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HomeMy WebLinkAbout01-3 • . , Resolution No. 01-3 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH LARSON KRAMER AND ASSOCIATES LTD. FOR THE SPORTS COMPLEX GOLF COURSE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Joyce A. Parker, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Larson Kramer and Associates Ltd. for architectural services for the clubhouse and maintenance facility at the Sports Complex Golf Course, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: January 10, 2001 Adopted: January 10 , 2001 Omnibus Vote : Yeas 4 Nays 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk AGREEMENT THIS AGREEMENT, made and entered into this 13th day of December, 2000, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as CITY ) and Larson Kramer and Associates LTD.(hereinafter referred to as "ARCHITECT"). WHEREAS, the CITY desires to engage the ARCHITECT to furnish certain professional . services in connection with The Sports Complex Golf Course (hereinafter referred to as the "PROJECT"). AND WHEREAS, the ARCHITECT represents that he is in compliance with Illinois Statutes relating to professional registration of individuals and has the necessary expertise and experience to furnish such services upon the terms and conditions set forth herein below. NOW, THEREFORE, it is hereby agreed by and between the CITY and the ARCHITECT that the CITY does hereby retain the ARCHITECT for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged to act for and represent it in all engineering matters involved in the PROJECT, subject to the following terms and conditions and stipulations, to-wit: • I. SCOPE OF SERVICES A. All work hereunder shall be performed under the direction of the Director of Parks and Recreation of the CITY, herein after referred to as the "DIRECTOR". B. The services provided will be as they are outlined as follows: 1. Conduct interviews with the Sports Complex Project Leadership Team and other groups as determined by the DIRECTOR. Page 2 2. Interview Parks & Recreation Director, Golf Manager, Golf Professional and staff for purpose of identifying information for comprehensive architectural services as determined by the DIRECTOR 3. Provide all comprehensive Architectural/Engineering, Food & beverage Service Design, Interior Furnishings, Landscape Design Services including the following: A. PROGRAMMING (5% of Fee) 1. Establish CITY's requirements and programming through meetings, interviews, etc as determined by the CITY with a final written program and spacial allocation and basic Pro-Forma. B. SCHEMATIC DESIGN PHASE (10% of Fee) 1. Develop Schematic Design plans and alternative schemes as determined necessary by the CITY for the Clubhouse and Maintenance Building as well as layout of parking Lot and other related facilities. 2. Determine Budget for the above plans. C. DESIGN DEVELOPMENT PHASE (20% of Fee) 1. Complete Design Development drawings of the proposed clubhouse, maintenance building and related facilities at 1/4" scale including basic architectural, structural, mechanical, electrical, and civil elements to determine scope of construction project. 2. Determine Budget for the above plans. D. CONSTRUCTION DOCUMENTS PHASE (40% of Fee) 1. Develop complete contract documents for the maintenance building. 2. Determine specifications and bid documents. Page 3 E. BIDDING OF COMPLETED PROJECT (5% of Fee) 1. Pre approve all bidders and coordinate bid opening with CITY. 2. Review and tabulation of all bids received. 3. Recommendation of the successful bidder and cordination with CITY for awarding contract and assistance of Contract preparation as required by the DIRECTOR. F. OBSERVATION OF CONSTRUCTION (20% of Fee) 1. Provide periodic field observation of construction as needed and determined by the DIRECTOR. 2. Review contractor's application for payment and forward invoice for processing. 3. Review all shop drawings as required by DIRECTOR. 4. Accept or reject work on owners behalf, report any work not conforming to Contract Documents. 5. Determine general punch list and oversee completion of punch list items. Prepare written final acceptance of construction project and preform a one year review evaluation. G. ADDITIONAL SERVICES INCLUDED 1. A Clubhouse Parking Lot layout will be prepared in the form needed by the DIRECTOR for engineers use on the project. 