" is
hereby amended to read as follows:
"V. PAYMENTS TO THE CONSULTANT
A. For services provided by the Consult. t pursuant to Article I, Sections A
through D of this agreement, the City shall pay the Consul pant at the hourly rate of its personnel
as listed in Attachment A, attached hereto and made a part hereof, with the total sum to be paid
to the Consultant for such services not to exceed $11',985, regardless of the actual time
expended or actual costs incurred by the Consultant unless .ubstantial modifications to the scope
of work are authorized in advance in writing by the City.
B. For services provided by the Consultant pursuant to Article I, Sections E and F
of this agreement, the City shall pay the Consultant at the ourly rate of its personnel as listed in
Article I, Sections E and F, with the total sum to be paid t. the Consultant for such services not
to exceed $32,895, regardless of the actual time expensed or actual costs incurred by the
Consultant, unless substantial modifications to the scope .f work are authorized in advance in
writing by the City.
C. The City may make periodic payme is to the Consultant at City's sole
discretion based upon actual progress within thirty (30 days after receipt and approval of
invoices. Said periodic payments to the Consultant shall ui der no circumstances exceed the total
amounts provided for herein, in full payment for each talc shall not be made until the task is
completed and accepted by a director."
4. Original Agreement is further amended by . ending Article VIII, entitled "Term"
to provide as follows:
"VIII. TERM
Unless terminated for cause or pursuant t. Article VII herein, this Agreement
shall be deemed concluded on the date the City determines in writing that all of
the Consultant's work pursuant to this Agr,ement is fully and finally completed.
Any such written determination of complef on shall not constitute a waiver of any
rights or claims which the City may have o thereafter acquire with respect to any
term or provision of this Agreement. All ork of Consultant pursuant to the First
Amendment Agreement shall be fully coy pleted on or before December 31,
2008. Time is of the essence of this Agree ent."
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5. Original Agreement is further amended 1)37 adding Article XXIX, entitled
"Compliance with Laws" to provide as follows:
"XXIX. COMPLIANCE WITH LAWS
Notwithstanding any other provision of t is Agreement it is expressly agreed
and understood that in connection with the performance of this Agreement that
the Consultant shall comply with all appl'cable Federal, State, City and other
requirements of law, including, but not li ited to, any applicable requirements
regarding prevailing wages, minimum wale, workplace safety and legal status
of employees. Without limiting the for-going, Consultant hereby certifies,
represents and warrants to the City that all onsultant's employees and/or agents
who will be providing products and/or se ices with respect to this Agreement
shall be legal residents of the United States. Consultant shall also at its expense
secure all permits and licenses, pay all c i arges and fees and give all notices
necessary and incident to the due and law 11 prosecution of the work, and/or the
products and/or services to be provided fir in this Agreement. The City shall
have the right to audit any records in the possession or control of the Consultant
to determine Consultant's compliance with the provisions of this section. In the
event the City proceeds with such an audi the Consultant shall make available
to the City the Consultant's relevant record- at no cost to the City."
6. The remainder of Original Agreement shall -main in full force and effect.
CITY: CONS LTANT:
CITY OF ELGIN K2N CI' ST f
By By
> y.#*.. ager Its virarow
Attest:
City Clerk
F:\Legal Dept\Agreement\K2N Crest-First Amendment Agr.doc
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. • AGREEMENT
THIS AGREEMENT, made and entered into this 21s-A-day of IMarch, 2007, by and between the CITY OF
ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY") and K2N Crest, 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 ro f repair, replacement, and inspection of
various City owned buildings as listed in attachment A (hereina er referred to as the"PROJECT").
AND
WHEREAS, the Consultant represents that he is in complian e with Illinois Statutes relating to
professional registration of individuals and has the necessary ex ertise and experience to furnish such
services upon the terms and conditions set forth herein below.
NOW, THEREFORE, it is hereby agreed by and between th 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 fr and represent it in the Consulting matters
involved in the PROJECT as described in this agreement, subje t to the following terms and conditions and
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stipulations, to-wit:
I. SCOPE OF SERVICES
A.All work hereunder shall be performed under the dire tion of the Building
Maintenance Superintendent of the CITY, herein aft r referred to as the "DIRECTOR".
