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HomeMy WebLinkAbout04-288 t Resolution No. 04-288 RESOLUTION AUTHORIZING EXECUTION OF A FIRST AMENDED AGREEMENT WITH BERNA ARCHITECTS &DESIGN FOR ARCHITECTURAL SERVICES UNDER THE FACADE IMPROVEMENT PROGRAM (217-219 National Street) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that David M.Dorgan,City Manager,and Dolonna Mecum,City Clerk,be and are hereby authorized and directed to execute a first amended agreement on behalf of the City of Elgin with Berna Architects& Design for architectural services under the Facade Improvement Program for the property located at 217-219 National Street, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: October 27, 2004 Adopted: October 27, 2004 Vote: Yeas: 6 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk f t FIRST AMENDED AGREEMENT THIS AGREEMENT is made and entered into this day of Q LT6/3 G 2 , 2004, by and between the City of Elgin, Illinois, a municipal corporation, (hereinafter referred to as "City") and BERNA ARCHITECTS & DESIGN, an Illinois professional corporation, (hereinafter referred to as "ARCHITECT") . WHEREAS, the CITY has agreed as part of its Fagade Improvement Program to assist with improvements to the exterior of the fagade of the building at 217-219 National Street, Elgin, Illinois, to include restoring the front and rear facades of the building (hereinafter referred to as the "PROJECT") ; and WHEREAS, ARCHITECT has submitted a proposal to provide certain architectural services for the requested improvements for 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. WHEREAS, the parties hereto have previously entered into a Fagade Improvement Program Agreement, dated May 21, 2003 (hereinafter referred to as "Original Agreement") ; and WHEREAS, the parties hereto wish to amend the Original Agreement to reflect revised costs and scope of work. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows 1 . SCOPE OF SERVICES The ARCHITECT shall perform the services for the PROJECT during the Schematic Design Phase, Design Development Phase, Construction Documents Phase, Bidding or Negotiation Phase, and Construction Monitoring Phase for improvements to the exterior facades of the building including restoring the storefronts to their original configuration, masonry cleaning, tuckpointing, window and door replacement, exterior lighting, canopy treatments and restoration of exterior architectural features . All work hereunder shall be performed under the direction of the CITY' s Urban Design & Preservation Specialist . 2 . 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 CITY 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. 3 . PAYMENTS TO ARCHITECT A. The CITY shall pay the ARCHITECT for services provided under this Agreement a fixed fee of $16, 589. 00, regardless of actual time expended or actual costs incurred by the ARCHITECT. Such fee of $16, 589 . 00 includes all reimbursable expenses. 4 . INVOICES A. The ARCHITECT shall submit invoices in a format approved by the CITY. B. The ARCHITECT shall maintain records showing actual time devoted and 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 . 5. TERMINATION OF AGREEMENT Notwithstanding any other provision hereof, the CITY may terminate this Agreement at any time upon fifteen (15) days prior written notice to the 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 "Original Agreement. " 6. 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 5, 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 2 have or thereafter acquire with respect to any term or provision of the Agreement. 7 . 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 fifteen (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 CITY relative to a claim submitted by the ARCHITECT, all work required under this Agreement as determined by the CITY shall proceed without interruption. 8 . 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 . 9 . 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, attorneys fees, damages or other relief, including but not limited to workers compensation claims, in any way resulting from or arising out of negligent actions or omissions of the 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. The provisions of this paragraph shall survive any expiration and/or termination of this Agreement. 10 . 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, 3 approval or attempted execution of this Agreement . 11 . INSURANCE 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 CITY as evidence of such insurance protection. The policy shall not be modified or terminated without thirty (30) days prior written notice to the CITY. 12 . 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 for safety precautions and programs in connection with the construction, unless specifically identified in the Scope of Services . 