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Resolution 2018-04 Resolution No. 2018-04 A RESOLUTION OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS, AUTHORIZING A SERVICE AGREEMENT FOR BUILDING PLAN REVIEW AND INSPECTIONS WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City") is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, the City is responsible to review all plans submitted for commercial, residential and industrial development for zoning, building code compliance and appearance code compliance and the issuance of all building permits as well as permits for signs, decks, fences and pools; and, WHEREAS, the City's Building Safety and Zoning Department (the "Department') provides such services on behalf of the City; and, WHEREAS, the volume of the applications for permits continues to increase and the City believes that assistance with the required reviews is warranted in order to continue its goal of short "turn-around" times in order to maintain the City's competitive advantage to encourage new development; and, WHEREAS, after review of several service providers, the Department has determined that B&F Construction Services, Inc., an Illinois corporation, has the staff with the professional experience, skill and competence to provide the Department with the assistance it needs; and, WHEREAS, the Department hereby recommends that the City Council to enter into the Service Agreement for Building Plan Review and Inspections with B&F Construction Code Services, Inc., as attached hereto. Resolution No.2018-04 Page 1 NOW, THEREFORE, BE IT RESOLVED, by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. The Service Agreement for Building Plan Review and Inspection by and between the City and B&F Construction Code Services, Inc., in the form attached hereto and made a part hereof is hereby approved, and the Mayor and City Clerk are hereby authorized to execute same and deliver said Agreement on behalf of the United City of Yorkville. BE IT FURTHER RESOLVED that this Resolution shall be in full force and effect from and after its passage and approval as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this 013 day of J 44 Qft Y ,A.D. 2018. 7DEPUTY City Clerk CARLO COLOSIMO ave._ KEN KOCH ave, JACKIE MILSCHEWSKI ave ARDEN JOE PLOCHER GL 8 CHRIS FUNKHOUSER a e JOEL FRIEDERS ave SEAVER TARULIS aste ALEX HERNANDEZ QV ei APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this a3 day of J 414(jggY , A.D. 2018. Mayor Attest: DEP4)lY City Clerk Resolution No.2018- Page 2 UNITED CITY OF YORKVILLE SER VICES A GREEMENT FOR B UILDING PLAN REVIEW AND INSPECTIONS THIS SERVICES AGREEMENT(the "AGREEMENT") is made and entered into on this 7th day of November, 2017, by and between the United City of Yorkville (CITY) and B&F Construction Code Services, Inc.(CONTRACTOR)for services set forth in Exhibit A("Services"). WITNESSETH that in consideration of the covenants herein,these parties agree as follows: SECTION]. BACKGROUND. United City of Yorkville has adopted codes and ordinances that are intended to improve and protect the health,safety and welfare of the general public.These ordinances seek to promote a desirable neighborhood living environment and preserve property values. United City of Yorkville Building Safety and Zoning department is responsible for building permits and a variety of other services such as zoning reviews,building code compliance and appearance code regulations of all plans submitted for commercial,residential, industrial properties,as well as and miscellaneous permits such as signs,decks,fences,and pools.The building code reviews utilize the 2009 International Code Council (ICC)codes with amendments,2008 National Electric Code(NEC)with amendments and 2012 International Energy Conservation Code(IECC). Some residential developments were approved with legacy codes locked in for a set period of time according to their annexation agreement.These developments are allowed to build to codes from the 2000 IBC and 2006 IBC depending on their respective agreements. The City currently provides building plan review and inspection services with in-house staff. There are currently two (2)full-time building department staff members maintaining the petitioner's construction schedules.The plan reviews and inspections are done within a short period time to facilitate the customer's needs to complete their residential and commercial projects. It is necessary to maintain short turn-around times to provide the City with a competitive advantage to encourage new development within the City.At certain times,the total number of permits issued in 2015 was 605 and 855 permits were issued in 2016. Due to limited staff and specialization,training, and licensing held by staff,the City is contracting with B&F Construction Code Services,Inc.to assist with inspections and various plan review-services. SECTION 2. NOTICES: All notices,notices,requests,claims,demands and other official communications herein shall be in writing. Such notices shall be given(i)by delivery in person,(ii) by a nationally recognized commercial courier service;or(iii)by United States Postal Service, registered mail,postage prepaid and return receipt requested.Notices shall be effective upon actual delivery to the other Party at the following addresses: United City of Yorkville Attn: Bart Olson,City Administrator 800 Game Farm Rd Yorkville, IL 60560 (630) 553-4350 11Page B & F Construction Code Services,Inc. Attn: Richard A. Piccolo 2420 Vantage Dr Elgin, IL 60124 (847)428-7010 SECTION 3. CONTRACT TERM: The term of this Agreement will begin upon the full execution of this Agreement and terminate upon thirty(30)days written notice by either party. Both parties agree to follow the termination procedure outlined in Section 10.1. SECTION4. FEE SCHEDULEANDPAYMENTS.