2. All Food and Beverage Service Design, Interior Design and Clubhouse Site Landscape Design are included as services required as determined by the DIRECTOR. Page 4 II. PROGRESS REPORTS A. An outline project milestone schedule is provided as follows: February 28, 2001 Programming Phase (Clubhouse and Maintenance Facility) March 30, 2001 Schematic Design Phase (Clubhouse and Maintenance Facility) April 30, 2001 Design Development Phase (Clubhouse and Maintenance Facility) May 31, 2001 Construction Development Phase (Maintenance Facility) June 29, 2001 Bidding Phase (Maintenance Facility) September 15, 2001 Construction Completed (Maintenance Facility) B. The Architect will submit to the Director monthly a Status Report keyed to the Project Schedule. A brief narrative will be provided identifying progress, findings and outstanding issues. III. WORK PRODUCTS All work products prepared by the ARCHITECT pursuant hereto including, but not limited too, reports, designs, calculations, work drawings, studies, photographs, models and recommendations shall be the property of the CITY and shall be delivered to the CITY upon request of the DIRECTOR provided, however, that the ARCHITECT may retain copies of such work products for its records. Such work products are not intended or represented to be suitable for reuse by the CITY on any extension to the PROJECT or on any other project, and such reuse shall be at the sole risk of the CITY without liability or legal exposure to the ARCHITECT. IV. PAYMENTS TO THE ARCHITECT (Not To Exceed Method) A. For services provided the ARCHITECT shall be reimbursed at a total fee not to exceed 6.5% OF THE MAINTENANCE FACILITY CONSTRUCTION COST of $880,000 or $57,200 and 35% of 6.50% OF THE CLUBHOUSE CONSTRUCTION COST of$4,000,001 or $91,000 regardless of the actual costs incurred by the ARCHITECT unless substantial modifications to the scope of the work are authorized in writing by the DIRECTOR. Page 5 B. The following is a detailed fee schedule per project. 1. Maintenance Facility Architectural Design Fees included are billed at 6.5% of the cost of construction which is estimated to total $780,000 to $880,000. The architectural fees would be a not to exceed amount of$57,200. 2. Clubhouse Architectural Design Fees will vary depending on the cost of construction as determined by the Design Development Phase and outlined in the chart below: Cost of clubhouse construction up to $2.5 million 7.5% ($187,500 Max.) Cost of clubhouse construction $2.5 million to $3 Million 7.25% ($217,500 Max.) Cost of clubhouse construction $3 million to S3.5 Million 7.0% ($245,000 Max.) Cost of clubhouse construction $3.5 million to $4 Million 6.75% ($270,000 Max.) Cost of clubhouse construction over 4 million 6.5% 35% of the clubhouse architectural scope of services, through Design Development will be completed as part of this phase I of the clubhouse development. The architectural fees for this phase I would be a not to exceed amount of$91,000. C. For outside services provided by other firms or subconsultants, the CITY shall pay the ARCHITECT the invoiced fee to the ARCHITECT. D. The CITY shall make periodic payments to the ARCHITECT based upon actual progress within 30 days after receipt and approval of invoice. Said periodic payments to the ARCHITECT shall not exceed the amounts shown in the following schedule, and full payments for each task shall not be made until the task is completed and accepted by the DIRECTOR. V. INVOICES A. The ARCHITECT shall submit invoices in a format approved by the CITY. Progress reports (IIB above) will be included with all payment requests. B. The ARCHITECT shall maintain records showing actual time devoted and Page 6 cost incurred. The ARCHITECT shall permit the authorized representative of the CITY to inspect and audit all data and records of the ARCHITECT for work done under this Agreement. The ARCHITECT shall make these records available at reasonable times during the Agreement period, and for a year after termination of this Agreement. VI. TERMINATION OF AGREEMENT • Notwithstanding any other provision hereof, the CITY may terminate this Agreement at any time upon fifteen (1 5) days prior written notice to the ARCHITECT. In the event that this Agreement is so terminated, the ARCHITECT shall be paid for services actually performed and reimbursable expenses actually incurred prior to termination, except that reimbursement shall not exceed the task amounts set forth under Paragraph IV above. VII. TERM This Agreement shall become effective as of the date the ARCHITECT is given a notice to proceed and, unless terminated for cause or pursuant to Article V, shall be deemed concluded on the date the CITY determines that all of the ARCHITECT'S work under this agreement is completed. A determination of completion shall not constitute a waiver of any rights or claims which the CITY may have or thereafter acquire with respect to any term or provision of the Agreement. VIII. NOTICE OF CLAIM • If the ARCHITECT wishes to make a claim for additional compensation as a result of action taken by the CITY, the ARCHITECT shall give written notice of his claim within 15 days after occurrence of such action. No claim for additional compensation shall be valid unless so made. Any changes in the ARCHITECT'S fee shall be