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HomeMy WebLinkAbout06-91 Resolution No. 06-91 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH RICHARD L. JOHNSON AND ASSOCIATES, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE HEMMENS CULTURAL CENTER INTERIOR DESIGN SERVICES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Olufemi Folarin,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 Richard L. Johnson and Associates,Inc. for professional services in connection with the Hemmens Cultural Center Interior Design Services, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: April 26, 2006 Adopted: April 26, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk AGREEMENT THIS AGREEMENT is made and entered into this 26713 day of 1/Jec'L 2006, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY") and RICHARD L. JOHNSON AND ASSOCIATES, INC. , an Illinois corporation (hereinafter referred to as "ARCHITECT") . WHEREAS, the CITY desires to engage the ARCHITECT to furnish certain professional services in connection with the Hemmens Cultural Center Interior Design Services for the Lobby (hereinafter referred to as the "Project") and WHEREAS, the ARCHITECT represents that it 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 the architectural matters involved in the PROJECT as described in this Agreement, subject to the following terms and conditions and stipulations, to-wit: 1 . SCOPE OF SERVICES A. All work hereunder shall be performed under the direction of the City' s Hemmens Cultural Center Supervisor (hereinafter referred to as the "SUPERVISOR") . B. ARCHITECT shall provide the services for the PROJECT to include Phase 1: Preliminary Design Development, Phase 2: Final Design Development and Construction Documentation and Phase 3: Bidding and Construction Administration Services . A detailed Scope of Services for the PROJECT is attached hereto as Exhibit 1 . 2 . PROGRESS REPORTS A. A detailed project schedule for the PROJECT is included as Exhibit 2, attached hereto. Progress will be recorded on the project schedule and submitted monthly as a component of the Status Report described in B below. B. The ARCHITECT will submit to the SUPERVISOR monthly a Status Report keyed to the Project Schedule. A brief narrative will be provided identifying progress, findings and outstanding issues. 3 . WORK PRODUCTS All work products prepared by the ARCHITECT pursuant hereto including, but not limited to, reports, designs, calculations, work drawings, plans, design documents, probable construction costs, floor plans, elevations and sections, renderings, studies, photographs, models and recommendations shall be the property of the CITY and shall be delivered to the CITY upon request of the SUPERVISOR 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. 4 . PAYMENTS TO THE ARCHITECT A. For services provided by the ARCHITECT pursuant to the Agreement the ARCHITECT shall be reimbursed at the direct hourly rate of its personnel employed on the PROJECT at the hourly rates set forth in Exhibit 3 attached hereto, with a total fee not to exceed $32, 000 regardless of the actual time expended or the actual costs incurred by the ARCHITECT unless substantial modifications to the Scope of Work are authorized by way of written amendment to this Agreement approved by the City Council of the CITY. B. For additional services of Consultants, compensation shall be the actual cost billed to the ARCHITECT for such services . Any such additional services of Consultants shall require written amendment to this Agreement approved by the City Council of the CITY. C. For reimbursable expenses, compensation should be the actual cost billed to the ARCHITECT for such services with a ten percent (10%) markup for handling. Reimbursable expenses shall not exceed the total amount of $3, 200. D. The CITY shall make periodic payments to the ARCHITECT based upon actual progress within 30 days after receipt and approval of invoice. Full payment for each task shall not be made until the task is completed and accepted by the SUPERVISOR. 5 . INVOICES A. The ARCHITECT shall submit invoices in a format approved by the CITY. Progress reports (2B above) will be included with all payment requests. B. The ARCHITECT shall maintain records showing actual time devoted and cost incurred. The ARCHITECT shall permit - 2 - 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 . 6. 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 amounts set forth under Paragraph 4 above . 7. 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 have or thereafter acquire with respect to any term or provision of the Agreement . 8 . 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 SUPERVISOR relative to a claim submitted by the ARCHITECT, all work required under this Agreement as determined by the SUPERVISOR shall proceed without interruption. 9 . 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 . - 3 - 10 . 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 completion, expiration and/or termination of this agreement . 11 . NO PERSONAL LIABILITY No official, SUPERVISOR, 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 . 12 . 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. The ARCHITECT shall deliver to the SUPERVISOR 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 SUPERVISOR. The Certificate of Insurance which shall include Contractual obligation assumed by the ARCHITECT under Article 10 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 prorated, it shall be endorsed to be primary with respect to the CITY. - 4 - 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 SUPERVISOR as evidence of insurance protection. The policy shall not be modified or terminated without thirty (30) days prior written notice to the SUPERVISOR. 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. 5 - 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 rights pursuant to this agreement shall be in the Circuit Court of Kane County, Illinois . - 6 - 21 . NEWS RELEASES The ARCHITECT may not issue any news releases without prior approval from the SUPERVISOR, nor will the ARCHITECT make public proposals developed under this Agreement without prior written approval from the SUPERVISOR 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. 