• The City shall pay the CONTRACTOR for the services performed or furnished,based upon the CONTRACTORS'S fees outlined in Exhibit A. The CONTRACTOR may submit invoices for payment at the address set forth above,together with reasonable supporting documentation for services rendered, The CITY may require such additional supporting documentation as they reasonably deem necessary or desirable. Payments shall be due and owing by the CITY in accordance with the terms and provisions of the Local Government Prompt Payment Act,Illinois Compiled Statutes,Ch. 50, Sec. 505,et.seq.; SECTIONS. CONTRACTOR'S RESPONSIBILITY.• CONTRACTOR shall perform the Services outlined in Exhibit A in accordance with the degree of professional skill,quality and care ordinarily exercised by members of the same profession currently practicing in the same location under comparable circumstances and as expeditiously as is consistent with professional skill and the orderly progress of the Project.All CONTRACTOR'S personnel are certified and/or licensed to provide the services that they are assigned to. CONTRACTOR will endeavor in good faith,as needed,to obtain from the Director of Community Development or their designee their interpretation of applicable codes and standards and will apply its professional judgment in interpreting the codes and standards as they apply to the Project at the time of performance of the Services.Notwithstanding the above,the Parties agree that if such codes or standards change during the Contract Term,CONTRACTOR will be responsible for staying up to date with industry changes and current code. If additional costs are necessary to conform to such changes or interpretations during or after execution of the Services,CONTRACTOR will seek to amend this contract prior to completing additional work. . SECTION 6. CONFIDENTIALITY.• CONTRACTOR agrees that it and its employees assigned to the CITY will not disclose any information learned during the performance of this Agreement relating to the business of the CITY that is, in fact, confidential including, without limitation, all proprietary information and trade secrets of the CITY for any purpose, provided, however, CONTRACTOR and its employees may disclose such information under any of the following circumstances: (1) disclosure thereof in good faith by a Consultant in connection with the performance of Services or activities pursuant to any valid Work Order; (2) disclosure which Consultant is advised by counsel is required by a court or other governmental agency or competent jurisdiction, provided that Consultant first gives the CITY written notice and an opportunity to prevent such disclosure or otherwise seek protection of such information, or (3) disclosure by Consultant of any such information or data which is generally known within the industry or available from other persons who do not have a fiduciary duty or obligation of confidentiality to the CITY. Notwithstanding any other provision of this Agreement, the CITY acknowledges that 2 1 P a g e CONTRACTOR and its employees are active, experienced and knowledgeable about the industry in which the CITY operate, and it is impossible for CONTRACTOR and its employees to learn information relating to the business of the CITY,or acquire ideas,know-how or technical knowledge during the Term arising out of any customized applications developed by CONTRACTOR for the CITY's specific use ("Application Development"), and not have it affect their understanding of the industry in which the CITY, its competitors and customers operate, and that such understanding may affect what CONTRACTOR and its employees do in the future within the industry, and the CITY does not expect nor request that CONTRACTOR and its employees forget what they have learned from the CITY which may be confidential. CONTRACTOR and its employees' promises of nondisclosure of the information is limited to direct express disclosure,whether written or verbal, of information which is confidential, in fact,to third parties. The parties acknowledge that the CITY is a unit of local government and that this Agreement must be approved by the CITY Council in a public meeting. The parties also agree that this Agreement is subject to the Illinois Freedom of Information Act and will be produced in response to a lawful request. SECTION 7. INDEPENDENT CONTRACTOR: There is no employee/employer relationship between the Contractor and the CITY.Contractor is an independent contractor and not the CITY's employee for all purposes,including,but not limited to,the application of the Fair Labors Standards Act minimum wage and overtime payments,Federal Insurance Contribution Act,the Social Security Act,the Federal Unemployment Tax Act,the Worker's Compensation Act(820 ILCS 305/1, et seq.). The CITY will not(i)provide any form of insurance coverage,including but not limited to