13 . NONDISCRIMINATION In all hiring or employment made possible or resulting from this Agreement, there shall be no discrimination against any employee or applicant for employment because of sex, age, race, color, creed, national origin, marital status, of the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification, and this requirement shall apply to, but not be limited to, the following: employment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this Agreement on the grounds of sex, race, color, creed, national origin, age except minimum age and retirement provisions, marital status or the presence of any sensory, mental or physical handicap. Any violation of this provision shall be considered a violation of a material provision of this Agreement and shall be grounds for cancellation, termination or suspension, in whole or in part, of the Agreement by the CITY. 14 . ASSIGNMENT AND SUCCESSORS This Agreement and each and every portion thereof shall be binding upon the successors and the assigns of the parties hereto; provided, however, that no assignment shall be made without the prior written consent of the CITY. 4 15. DELEGATIONS AND SUBCONTRACTORS Any assignment, delegation or subcontracting shall be subject to all the terms, conditions and other provisions of this Agreement and the 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. Any proposed subcontractor shall require the CITY' s advanced written approval. 16. NO CO-PARTNERSHIP OR AGENCY This Agreement shall not be construed so as to create a partnership, joint venture, employment or other agency relationship between the parties hereto. 17 . SEVERABILITY The parties intend and agreed that, if any paragraph, sub- paragraph, phrase, clause or other provision of this Agreement, or any portion thereof, shall be held to be void or otherwise unenforceable, all other portions of this Agreement shall remain in full force and effect . 18 . HEADINGS The headings of the several paragraphs of this Agreement are inserted only as a matter of convenience and for reference and in no way are they intended to define, limit or describe the scope of intent of any provision of this Agreement, nor shall they be construed to affect in any manner the terms and provisions hereof or the interpretation or construction thereof. 19. MODIFICATION OR AMENDMENT This Agreement and its attachments constitutes the entire Agreement of the parties on the subject matter hereof and may not be changed, modified, discharged or extended except by written amendment duly executed by the parties . Each party agrees that no representations or warranties shall be binding upon the other party unless expressed in writing herein or in a duly executed amendment hereof, or change order as herein provided. 20 . APPLICABLE LAW This Agreement shall be deemed to have been made in, and shall be construed in accordance with the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any 5 rights pursuant to this Agreement shall be in the Circuit Court of Kane County, Illinois . 21 . NEWS RELEASES The ARCHITECT may not issue any news releases without prior approval from the CITY, nor will the ARCHITECT make public proposals developed under this Agreement without prior written approval from the CITY prior to said documentation becoming matters of public record. 22 . COOPERATION WITH OTHER CONSULTANTS The ARCHITECT shall cooperate with any other consultants in the CITY' s employ or any work associated with the PROJECT. 23. 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. 24 . 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 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 . 6 25. WRITTEN COMMUNICATIONS All recommendations and other communications by the ARCHITECT to the CITY and to other participants which may affect cost or time of completion, shall be made or confirmed in writing. The CITY may also require other recommendations and communications by the ARCHITECT be made or confirmed in writing. 26. NOTICES All notices, reports and documents required under this Agreement shall be in writing and shall be mailed by First Class Mail, postage prepaid, addressed as follows: A. As to CITY: Sarosh Saher Urban Design & Preservation Specialist City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 B. As to ARCHITECT: Greg Berna Berna Architects & Design 221 DuPage Street Elgin, Illinois 60120 27 . This agreement shall amend and supersede the Original Agreement between the parties hereto in all respects . IN WITNESS WHEREOF, the undersigned have entered into and executed this Agreement on the date and year first written above. FOR THE CITY: FOR THE ARCHITECT: CITY OF ELGIN BERNA ARCHITECTS & DESIGN By: By: David Dorgan Greg erna 7 City Manager Attest: © 7 Dolonna Mecum City Clerk 8 1 Y a Attachment A Item Amount $ Original Agreement $13, 589. 00 Change Order #1 $3, 000 . 