B. The CONSULTANT shall provide the following se 'ces to the CITY pursuant to this agreement.
1. Roof Condition Evaluations and reports on 101 structures listed in the City of Elgin
Request for Proposals No. 07-006, entitl:d "Roof Consulting Services": $ 32,750.
2. Roof Design and Bid Coordination Services fur 2007 projects including the
Public Works Building, the Lords Park 'estroom building, the Police Facility, and the
Sludge Building at Riverside Water Plan for$ 9,795.
3. Construction Phase Services in 2007 would i elude:
A. The Public Works Building, not to ex eed $49,750:
-- Pre-construction meeting, 4 ho rs @ $230 ($131 + $99);
Attachment " "
-- Review of submittals, RFI's, pay equests, 20 hours @ $131;
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-- Full time construction monitorin , 440 hours @ $99;
-- Final inspections (2), 8 hours @ 131;
-- Expenses, 60 miles x 58 days @ 0.45.
B. Lords Park restroom building, not to ex4eed $ 690:
-- Pre-construction meeting, 1 hour @ $230 ($131 + $99);
-- Review of submittals, RFI's, pay requests, 1 hour @ $131;
-- Start up construction monitoring, 2 hours @ $99;
-- Final inspection, 1 hour @ $131.
C. Police Facility, not to exceed $ 25,500:
-- Pre-construction meeting, 5 ho s @ $230 ($131 + $99);
-- Review of submittals, RFI's, pa requests, 20 hours @ $131;
-- Full time construction monitori ,_, 200 hours @ $99;
-- Final inspections (2), 9 hours @ $131;
-- Expenses, 60 miles x 28 days @ $0.45.
D. Sludge Building at Riverside Water Pl. t, not to exceed $ 1,500:
-- Pre-construction meeting, 1 ho @ $230 ($131 + $99);
-- Review of submittals, RFI's, pa, requests, 1 hour @ $131;
-- Full time construction monitori i g, 8 hours @ $99;
-- Final inspection, 2 hours @ $131;
-- Expenses, 180 miles @ $0.45.
II. ITEMS NOT INCLUDED IN SCOPE OF WORK
A.Reimbursable Items: N t to exceed $1000
Asbestos testing: $75/test
Additional Printing: cost + 5%
III. PROGRESS REPORTS
A. Progress will be recorded on the project schedule an submitted monthly as a component of the
Status Report described in B. below.
B. The Consultant will submit to the Director monthly Status Report keyed to the Project Schedule.
A brief narrative will be provided identifying progre s, findings and outstanding issues.
IV. WORK PRODUCTS 1
All work products prepared by the Consultant pursuant hereto including,but not limited too, reports,
designs, calculations, work drawings, studies, photogr.;•hs, models an recommendations shall be the
property of the CITY and shall be delivered to the CIT 1 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 or 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. For services provided by the CONSULTANT under this ngreement 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 incurred by the CONSULTANT unless
substantial modifications to the scope of work are authorized in advance in writing by the CITY.
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 payents to the Consultant shall not exceed the
amounts shown in the proposal, and full payments for ea h 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 aproved by the CITY.
Progress reports (III B above)will be included with 11 payment requests.
B. The Consultant shall maintain records showing actu1 time devoted and cost incurred. The
Consultant shall permit the authorized representativ of the CITY to inspect and audit all data and
records of the Consultant for work done under this greement. 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 CI! Y may terminate this Agreement at any time
upon fifteen (15) days prior written notice to the Csnsultant. In the event that this Agreement is
so terminated, the Consultant shall be paid for sery ces actually performed and reimbursable
expenses actually incurred prior to termination, ex.ept that reimbursement shall not exceed the
task amounts set forth in paragraph I and the total .mount set forth in paragraph V above.
VIII. TERM
This Agreement shall become effective as of the date the Consultant isgiven 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 4nder this agreement is completed. A
determination of completion shall not constitute a waivr 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 additiona1! 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 hall be valid unless so made. Any
changes in the Consultant's fee shall be valid only to t e extent that such changes are included in
writing signed by the CITY and the Consultant. Rega dless of the decision of the DIRECTOR
relative to a claim submitted by the Consultant, all wo k required under this Agreement as
determined by the DIRECTOR shall proceed without nterruption.