health, worker's compensation,professional liability insurance,or other employee benefits,or(ii)deduct any taxes or related items from the monies paid to Contractor. The performance of the services described herein shall not be construed as creating any joint employment relationship between the Contractor and the CITY,and the CITY is not and will not be liable for any obligations incurred by the Contractor,including but not limited to unpaid minimum wages and/or overtime premiums,nor does there exist an agency relationship or partnership between the CITY and the Contractor. SECTION& APPROVAL AND USE OPSURCONTR,4CTO S. The Contractor shall perform the Services with its own personnel and under the management,supervision,and control of its own organization unless otherwise approved by the CITY in writing. All subcontractors and subcontracts used by the Contractor shall be included on the attached disclosure and be acceptable to,and approved in advance by the CITY. The CITY's approval of any subcontractor or subcontract shall not relieve the Contractor of full responsibility and liability for the provision,performance,and completion of the Work in full compliance with,and as required by or pursuant to,this Contract.If the Contractor chooses to use subcontractors to perform any of the Work,the Work performed under any subcontract shall be subject to all of the provisions of this Contract in the same manner as if performed by employees of the Contractor. Every reference in this Contract to"Contractor" shall be deemed to also apply to all subcontractors of the Contractor.Every subcontract entered into by the Contractor to provide the Work or any part thereof shall include a provision binding the subcontractor to all provisions of this Contract. If any personnel or subcontractor fail to perform the part of the Work undertaken by it in a manner satisfactory to the CITY, the Contractor shall immediately upon notice from the CITY remove and replace such personnel or subcontractor. The CITY shall have no claim for damages, for compensation in excess of the contract price, or for a delay or extension of the contract time as a result of any such removal or replacement. SECTION 9. DATA RIGHTS/ELECTRONIC FILES: All Deliverables set forth in Exhibit A shall become the property of the CITY upon payment for the service components listed in Exhibit A. 31 Page CONTRACTOR shall bear no liability or responsibility for Deliverables that have been modified postdelivery or used for a purpose other than that for which it was prepared under this Agreement. Electronic files to be delivered under this Agreement contain information to be used for the production of contract documents for the Project will become the property of the CITY. All documents produced during this project shall be considered Contract Documents and owned by the CITY to be reproduced if necessary. SECTION 10. The parties hereto further mutually agree: 10.1 This Agreement maybe terminated, in whole or in part, by either the CITY or the Contractor. However, no such termination may be effective unless the terminating party gives the other party (I) not less than thirty(30)calendar days written notice of intent to terminate, and(2)an opportunity for a meeting with the terminating party before termination. If this Agreement is terminated by either party, the CONTRACTOR shall be paid for services performed to the effective date of termination. In the event of contract termination, the CITY shall receive reproducible copies of Drawings, Specifications,Reports, and other documents completed by the CONTRACTOR. In the event of an emergency or threat to the life,safety or welfare of the citizens of the CITY,the CITY shall have the right to terminate this Agreement without prior written notice. 10.2 The CONTRACTOR agrees to defend, hold harmless and indemnify the CITY and each of its officers, agents and employees from any and all liability claims, demands, liabilities, losses, damages and/or expenses including court costs and reasonable attorney's fees to the extent that such claims, losses, damages or expenses are caused by the CONTRACTORS' negligent errors, willfull acts or omissions on the part of the CONTRACTOR during the performance of this Agreement, Such indemnification shall not be limited by reason of the enumeration of any insurance coverage herein provided.This provision shall survive completion,expiration,or termination of this Agreement. In the event claims, losses, damages or expenses are caused by the joint or concurrent negligence of the CONTRACTOR and the CITY they shall be borne by each party in proportion to its negligence. The CITY and CONTRACTOR agree that any claim made by either party arising out of any act of the other party, or any officer, director, or employee of the other party in the execution or performance of the Agreement, shall be made solely against the other party and not individually or jointly against such officer,director,or employees. 