00 Total $16,589.00 9 1 - C it of E I I C1 Agenda Item No. Y g t September 17, 2004 TO: Mayor and Members of the City Council ALIVE DOWNTOWN FROM: David Dorgan, City Manager Sarosh Saher,Urban Design &Pre ervation Specialist SUBJECT: Change Order#1 - Facade Project for 217-219 National Street Owned by Mr. Rodney Cavitt PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider a change order to the Facade Improvement project for the property located at 217-219 National Street. RECOMMENDATION It is recommended that the City .Council approve Change Order #1 to allow for remedial structural work on the front fagade along with additional architectural and engineering services in the amount of$12,725.00 for the property at 217-219 National Street. BACKGROUND In October 2003, a Facade Improvement project was approved to restore the front and rear fagade of the property at 217-219 National Street, owned by Mr. Rodney Cavitt. The building is located in the National Street corridor between Raymond Street and Wellington Avenue and was built at the turn of the last century. The property was eligible for funding under the State & National Street Facade Improvement Program which offers property owners a grant of 50% of the cost of exterior fagade improvements up to a maximum of$100,000.00. The scope of work approved in 2003 included restoration of the front and rear fagade of the building, addressing such items as restoring the storefronts to their original configuration, masonry cleaning, tuckpointing, window and door replacement, exterior lighting, and canopy treatments. On the rear of the building a non-original addition to the building was proposed to be removed and the rear stairs and deck reinstated. The building was also proposed to be made accessible through the construction of a new ramp on the front elevation. The total cost of the project amounted to $146,626.70, with the City's participation at 50% amounting to $73,313.35. The City had also obtained the services of Greg Berna of Berna Architects and Design of Elgin to develop the drawings and specifications, along with a cost estimate for the project which would enable the property owners to bid out and obtain the minimum two required bids for the work. As part of the program, architectural services were paid for by the City($13,589.00). Facade—217-219 National Street—Change Order#1 September 17,2004 Page 2 Work is currently under way on the project. However, after removing the non-original front fagade that covered the original structure, it was determined that the masonry structure below grade holding up the fagade was considerably deteriorated and the structural steel columns and beams had failed. The architect, Mr. Greg Bema of Berna Architects and Design has provided a detailed report on the existing condition of the footing and recommended that a complete structural assessment for remediation be provided by a certified structural engineer. The total additional cost for reconstruction of the front fagade is estimated at $19,450.00, requesting an additional City participation at 50% of $9,725.00. The cost of additional architectural and engineering services amounts to $3,000.00, which is fully reimbursed by the Fagade Improvement Program. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED The property at 217-219 National Street is located within the Elgin National Watch Historic District. The Elgin Heritage Commission's Design Review Subcommittee has reviewed and approved the work proposed to the property, and issued a Certificate of Appropriateness (COA). �.,FINANCIAL IMPACT The proposed change order for the project will be charged to Project No. 079832 and will amount to $12,725.00. The 2004 budget in the State & National Street Fagade Improvement Program funded in account number 275-0000-791.78-99, Other Rehab Loans/Grants, currently shows a balance of$50,000.00. If the change order is approved, the City's total participation will amount to $99,627.35. VyEGAL IMPACT /�The existing agreements between the City of Elgin and property owners at 217-219 National Street, along with the architect, Berna Architects and Design will need to be amended. ALTERNATIVES 1. Approve Change Order #1 to allow for additional structural work on the front fagade along with additional architectural and engineering services in the amount of$12,725.00 for the property at 217-219 National Street. 2. Reject the requested Change Order#1. Respectfully Submitted for Council consideration. e0o' SBS/sr Attachments BERNA ARCHITECTS & DESIGN 221 DuPage Street Elgin,Illinois 60120 (847) 697-0260 RECEIVED PROPOSAL AUG 3 0 1004 Planning Department August 16,2004 CITY OF ELGIN 150 DEXTER COURT Mr. Sarosh Saber ELGIN, ILLINOIS 60120 Urban Design and Preservation Specialist City of Elgin 150 Dexter Court Elgin,IL. 60120 RE: 217—219 National Street,Elgin, Illinois Dear Mr. Saber: In response to onsite conditions of the North wall after selective demolition, structural work on the existing fapde is required. I am submitting the following proposal to expand the Fagade Program for 217—219 National Street. This expansion would include the designing of the foundation wall, footings and detailing structural steel to the existing structure. The structural issue of the front wall includes existing masonry piers that have deteriorated and steel columns and beams that have failed. Rain water from the sidewalk has infiltrated and has deteriorated the structural elements causing the front brick and storefront to sag in the middle of the front fagade several inches. The condition has broken windows and bricks. Masonry