25 . WRITTEN COMMUNICATIONS All recommendations and other communications by the ARCHITECT to the SUPERVISOR and to other participants which may affect - 7 - ' 4 cost or time of completion, shall be made or confirmed in writing. The SUPERVISOR may also require other recommendations and communications by the ARCHITECT be made or confirmed in writing. I i 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: Butch Wilhelmi, Hemmens City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 With a copy to: William A. Cogley, Corporation Counsel City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 B. As to ARCHITECT: Richard L. Johnson Associates, Inc. 4703 Charles Street Rockford, Illinois 61108 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. F FOR THE CITY: FOR THE ARCHITECT: By `gc - - � By City Man=+er Attest: f � City Clerk f i F:\LegalDept\Agreement\Johnson&Associates-HemmensRemodel-InterDesignServLobby.doc 8 - i 1 EXHIBIT 1 SCOPE OF WORK AND SERVICES - 9 - Exhibit 1 Scope of Work and Services Phase 1: Preliminary Design Development Evaluate existing structural elements that will be affected by proposed design. Review existing HVAC, plumbing and electrical systems to determine if current infrastructure will accommodate the proposed renovation. Develop a schematic design based upon the project budget established by the City. Provide alternate design approaches including probable construction costs, maintainance and operations implications for review by the HCC and the Elgin City Council. Analyze alternate design concepts and construction material selections, including the use of LED and/or theatre lighting fixtures and controls and recycled building materials. Scope of project will include all interior surfaces, furniture, lighting, power, audio, data, telephone, mechanical grilles, signage, security and fire protection. The alternative designs will be reviewed with HCC and the best alternative will be refined and developed and will include floor plans, elevations, building sections and renderings. A presentaion of the final design will be presented to the Elgin City Council. Phase 2: Final Design Development and Construction Documentation Final Design Development Perform detailed documentation of building systems, materials and equipment Evaluate the most effective method of accomplishing the design solution Choose interior materials to best compliment the new and existing interior design Prepare a project timeline including major project milestones. This timeline will be included in the bid package Prepare a detailed cost estimate for the entire project A presentaion of the developed design will be presented to HCC and the Elgin City Council Construction Documentation: Prepare construction documents consisting of equipment and furnishings, architectural, structural, mechanical, electrical drawings and specifications and final statement of probable cost Construction Documents will be reviewed by HCC and the City of Elgin staff Phase 3: Bidding and Construction Administration Services Bidding Develop list of qualified bidders Issue bidding documents to bidders Schedule a mandatory pre-bid meeting Answer bidders' questions during bidding and prepare addenda and issue to bidders of changes made during bidding Review bids with HCC and City of Elgin and provide recommendations Construction Administration: Assist City of Elgin to prepare Owner/Contractor Agreements for signature. Review shop drawings and all product submittals. Attend job meetings, take notes and distribute to all participants. Visit site periodically, observe progress and conformance to contract documents. Review contractor pay requests and recommend payment. Review construction changes initiated by Owner, Contractor and Architect and recommend acceptance or rejection upon reviewing cost implications. Attend HCC meetings or City Council meetings to inform members of progress. Prepare "punch lists" of work items and verify their completion. Prepare substantial and final completion paperwork. EXHIBIT 2 • PROJECT SCHEDULE • - 10 - • Exhibit 2 Project Schedule for Interior Design Services Date Prepared:4/10/06 2006> Month Jan I Feb I March I April May June July I Aug I I Week(Monday Dates) 2 9 16 23 30 6 13 20 27 6 13 20 27 3 10 17 24 1 8 15 22 29 5 12 19 26 3 10 17 23 30 7 14 21 28 OAA Approval _ 12 Phase 1 — — - — - Review 10 Phase 2 — — —— — Review F2— Phase 3 ' Bid Award H IIIMI711111L- Constructi on �— — — -- 1___, —2007> Month Sept I Oct 1 I Nov I Dec I ! Jan ! Feb I March I April I I Week(Monday's Date) 1 8 18 22 29 1 5 12 19 26 5 12 19 26 2 9 16 23 1 1 8 15 22 29 5 12 19 26 5 12 19 26 2 , 9 16 23 30 Construction Punch List Move-In I I 1 RICHARD I..;DRAMA ASSOCIATES. IOC.architect/-engineers-interior designers - 1;S:a • EXHIBIT 3 BASIC FEE PROPOSAL For HEMMENS CULTURAL CENTER interior Design Services for the Lobby Our Basic Fee Proposal is based on providing Architectural/Engineering services to include Phase 1: Preliminary Design Development, Phase 2: Final Design Development and Construction Documentation and Phase 3: Bidding and Construction Administration Services. Our Fee includes architectural, structural, mechanical engineering, electrical engineering, interior design, specification and construction administration services. FEE = $32,000 PHASE 1: Preliminary Design Development $9,600=30% PHASE 2: Final Design Development and Construction Documentation $12,800=40% PHASE 3: Bidding and Construction Administration $9,600=30% TOTAL FEE $32,000=100% REIMBURSABLES Acoustical Consultant 1.10 times the actual Consultant Cost Telephone 1.10 times the charge Postage 1.10 times the charge Reproductions 1.10 times the charge Travel $.048/mile HOURLY RATES Principals $130.00/Hour Structural Engineer $130.00/Hour Project Managers $95.00/Hour Project,Architects $95.00/Hour Mechanical/Electrical Engineers $95.00/Hour Senior Technicians $75.00/Hour Field Representatives • $75.00/Hour interior Designers $70.00/Hour • Junior•Technicians $85.00/Hour .CAD Technicians $60.00 1 Hour Clerical $40.00/Hour