10.3 The CONTRACTOR will provide satisfactory proof of insurance naming the CITY,together with its officers,agents,employees and engineers as additional primary,non-contributory named insureds prior to commencing work.All policies shall be written on a"per occurrence" basis. The CONTRACTOR shall procure and maintain insurance for protection from claims under worker's compensation acts,claims for damages because of bodily injury including personal injury,sickness or disease or death of any and all employees or of any person other than such employees,and from claims or damages because of injury to or destruction of property including loss of use resulting therefrom,alleged to arise from the CONTRACTOR'S negligence in the performance of services under this Agreement. CONTRACTOR'S certificate of insurance shall contain a provision that the coverage afforded under the policy(s)will not be canceled or reduced without thirty(30)days prior written notice(hand delivered or registered mail)to the CITY. Contractor shall promptly forward new certificate(s)of insurance evidencing the coverage(s)required herein upon annual renewal of the subject policies.Failure of the Contractor to supply a valid certificate of 21 Page insurance,or if a previously valid certificate of insurance has expired and is not replaced, is grounds for issuance of a stop work order until such time as a valid certificate of insurance is provided. Failure of the CITY to collect or demand a certificate of insurance shall not be deemed a waiver of the requirement to provide one.The limits of liability for the insurance required by this Subsection shall not be less than the following: Property Damage $1,000,000(each accident) Bodily Injury $1,000,000(each person) $1,000,000(each accident) Workmen's Compensation Insurance: All Liability imposed by Workmen's Compensation statute Employer's Liability Insurance $2,000,000 Contractual Liability Insurance $2,000,000 Completed Operations Insurance $ 500,000 Owned,Hired,and Non-Ownership Vehicle Bodily Injury and Property Damage to the following Limits: Commercial General Liability $2,000,000(each occurrence) Automobile Liability $2,000,000 combined single limit(each accident) Umbrella Liability $2,000,000(each occurrence) $2,000,000(aggregate) Professional Liability $2,000,000(each occurrence) $2,000,000(aggregate) 10.4 The CONTRACTOR is responsible for the quality,technical accuracy,timely completion,and coordination of all Designs, Drawings, Specifications,Reports,and other professional services furnished or required under this Agreement, and shall endeavor to perform such services with the same skill and judgment which can be reasonably expected from similarly licensed professionals. Contractor must have capability of retrieving plans electronically from the City and returning them after completion of their review. The shipping and packaging of all plans are paid for by the CONTRACTOR. This includes the initial plan submittal,re-submittals and returning the plans to the City when the project is complete. 10.5 Force Majeure. Whenever a period of time is provided for in this Agreement for the Contractor or the CITY to do or perform any act or obligation,neither party shall be liable for any delays or inability to perform if such delay is due to a cause beyond its control and without its fault or negligence including, without limitation:a)Acts of nature;b)Acts or failure to act on the part of any governmental authority other than the CITY or Contractor,including,but not limited to,enactment of laws,rules,regulations, codes or ordinances subsequent to the date of this Agreement;c)Acts or war;d)Acts of civil or military authority;e)Embargoes;f)Work stoppages,strikes,lockouts,or labor disputes;g)Public disorders,civil violence,or disobedience;h)Riots,blockades,sabotage, insurrection,or rebellion; i)Epidemics or pandemics;j)Terrorist acts;k)Fires or explosions; l)Nuclear accidents; m)Earthquakes,floods, hurricanes,tornadoes,or other similar calamities;n)Major environmental disturbances; or o)Vandalism. If a delay is caused by any of the force majeure circumstances set forth above,the time period shall be extended for only the actual amount of time said party is so delayed.Further,either party claiming a delay due to an event of force majeure shall give the other party written notice of such event within three(3) business days of its occurrence or it shall be deemed to be waived. 31 Page 10.6. Assignment: Neither the CITY nor the Contractor shall assign or transfer any rights or obligations under this Agreement without the prior written consent of the other party. 10.7. Time is of the essence with respect to each provision hereof in which time is a factor 10.8. CONTRACTOR's or CITY's waiver of any term, condition, or covenant or breach of any term, condition, or covenant, shall not constitute a waiver of any other term, condition, or covenant, or the breach thereof. 10.9 Successors and Assigns:All of the terms,conditions,and provisions hereof shall inure to the benefit of and are binding upon the parties hereto,and their respective successors and assigns, provided,however,that no assignment of this Agreement shall be made without written consent of the parties to this Agreement. 10.10 Governing Law and Jurisdiction:The CONTRACTOR and the CITY agree that this Agreement and any legal actions concerning its validity,interpretation and performance shall be governed by the laws of the State of Illinois without regard to any conflict of laws provisions,which may apply the laws of other jurisdictions. It is further agreed that any legal action between the CONTRACTOR and the CITY arising out of this Agreement or the performance of the services shall be brought in a court of Kendall County in the State of Illinois. 