valid only to the extent that such changes are included in writing signed by the CITY and the ARCHITECT. Regardless of the decision of the DIRECTOR relative to a claim submitted by the ARCHITECT, all work required under this Agreement as determined by the DIRECTOR shall proceed without interruption. Page 7 IX. BREACH OF CONTRACT If either party violates or breaches any term of this Agreement, such violation or breach shall be deemed to constitute a default, and the other party has the right to seek such administrative, contractual or legal remedies as may be suitable to the violation or breach; and, in addition, if either party, by reason of any default, fails within fifteen (15) days after notice thereof by the other party to comply with the conditions of the Agreement, the other party may terminate this Agreement. X. INDEMNIFICATION To the fullest extent permitted by law, ARCHITECT agrees to and shall indemnify, defend and hold harmless the CITY, its officers, employees, agents, boards and commissions from and against any and all claims, suits,judgments, costs, attorney's fees, damages or other relief, including but not limited to workers' compensation claims, in any way resulting from or arising out of negligent actions or omissions of the ARCHITECT in connection herewith, including negligence or omissions of employees or agents of the ARCHITECT arising out of the performance of this Agreement. In the event of any action against the CITY, its officers, employees, agents, boards or commissions, covered by the foregoing duty to indemnify, defend and hold harmless such action shall be defended by legal counsel of the CITY'S choosing. XI. 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. XII. INSURANCE A. Comprehensive Liability. The ARCHITECT shall provide, pay for and maintain in effect, during the term of this Agreement, a policy of comprehensive general liability insurance with limits of at least $1,000,000 aggregate for bodily injury and $1,000,000 aggregate for property damage. Page 8 The ARCHITECT shall deliver to the DIRECTOR a Certification of Insurance naming the CITY as additional insured. The policy shall not be modified or terminated without thirty (30) days prior written notice to the DIRECTOR. The Certificate of Insurance which shall include Contractual obligation assumed by the ARCHITECT under Article X entitled "Indemnification" shall be provided. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the CITY. There shall be no endorsement or modification of this insurance to make it excess over other available insurance, alternatively, if the insurance states that it is excess or prorate, it shall be endorsed to be primary with respect to the CITY. B. Comprehensive Automobile Liability. Comprehensive Automobile Liability Insurance covering all owned, non-owned and hired motor vehicles with limits of not less than $500,000 per occurrence for damage to property. C. Combined Single Limit Policy. The requirements for insurance coverage for the general liability and auto exposures may be met with a combined single limit of$1,000,000 per occurrence subject to a $1,000,000 aggregate. D. Professional Liability. The ARCHITECT shall carry Architect's Professional Liability Insurance Covering claims resulting from error, omissions or negligent acts with a combined single limit of not less than $1,000,000 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. XIII. CONSTRUCTION MEANS, METHODS, TECHNIQUES, SEQUENCES, PROCEDURES AND SAFETY The ARCHITECT shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or Page 9 for safety precautions and programs in connection with the construction, unless specifically identified in the Scope of Services. XIV. 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. XV. 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. XVI. DELEGATIONS AND SUBCONTRACTORS Any assignment, delegation or subcontracting shall be subject to all the terms, conditions and other provisions of this Agreement and the ARCHITECT shall remain liable to the CITY with respect to each and every item, condition and other provision hereof to the same extent that the ARCHITECT would have been obligated if it had done the work itself and no assignment, delegation or subcontract had been made. Page 10 Any proposed subcontractor shall require the CITY's advanced written approval. XVII. NO CO-PARTNERSHIP OR AGENCY This agreement shall not be construed so as to create a partnership,joint venture, employment or other agency relationship between the parties hereto. XVIII. SEVERABILITY The parties intend and agreed that, if any paragraph, sub-paragraph, phrase, clause or other provision of this Agreement, or any portion thereof, shall be held to be void or otherwise unenforceable, all other portions of this Agreement shall remain in full force and effect. XIX. HEADINGS The