X. BREACH OF CONTRACT
If either party violates or breaches any term of this Atreement, 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 De suitable to the violation or breach; and, in
addition, if either party, by reason of any default, fail. within fifteen(15) days after notice thereof
by the other party to comply with the conditions oft e Agreement, the other party may terminate
this Agreement.
XI INDEMNIFICATION
To the fullest extent permitted by law, Consultant ag ees to and shall indemnify, defend and hold
harmless the CITY, its officers, employees, agents, i oards and commissions from and against any
and all claims, suits,judgments, costs, attorney's fess, 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 connectio herewith, including negligence or omissions
of employees or agents of the Consultant arising ou'of the performance of this Agreement. In the
event of any action against the CITY, its officers, e ployees, 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. I he provisions of this paragraph shall survive
any completion, expiration and/or termination of th's agreement.
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 rovide, pay for and maintain in effect,
during the term of this Agreement, a policy of compre ensive general liability insurance with
limits of at least $2,000,000 aggregate for bodily inju and$2,000,000 aggregate for property
damage.
The Consultant shall deliver to the DIRECTOR a Ce ificate of Insurance naming the CITY as
additional insured. The policy shall not be modified o terminated without thirty(30) days prior
written notice to the DIRECTOR.
The Certificate of Insurance which shall include Con ractual obligation assumed by the
Consultant under Article X entitled "Indemnification' shall be provided.
This insurance shall apply as primary insurance withespect to any other insurance or self-
insurance programs afforded to the CITY. There sh 1 be no endorsement or modification of this
insurance to make it excess over other available ins ance, alternatively, if the insurance states
that it is excess or prorate, it shall be endorsed to be rimary with respect to the CITY.
B. Comprehensive Automobile Liability. Compre ensive Automobile Liability Insurance
covering all owned, non-owned and hired motor veh cies with limits of not less than $500,000 per
occurrence for damage to property.
C. Combined Single Limit Policy. The requiremeis for insurance coverage for the general
liability and auto exposures may be met with a com fined single limit of$2,000,000 per
occurrence subject to a $2,000,000 aggregate.
D. Professional Liability. The Consultant shall cy
Consultant's Professional Liability
Insurance Covering claims resulting from error, om'ssions 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 vyritten notice to the DIRECTOR.
XIV. CONSTRUCTION MEANS, METHODS, TECHN QUES, 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 procedures, or for safety precautions and
programs in connection with the construction, unless pecifically identified in the Scope of
Services.
XV. NONDISCRIMINATION
In all hiring or employment made possible or resultin from this Agreement, there shall be no
discrimination against any employee or applicant for -mployment 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 qualifica Con, and this requirement shall apply to,but
not be limited to, the following: employment adverti•ing, layoff or termination, rates of pay or
other forms of compensation and selection for traini ., 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 greement on the grounds of sex, race, color,
creed, national origin, age except minimum age and etirement provisions, marital status or the
presence of any sensory, mental or physical handica . 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 n part, of the Agreement by the CITY.
XVI. ASSIGNMENT AND SUCCESSORS
This Agreement and each and everyportion thereof hall be binding upon on the successors and the
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assigns of the parties hereto; provided, however, th 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 projvision 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 partnership,joint venture, employment or
other agency relationship between the parties hereto.
XIX. SEVERABILITY
The parties intend and agreed that, if any paragraph, ub-paragraph,phrase, clause or other
provision of this Agreement, or any portion thereof, all be held to be void or otherwise
unenforceable, all other portions of this Agreement s all remain in full force and effect.
XX. HEADINGS
The headings of the several paragraphs of this Agree Iment 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 interp~etation or construction thereof.
XXI. MODIFICATION OR AMENDMENT
This Agreement and its attachments constitutes the ntire Agreement of the parties on the subject
matter hereof and may not be changed, modified, di charged or extended except by written
amendment duly executed by the parties. Each part agrees that no representations or warranties
shall be binding upon the other party unless express d in writing herein or in a duly executed
amendment hereof, or change order as herein provi ed.