10.11 Attorney's Fees: If litigation arises pursuant to this Agreement,the Court in such litigation shall award reasonable costs and expenses, including attorney fees,to the prevailing party.In awarding attorney fees,the Court shall not be bound by any Court fee schedule,but shall,in the interest of justice,award the full amount of costs,expenses,and reasonable attorney fees paid or ' incurred in good faith. 10.12 Additional Items: The CITY and Contractor further agree that A. If the Prevailing Wage Act Applies: Wage Rate Requirements: (1) The Contract shall be based upon payment by Contractor and his Subcontractor of wage rates not less than the prevailing hourly wage rate for each classification of worker engaged on the work as determined by the State of Illinois,Department of Labor. (2) A copy of the wage determination shall be posted by the Contractor in a conspicuous place at the site of the work where it can be easily seen by the workers. (3) The Contractor shall maintain certified time sheets and submit to the CITY with final invoice. (4) The Contractor will be required to sign a Wage Rate Requirement Certification. B. Prevailing Wage Some or all of the work herein may be subject to the provisions of Prevailing Wage Act, 820 ILCS 130/0.01 et.seq.,providing for the payment of prevailing rate wages to all laborers,workmen and mechanics engaged on work. The Contractor agrees that,prior to making any payments to its own laborers,workers,or mechanics or to any subcontractor it will determine whether it must legally pay wages in accordance with the Prevailing Wage Act,and if so legally required,pay the then-current prevailing rate of wage as determined by the Illinois Department of Labor and posted at: http//www.state.il.us/agency/idol/. 4Page The CITY may at any time inquire of the Contractor as to rates of wages being paid employees of the Contractor,and any subcontractor or material men,whereupon such information shall be promptly provided by the Contractor. The Contractor shall indemnify the CITY for any and all violations of the prevailing wage laws and any rules and regulations now and hereafter issued pursuant to said laws. The Contractor shall insert into each subcontract and into the project specifications for each subcontract a written stipulation requiring all laborers,workers and mechanics performing work under the contract to comply with the Prevailing Wage Act and to require each subcontractor to insert into each lower-tiered contract and into the project specification for each lower tiered subcontract a similar stipulation. C. Sexual Harassment: During the entire term of the contract,Contractor shall have in full force and effect a written Sexual Harassment Policy,which complies with the Illinois Human Rights Act(775-ILCS 5/1-101 et.seq.)including at least the following: 1)a statement on the illegality of sexual harassment;2)the definition of sexual harassment under Illinois Law;3)a description of sexual harassment,utilizing examples;4)an internal complaint process,including penalties;5)the legal recourse,investigative and complaint process available through the Illinois Department of Human Rights ("Department")and the Illinois Human Rights Commission("Commission");6) directions on how to contact the Department and the Commission;and 7)protection against retaliation as provided by Section 6-101 of the Act. D. Drug Free Workplace: In compliance with Illinois law,The Contractor certifies and agrees that it will provide a drug free workplace by: 1. Publishing a Statement: 2) Notifying employees that the unlawful manufacture,distribution,dispensing, possession,or use of a controlled substance, including cannabis,is prohibited in the Contractor's workplace. 3) Specifying the actions that will be taken against employees for violations of such prohibition. 4) Notifying the employee that,as a condition of employment on such Contract,the employee will: 5) Abide by the terms of the statement;and 6) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five(5)days after such conviction. 7) Establishing a drug free awareness program to inform employees about: 8) The dangers of drug abuse in the workplace; 9) The Contractor's policy for maintaining a drug free workplace; 10)Available counseling, rehabilitation,or assistance programs; and 11)Penalties imposed for drug violations. 12)Providing a copy of the Statement required by subsection(a)to each employee engaged in the performance of the Contract and to post the Statement in a prominent place in the workplace. 13)Notifying the contracting agency within ten(10)days after receiving notice of any violations as listed above. 14) Imposing a sanction on,or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program,by any employee who is so convicted,as required by Section 5 of the Drug Free Workplace Act. 15)Assisting employees in selecting a course of action in the event drug counseling, treatment,and rehabilitation are required and indicating that a trained referral team is in place. 