headings of the several paragraphs of this Agreement are inserted only as a matter of convenience and for reference and in no way are they intended to define, limit or describe the scope of intent of any provision of this Agreement, nor shall they be construed to affect in any manner the terms and provisions hereof or the interpretation or construction thereof. XX. MODIFICATION OR AMENDMENT This Agreement and its attachments constitutes the entire Agreement of the parties on the subject matter hereof and may not be changed, modified, discharged or extended except by written amendment duly executed by the parties. Each party agrees that no representations or warranties shall be binding upon the other party unless expressed in writing herein or in a duly executed amendment hereof, or change order as herein provided. XXI. 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 Page l l disputes or the enforcement of any rights pursuant to this agreement shall be in the Circuit Court of Kane County, Illinois. XXII. NEWS RELEASES The ARCHITECT may not issue any news releases without prior approval from the DIRECTOR, nor will the ARCHITECT make public proposals developed under this Agreement without prior written approval from the DIRECTOR prior to said documentation becoming matters of public record. XXIII. COOPERATION WITH OTHER CONSULTANTS The ARCHITECT shall cooperate with any other consultants in the CITY'S employ or any work associated with the PROJECT. XXIV. INTERFERENCE WITH PUBLIC CONTRACTING The ARCHITECT certifies hereby that it is not barred from bidding on this contract as a result of a violation of 720 ILCS 5/33E et seq. Or any similar state or federal statute regarding bid rigging. XXV. SEXUAL HARASSMENT As a condition of this contract, the ARCHITECT shall have written sexual harassment policies that include, at a minimum, the following information: A. the illegality of sexual harassment; B. the definition of sexual harassment under state law; C. a description of sexual harassment, utilizing examples; D. the vendor's internal complaint process including penalties; E. the legal recourse, investigative and complaint process available through the Page 12 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. XXVI. WRITTEN COMMUNICATIONS All recommendations and other communications by the ARCHITECT 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 ARCHITECT be made or confirmed in writing. XXVII. 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: James R. Nowicki Fiscal Services Manager City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 1 Page 13 B. As to ARCHITECT: Pete Kramer Larson Kramer and Associates LTD. 701 N York Road Hinsdale, Illinois 60521 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 By !h ) • Z41.— B City Clerk C ty Manager (SEAL) • Page 14 • For the ARCHITECT: Dated this day of , A.D.,fie" ) "OFFICIAL Si. .! " 54 ATTEST: lielsad % i SHARON A. DILLON Notary Public,State of Illinois $ i My Commission Expires 05/30/01 / .������ �� NN•'S�Q!�sSr�a65<i By ► l) I By Sec��• y -President (SEAL) 4j OF Etc, ,� .„ Agenda Item No. 4 - ;, � City of Elgin noP� 1rya� L ' December 5, 2000 '1 TO Mayor and Members of the City Council • N • fiECNEA II.NAL LEI.0 NL A NL., JLUR L C ITIZLN iUNI t115 FROM: Joyce A. Parker, City Manager SUBJECT: Golf Clubhouse and Maintenance Building Contract PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider a contract for Architectural Services with Larson - Kramer and Associates, Ltd. for the golf course maintenance building and clubhouse located at the Sports Complex. BACKGROUND As part of the development of the new golf course site at the Sports Complex, issues need to be resolved relating to operating the course. Golf operations are handled from a clubhouse and the property is maintained with equipment and staff located at a maintenance building. Representatives of The Project Leadership Team, Park Board and staff comprised a selection team. A Request for Proposal was mailed to nine firms, with eight clubhouse architectural design firms that were affiliated with the National Golf Foundation responding. The written proposals as well as firm presentations were evaluated. Larson - Kramer and Associates Ltd. was selected as the most qualified architect to design the City of Elgin facilities . Larson - Kramer and Associates Ltd. has designed over 120 golf clubhouses and related golf maintenance facilities over the past 43 years specializing in the golf field. Clubhouses locally designed by Larson - Kramer are Bartlett Hills, Bloomingdale Golf Club, Boulder Ridge Country Club, Ivanhoe, St Charles Country Club, Harbor Side International and Maple Meadows, to name a few. Larson - Kramer and Associates Ltd. is nationally recognized in clubhouse architecture and authors and lecturers on clubhouse design. few em. Golf Clubhouse and