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 nder this Agreement without prior written
approval from the DIRECTOR prior to said documentation becoming matters of public record.
XXIV. COOPERATION WITH OTHER CONSULTAN IS
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 f om bidding on this contract as a result of a
violation of 720 ILCS 5/33E et seq. or any similar st to or federal statute regarding bid rigging.
XXVI.SEXUAL HARASSMENT
As a condition of this contract,the Consultant shalllave 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 ste law;
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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 lly 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:
William B. Early
K2N Crest
1010 Jorie Blvd., Suite 320
Oak Brook, IL. 60523
IN WITNESS WHEREOF, the undersigned have placed their ha ds and seals upon and executed this
Agreement in triplicate as though each copy hereof was an origi al and that there are no other oral
agreements that have not been reduced to writing in this stateme t.
For the CITY:
II
ATTEST: THE CITY OF ELGIN
A.
BY �.e-uc.,,,. By tali _ ....
711--
___..., ,
City Clerk k'ty Mana r
(SEAL)
For the Consultant:
Dated this 9th day of March, A.D., 200
ATTEST:
Wil 'am B. Earl,
i/Adik,/
BY A G. By _ /e4i Ail . '
indrew T. Krauklis, Vice President Donald E. Kip ball, P • ident
(SEAL)
. L
,,
ehk.,
s , ,,,
March 7, 2008 ri , — "
„ritrThi
TO: Mayor and Members of the City Council
FROM: Olufemi Folarin, City Manager ,,;,._,,;;J ,;,;;,;,
Rich Hoke, Building Maintenance Superintendent "' `" `"' �
SUBJECT: Amendment to Roof Consulting Service Contract with K2N Crest, Inc.
PURPOSE
The purpose of this memorandum is to provide the Mayor an members of the City Council with
information to consider an amendment to the agreement with 2N Crest, Inc. for roof consulting
services.
RECOMMENDATION
It is recommended that the City Council authorize an amendment to the agreement with K2N
Crest in the amount of$32,895 for the 2008 roof replacement project.
BACKGROUND
In 2007, an RFP for consulting services was prepared forork relating to roof inspections,
repairs and replacements anticipated from 2007 through 201 . K2N Crest was selected as the
most qualified firm for the project. A contract in the amountof$119,985 was approved at the
March 14, 2007 City Council meeting that included wok to be completed in 2007 and
acknowledged that additional work (2008 — 2010) would e subject to budget approval and
would thereby require an amendment to the agreement. Workto be included in the amendment
for 2008 is related to the partial roof replacement at the Slade Avenue Water Plant and the Elgin
Recreation Center. The design phase for Slade Avenue was c mpleted and added to the roof bid
in 2007. The roof on the Recreation Center has been leaking and is the probable cause of some
structural damage to the building.
Additional Fees
Slade Ave. —Design and Bidding Phase $3,775
Slade Ave. —Construction Management Phase $6,125
Elgin Rec. Center—Design Phase $5,145
Elgin Rec. Center—Construction Management Phase $17,850
Total Additional Services $32,895
Amendment to Roof Consulting Service Contract with K2N (rest, Inc.
March 7, 2008
Page 2
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None
FINANCIAL IMPACT
The amendment to the agreement with K2N Crest will total '32,895. Funding for the consultant
in the amount of$58,500 is budgeted and $58,500 available n the Water Fund, account number
401-4004-771.93-36, "Major Repairs/Buildings and Structur:s," project number 409804, "Slade
Ave. Roof Repair," The repairs to Slade Ave. roof were a arded in 2007 to be completed in
2008. .Funding in the amount of $1,700,000 was budget-d for the purchase of the Elgin
Recreation Center and $410,003 available for repairs to t - building in the Riverboat Fund,
account number 275-0000-791.92-31, "Capital Addition/Land," project number 039730,
"Property Acquisition ERC."
LEGAL IMPACT
None
ALTERNATIVES
1. The City Council may choose to approve the ame dment to the consulting services
agreement with K2N Crest.
2. The City Council may choose not to approve the cons lting services agreement with K2N
Crest and postpone repairs on the leaking roofs until 2109.
Respectfully submitted for Council consideration.
RH