5Page 16) Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free Workplace Act. 17)The Contractor will be required to sign a Drug Free Workplace Certification. E. Substance Abuse Prevention on Public Works Projects: Before a contractor or subcontractor commences work on a public works project as defined in 820 ILCS 130/2, the contractor or subcontractor shall have in place a written program which meets or exceeds the program requirements in the Substance Abuse Prevention on Public Works Projects Act,to be filed with the public body engaged in the construction of the public works and made available to the general public,for the prevention of substance abuse among its employees.The testing must be performed by a laboratory that is certified for Federal Workplace Drug Testing Programs by the Substance Abuse and Mental Health Service Administration of the U.S. Department of Health and Human Services.At a minimum,the program shall include all of the following: 1) A minimum requirement of a 9 panel urine drug test plus a test for alcohol.Testing an employee's blood may only be used for post-accident testing,however,blood testing is not mandatory for the employer where a urine test is sufficient. 2) A prohibition against the actions or conditions specified in 820 ILCS 265/10. 3) A requirement that employees performing the work on a public works project submit to pre-hire,random,reasonable suspicion,and post-accident drug and alcohol testing. Testing of an employee before commencing work on a public works project is not required if the employee has been participating in a random testing program during the 90 days preceding the date on which the employee commenced work on the public works project. 4) A procedure for notifying an employee who violates 820 ILCS;265/10,who tests positive for the presence of a drug in his or her system,or who refuses to submit to drug or alcohol testing as required under the program that the employee may not perform work on a public works project until the employee meets the conditions specified in subdivisions(2)(A)and(2)(B)of 820 ILCS 265/20. 10.13 Any provision or part thereof of this Agreement held to be void or unenforceable under any law shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon the parties. The parties agree that this Agreement shall be refined to replace such stricken provision or part thereof with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. 10.14 This Agreement contains and embodies the entire and integrated agreement between parties hereto and supersedes all prior negotiations,representations,or agreements,either written or oral. 61 Page IN WITNESS WHEREOF the parties hereto have executed or caused to be executed by their duly authorized agents,this contract in DUPLICATE,each of which shall be deemed original,on the day and year first written. United Cityofof Yo ville Administrator Date Attest l/r �- Title_ DEPIArl ell eLi5g/L ME Construction Code Sendcps Inc (Printed Name of Contractor) 2420 Vantage Drive 11/8/17 Address Date Elgin IL 60124 Citm '" Mate Zi Code Sitnature or Aumorizea representative Vice President 11/8/17 Title Date 7 1 P a g e WAGE RATE REQUIREMENTS CERTIFICATION IIf applicable) GENERAL 1. The Contract shall be based upon payment by Contractor and his Subcontractor of wage rates not less than the prevailing hourly wage rate for each classification of worker engaged on the work as determined by the State of Illinois, Department of Labor. 2. The Prevailing Wage Law does not prohibit payment of more than the prevailing rate of wages nor does it limit the hours of work which may be performed by any worker in any particular period of time. 3. A copy of the wage determination shall be posted by the Contractor in a conspicuous place at the site of the work where it can be easily seen by the workers. 4. The Contractor shall maintain certified time sheets and submit to the City with final invoice. B$ F on tru ion Code Servir.Pc, Inc M:77x.'4/1 (Pri(Sig ature of Authorized Repres taiive) 2420 Vantage Drive Address Elgin, IL 60124 81 Page DRUG FREE WORKPLACE CERTIFICATION In compliance with State of Illinois Compiled Statutes,Chapter 30-580,The Contractor certifies and agrees that it will provide a drug free workplace by: Publishing a Statement: A. Notifying employees that the unlawful manufacture,distribution,dispensing,possession,or use of a controlled substance, including cannabis,is prohibited in the Contractor's workplace. B. Specifying the actions that will be taken against employees for violations of such prohibition. C. Notifying the employee that,as a condition of employment on such Contract,the employee will: 1. Abide by the terms of the statement;and 2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five(5)days after such conviction. D. Establishing a Drug Free Awareness Program to inform employees about: 1. The dangers of drug abuse in the workplace; 2. The Contractor's policy for maintaining a drug free workplace; 3. Available counseling,rehabilitation,or assistance programs;and 4. Penalties imposed for drug violations. E. Providing a copy of the Statement required by subsection(a)to each employee engaged in the performance of the Contract and to post the Statement in a prominent place in the workplace. F. Notifying the contracting agency within ten(10)days after receiving notice under part(B)of paragraph(3)of subsection(a)above from an employee or otherwise receiving actual notice of such conviction. G. Imposing a sanction on,or requiring the satisfactory participation in a Drug Abuse Assistance or Rehabilitation Program,by any employee who is so convicted,as required by Section 5 of the Drug Free Workplace Act. H. Assisting employees in selecting a course of action in the event drug counseling,treatment,and rehabilitation are required and indicating that a trained referral team is in place. I. Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free Workplace Act. The undersigned affirms,under penalties of perjury,that he/she is authorized to execute this certification on behalf of the designated organization. Catstriictinn Code Senticesrinc (Prmted name of Contractor) 7490 Vantage drive Address Flain IL 60124 City `' _ State Zip C d /M A k, A 1/7 Signature of Authorized Representative 1Z VLC9 Vice President 11/8/17 Title Date 9 1 P a g e NON-COLLUSION CERTIFICATE The Undersigned Bidder is not barred from bidding for this Contract as a result of a violation of either Section 33E-3 or Section 33E-4 of Chapter 38 of the Illinois Revised Statutes concerning bid rigging, rotating,kickbacks,bribery and interference with public contracts. B&F Construction Code Services Inc. (Printed Name of Contractor) 2420 Vantage Drive Address Elain IL Mo4�a City. - "`ate Zip Cod Signature of Authorizea xepreseniative Vice President 11/8/17 Title Date 10 Page ELIGIBLE CONTRACTOR AND SUBCONTRACTOR CERTIFICATE The Undersigned Bidder is not barred from bidding for this Contract as a result of a violation of either Title 3,Chapter 1,Section 12 of The City Code regarding ineligible contractors. B&F Construction Code Services, Inc. (Printed Name of Contractor) 2420 Vantage Drive Address Elgin IL 60124 City _ n, State Zip Code LL Lj— Signature of Authorized Repr"esentative Vice President 11/8/17 Title Date 11Page STATE AND FEDERAL EQUAL OPPORTUNITY EMPLOYER CERTIFICATE The Undersigned Bidder agrees to comply with all State and Federal Equal Opportunity Employer laws. B&F Construction Code Services Inc. (Printed Name of Contractor) 2420 Vantage Drive Address Elgin IL 60124 City- - State Zip Code -J& Al'u-Idt Signature or Aumorizea representdtive Vice President 11/8/17 Title Date 12lPage EXHIBIT A SCOPE OF WORK AND FEE SCHEpULjE The scope of work will include the following components: Consulting services are available for building plan review, inspections,property maintenance inspections, department administration, assistance with zoning and planning, ordinance development and redevelopment planning. The type of projects includes: residential, mixed use and commercial projects. All first reviews are performed in nine (9)business days from date they are received in our office and second and all subsequent reviews are performed in five (5) business days. There is no additional fee for any re-reviews. All inspections are performed with less than twenty-four(24)hours notice. All inspections received by 4:00 PM will be performed the next business. Inspections are completed between the hours of 8:00 AM until 4:00 PM. CONTRACTOR must make special requests for specific times available as well as emergency inspections after hours. CONTRACTOR will provide contact information for after hour's personnel to conduct site visi-is for consultation. There is no limit to the number of reviews or inspections which can be performed. Single Family—Plan Review Single Family Homes first reviews will be performed within nine (9) business days and second reviews within five (5)business days. All fees shown below are flat fees or priced per square foot;no additional fees will be billed to the City. Single Family Homes up to 3,200 square feet: Six Hundred Thirty–Five Dollars($635.00)per dwelling unit (Includes building,plumbing, mechanical, energy and electrical). Single Family Homes over 3,200 square feet: $0.198 per square foot (actual square footage) (Includes building,plumbing, mechanical, energy and electrical) Single Family Home Additions $0.198 per square foot(actual square footage) (Includes building,plumbing, mechanical, energy and electrical) with a minimum fee of ($200.00) Two Hundred Dollars. Re-inspection fees are invoiced at the rate of Fifty-Five Dollars ($55.00)per inspection(each discipline is considered a separate inspection and is described below). Zoning- $ 75.00 per lot Exhibit A- Page 1 EXHIBIT A SCOPE OF WORK AND FEE SCHEDULE INSPECTIONS FOR SINGLE FAMILY HOMES ARE IN THE FOLLOWING ORDER FOOTING FORMS- When the forms are set and before the concrete is poured. FOUNDATION FORMS -When the forms are set and before the concrete is poured. BACKFILL - When the concrete is poured,waterproofed, drain tile is in place and covered with gravel but before the foundation is backfilled. PLUMBING UNDERGROUND -When piping is located between the floors or underground but before the covering is in place. Flushing of the underground shall be witnessed. FRAMING OR STRUCTURAL-Before any drywall, plaster or interior finish is applied. Rough-in of the electrical,plumbing,ductwork must be in place before the inspection. An inspection per floor,is required. HVAC ROUGH -When piping and ductwork is installed. ELECTRICAL ROUGH IN-When rough-in work is complete and before drywall, concrete or backfill is in place. AIR LEAKAGE-When all roughs are complete and exterior finish is complete. PLUMBING ROUGH IN -When rough-in work is complete. INSULATION -When insulation is installed prior to drywall. CONCRETE FLOOR BASEMENT-When base reinforcing is prepared and in place, and before the concrete is poured. All utilities and service equipment in the concrete must be in place before the inspection. CONCRETE FLOOR GARAGE-When base reinforcing is prepared and in place,and before the concrete is poured. All utilities and service equipment in the concrete must be in place before the inspection. ELECTRIC SERVICE- When meter socket and main panel are installed. FINAL PLUMBING- When final work is complete and before the system is operational. 