Maintenance Building December 5, 2000 Page 2 Initial clubhouse design needs to be completed to provide the golf course engineer (Patrick Engineering) information related to the clubhouse site and utility load requirements for the buildings, i . e . , size of sewer, water line size, electric requirements, elevation for site, site configuration and parking lot dimensions, dimensional information for operational staging and requirements for landscaping. The facility footprint must be established so soil borings can be taken which will determine structural issues in designing and constructing the clubhouse. Surface water flow from the clubhouse and related parking lot needs to be determined before golf course construction begins so clubhouse site preparation and golf course development costs are minimized. Regardless of when the clubhouse is built, the site will need to be prepared so it will not adversely effect future golf course construction. Therefore, architectural services will be completed through the preliminary design phase, or 35% of the architectural services . The remaining 65% of work, including bid documents, bidding and construction management will take place at such time as approved by the City Council . COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Golf Course Project Leadership Team, Parks and Recreation Advisory Board. FINANCIAL IMPACT Currently,course construct ion. Approxximately $8005 Phase II golf co 000 has been budgeted for the maintenance building. If the cost range for a maintenance building which is 10, 000 to 12, 000 square feet is $780, 000 to $880, 000, Larson - Kramer' s fee for this building is 6 . 5%, or $50, 700 to $57 , 200 . . , ... • em. Golf Clubhouse and Maintenance Building December 5, 2000 Page 3 A cost estimate for a clubhouse which has an 11, 000 to 12, 000 square foot footprint a fees for are based cost million. The construct and are the clubhouse outlined below: Cost of Construction Larson - Kramer Fee % Up to $2 . 5 Million 7 . 5% $2 . 5 Million to $3 . 0 Million 7 . 25 % $3 Million to $3 . 5 Million 7% $3 . 5 Million to $4 Million 6. 75 % Over 4 Million 6 . 5% Using the $3-4 million range for the clubhouse cost, the architectural preliminary design fees would total $73, 500 to $91, 000 . Therefore, the total cost of Larson - Kramer' s fee for the design and construction of the maintenance building and the preliminary tow design of the Clubhouse is anticipated to be $124, 200 to $148, 200 . It was originally anticipated that all costs associated with the development of the clubhouse would be funded through the issuance of bonds and repaid by fees generated by the golf operation. Adequate funds are budgeted and available for the maintenance facility portion of these mber expenses 3 5 OOOt7 95130899$57, 200� Funding dingt l has not Bond Fund, account nu been established for any aspects of the clubhouse design and construction. Therefore, the additional funding needed for the he architectural design develostbudgetbi�uthewaboveeapcoduntrandtbe current golf course development reimbursed upon issuance of the bonds . VV01// LEGAL IMPACT None . ALTERNATIVES The alternative for this proposal would be not to enter into a contract with Larson - Kramer and Associates Ltd. for clubhouse e/'k design and maintenance building design and development services . F Golf Clubhouse and Maintenance Building December 5, 2000 Page 4 RECOMMENDATION It is recommended that the Mayor and members of the City Council approve the contract with Larson - Kramer and Associates Ltd. for design services of the clubhouse and design and development of the golf maintenance building at a not-to-exceed amount of $148, 200 . • Res.ectfully submitted, (/ J. e A / Parker City Manager ML r f Clubhouse Architect Eyaluation The Ranking systems below will define a short list of Architects for interviews based on written proposals. The results of the rating sheet arc outlined below and in both ranking show four top finishers for interviewing. Rank System 1 -Average Score 1. P1-1N 85.20 2. Larson Kramer 82.00 3. Williams 76.00 4, Surnidgc Cassell 74.40 5. OKW 62,60 6. Patrick 62.00 7. Acree 57.60 8. Epstein 43.80 Rank System 2-Rank Order Scoring Points given for highest rank/evaluator are eight(8) and progressively less to the lowest ranking firm receiving a one(1). rik Jim Steve Mike Tom Dick Total PaN 8 8 8 6.5 8 38.50 Larson Kruncr 7 6 7 8 7 35.00 Williams 6 7 5 5 6 29.00 .Buniidge Cassell 5 5 6 6.5 4.5 27.00 OKW 4 2 3 3 4.5 16.50 Patrick 3 3 2 4 3 15.00 Acree 2 4 4 1.5 2 13.50 Epstein 1 1 1 1.5 1 5.50 The top four firms were asked to interview and after oral interviews the committee decided to offer Larson Kramer the top slot based on the experience over PHN. The decision was reached by the committee as a unanimous choice based on oral presentation. NO/NOs iz:91 (fuhl000z-co-330