has fallen out of the front faVade and window openings have become stuck shut because of the sagging conditions. This work should be done as soon as possible due to the nature of the poor condition of the existing structure which is temporarily shored up. This work coincides with the sidewalk work and ramp that was already proposed. The work on the sidewalk, ramp and fagade cannot continue until a new wall is constructed to hold up the failed columns,walls and beams. The existing columns are literally dangling at this time, because the beams they sat on have washed away. Please find photos enclosed of the existing conditions and note the deteriorated beams and masonry. A structural engineer must provide the detailing for the new steel connections to the old structure, design foundation and footing for the front of the building within the confines of the existing building. The engineer must analyze the roof,second floor, first floor and existing basement structure to calculate the loads involved in the whole front of the building,not just the front wall. These calculations and analysis should be done by a licensed structural engineer to insure a complete design of these major structural elements. 1. Greg Berna will be involved in coordinating the plans, specifications,and construction visits. Pease Borst Associates LLC are the structural engineers that will be providing the structural engineering. 2. The lump sum for these services is: $3,000.00. 3. The cost for the new foundation wall and footing is being estimated and will provide as soon as possible. 4. Additional Services: Not included are surveys, soils and EPA testing,permit costs, printing bid sets for contractors, and extensive redesigning due to major unknown structural conditions or vaults. 5. Qualifications: Services will be provided by a licensed and in architect and a licensed and insured structural engineer. This proposal is binding for 60 days. Submitted by: Greg Berna RECEIVED AUG 3 0 7004 Planning Department CITY OF ELGIN 150 DEXTER COURT ELGIN, ILLINOIS 60120 Sep 07 04 12: 15p Berna (847) 697-0286 p.2 Tuesday.September 07,20D4 813 AM Mike Woodward 847-895-0182 p.01 September 7,2004 From: M&R BUILDERS 636 Center Street Elgin,I1. 60120 847-693-0162 To: BERNA ARCHITECTS&DESIGN RECEIVED 221,DuPage Street Elgin,Il. 60120 1';'E E 0 7 2004 847-697-0260 Planning Department Re: 217-219 National Street Fagade Improvement Program CITY OF ELGIN 150 DEXTER COURT Dear Mr.Berna: ELGIN, ILLINOIS 69120 This letter is to address the construction cost changes due to the actual site conditions found upon initiating demolition work. As you are well aware,the deterioration of the steel beams,column.%and masonry oolumny supporting the entire second floor has made it ncces.wy to revise our initial construction plan involving the front wall and support for the 2nd floor steel beam. Upon rcviewing the plan provided by the structural engineer it was put out for a revised bid based upon the new work required. Total additional costs for the reconstruction work will result in an increase in costs of S 19,450.00. Mainly this is due to the support of the entire 2`"floor while the work is being completed and the costs of the concrete/steel reinforcing for the new front concrete wall. Instead of a temporary bracing to reinforce the front colunms while we in called the new masonry supports in the basement we had to bring in a house mover to support the entire front 2"floor since sidewalk,steel beams,and existing masonry columns have to be removed in their entirety. Instead of installing concretc block on the lower level bctwccn the existing masonry colun ms and reinforcing the two main support columns as originally propowd actual conditions require the entire removal of the TOMMY columns along with the horizonW steel beams supporting the storefront above and the front sidewalk. As per the s1ructtural engineers design we will have to install new footings and walls along with the steel reinforcing as required to support the front of the building. Demolition of the front sidewalk will have to be done in sections as we have to be carefull not to disturb the house jacks holding the front of the building. If you have any questions or would like any further clarification on the breakdown of costs feel flee to call. I would be happy to supply you with arty and all information you require. Reipectfully, Michael J.Woodward for M&R BUILDERS FOOTING- -t _ _-... - - - - — -,--� , 3 p� -r<> ✓. _ . ; — _ _ _ _ _ — '� ' 3 SOUTH (REAR) ELEVATION 1/411=1 —011 T��D hoST A2 1, a h!-I ICI GOB C) A� It D I -1-o EXJ'-�TI6 COL• '"� �E�J srctrzc "r Goo afl ire W/ r t,- 4 m yd2 !h!-G�551gL� f7�otZ t7P�J�py/��. INTERIOR NOT IN CONTRAC 0- to co«TC ��j''S M�E2 0 si. F A (o1CL IC7XfO�w A-` IRS UPS o RAMP UP I E ® 6 ' 1 RISE PER 12,�RUN READS ` 1 l2"" LTG, ��/ g" �►JU ttilE.l.� (Z> �sr� ���5 GSLd.fJLJLAiL 'F1L{. �''' V�R_+:='`i'' �icP'f� `� r I�;�,.:> /�PP20�. �Zi'•O"•%D��? v � � l`kI s (3 43'-5" V �'�.>✓�'I�� ar.t<tiG. -r^a. .�,r� a.uT'o�m G RECE E D �}.c, acLE .R'.. paArL c7P�5rz. 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