4 FINAL HVAC - When all HVAC components are complete. FINAL ELECTRIC -When all electrical components are complete. FINAL BUILDING- When all Building components are complete. Exhibit A-Page 2 EXHIBIT A SCOPE OF WORK AND FEE SCHEDULE Additional inspections for driveways, sidewalks,service walks,patios or decks can be performed for an additional fee. Commercial,Industrial.Multi-Family-Plan Review Plan review fees invoiced as shown in our current fee schedule include: Building,Mechanical, Plumbing,Electric plus any additional reviews such as Energy. This does not include engineering, storm water or special use. The fees shown for Commercial, Industrial,and multi- Family include unlimited reviews,and there is no charge for re-reviews. Specialized Commercial and Industrial or processes: One Hundred and Fifty Dollars($150.00) per hour INSPECTIONS COMMERCIAL &INDUSTRIAL(New Construction,Additions, Existing 5 FOOTING FORMS -When the forms are set and before the concrete is poured. FOUNDATION FORMS -When the forms are set and before the concrete is poured. FOUNDATION BACKFILL -When the concrete is poured,waterproofed,drain the is in place and covered with gravel but before the foundation is backfilled. FRAMING OR STRUCTURAL-Before any drywall,plaster or interior finish is applied. Rough in of electrical,plumbing,ductwork must be in place before the inspection. An inspection per floor is required for all uses. HVAC ROUGH-When piping and ductwork is installed. ELECTRICAL ROUGH IN - When rough in work is complete and before the drywall,concrete or backfill is in place. PLUMBING ROUGH IN-When rough work is complete. ENERGY CONSERVATION- Inspect for energy conservation as each area is completed. ELECTRIC SERVICE- When meter socket and main panel are installed. DRYWALL -When drywall is installed prior to the taping. CONCRETE FLOORS - When base reinforcing is prepared and in place, and before the concrete is poured. All utilities and service equipment in the concrete must be in place before the inspection. FINAL PLUMBING -When final work is complete and before the system is operational. FINAL HVAC - When all HVAC components are complete. Exhibit A-Page 3 EXHIBIT A SCOPE OF WORK AND FEE SCHEDULE FINAL ELECTRIC - When all electrical components are complete. 6 STRUCTURAL FINAL- When all the work is completed. OCCUPANCY-When all the work is complete and before occupancy. Fire protection system reviews and inspections can be provided if requested. INSPECTION FEES All fees shown below are a per square foot building fee and no additional fee's will be billed to the City. Building .14.per square foot Plumbing .04 per square foot Mechanical .04 per square foot Electrical .04 per square foot Energy .02 per square foot Other Services Miscellaneous Plan Reviews: Twenty-Five Dollars ($25.00)per Trade - Miscellaneous Plan Review shall include sheds,decks,fences,pools,re-roofing, satellite dishes, appliance and minor plumbing installations. These inspections can be performed on site while performing inspections. Miscellaneous Inspections: Thirty-Five Dollars($35.00)Per Inspection(per Trade)- Miscellaneous inspections shall include sheds,decks,fences,pools, re-roofing, satellite dishes, appliance and minor plumbing installations.) Property Maintenance Inspections-These inspections can be performed as a separate project, respond to complaints or along with the normal inspections. The fee for property maintenance inspections are Sixty five Dollars ($65.00)per hour. This fee does not include any court time. Ordinance development-CONTRACTOR to provide assistance with the rewriting of existing ordinances or the development of new ordinances can be provided. This can include building, zoning,fees,property maintenance or any area where a building,zoning or planning department 7 is involved. Any ordinance related to fees or services in this contract would be prepared at no charge. This includes agreements for building inspections, property maintenance inspections,zoning and planning and ordinances for building safety, zoning and fees. Other ordinances at the rate of One Hundred Fifty Dollars($150.00)per hour. Exhibit A-Page 4 EXHIBIT A SCOPE OF WORK AND FEE SCHEDULE The current Ordinance on the Building related codes will be reviewed and updated for no charge. Zoning and Planning CONTRACTOR will provide a staff member experienced in zoning and planning to assist with the zoning,planning and downtown redevelopment. This service can be customized to fit the needs of the City. It can include zoning and planning reviews for new or potential projects or assistance with long range planning. Fees for Zonine and Planning Single Family-Seventy-Five Dollars ($75.00)per lot Commercial-One Hundred Twenty Dollars($120.00)per 10,000 square feet of site and building floor area per review Prices above do not include engineering, storm water or special use. Exhibit A-Page 5