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HomeMy WebLinkAbout07-39 Resolution No. 07-39 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH LAND VISION, INC. 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 Land Vision, Inc. for professional services in connection with an engineering and land management plan for development between Grove Avenue and the Fox River,a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: February 14, 2007 Adopted: February 14, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk s/Jennifer Quinton Jennifer Quinton, Deputy City Clerk AGREEMENT THIS AGREEMENT is made and entered into this 1- ' day of ae. , 2007 , by and between the CITY OF ELGIN, an Illinois munici al corporation (hereinafter referred to as "CITY" ) and LAND VISION, INC . , an Illinois corporation (hereinafter referred to as "CONSULTANT" ) . WHEREAS, the CITY desires to engage the CONSULTANT to furnish certain professional services in connection with an engineering and land management plan for development between Grove Avenue and the Fox River (hereinafter referred to as the PROJECT) ; and WHEREAS, the CONSULTANT 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 CONSULTANT that the CITY does hereby retain the CONSULTANT for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged to act for and represent it in all consulting matters involved in the PROJECT, 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 Assistant City Manager of the CITY, herein after referred to as the "DIRECTOR" . B. Provide a detailed engineering and land management plan which will examine key land planning principles and develop concepts for future consideration; also sub- contract to provide engineering services to identify the extent of flood plain and stormwater management options for the proposed development . C . A detailed Scope of Services is attached hereto as Attachment "A" . 2 . PROGRESS REPORTS A. An outline project milestone schedule is provided hereinunder : 02/19 - Draft Concept Plan 03/01 - First revisions of Concept Plan and first draft of development guidelines 03/19 - Final revised draft of development guidelines 03/26 - Final deliverables 3 . WORK PRODUCTS All work products prepared by the CONSULTANT pursuant hereto including, but not limited to, 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 CONSULTANT 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 CONSULTANT. 4 . PAYMENTS TO THE CONSULTANT (Not To Exceed Method) A. For services provided the CONSULTANT shall be paid at the direct hourly rate of personnel employed on this PROJECT, with the total fee not to exceed Seventy-seven Thousand Five Hundred Dollars ($77 , 500 . 00) regardless of the actual costs incurred by the CONSULTANT unless substantial modifications to the scope of the work are authorized in writing by the DIRECTOR. B . For outside services provided by other firms or subconsultants, the CITY shall pay the CONSULTANT the invoiced fee to the CONSULTANT, which such invoiced fees shall constitute and be construed as inclusive with and a portion of the aforementioned $77, 500 not-to-exceed fee . C. All reimbursable expenses shall be itemized and reimbursed to CONSULTANT; provided, however, that such reimbursable expenses shall constitute and be construed as inclusive with and a portion of the aforementioned $77 , 500 not-to-exceed fee . Reimbursable expenses shall be those expenses reasonably arising out of or in connection with CONSULTANT ' S work on the PROJECT which are not fees . 5 . INVOICES A. The CONSULTANT shall submit invoices in a format approved by the CITY. Progress reports (2C above) will be included with all payment requests . B. The CONSULTANT shall maintain records showing actual time devoted and cost incurred. The CONSULTANT shall permit the authorized representative of the CITY to inspect and audit all data and records of the CONSULTANT for work done under this Agreement . The CONSULTANT shall make - 2 - 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 CONSULTANT. In the event that this Agreement is so terminated, the CONSULTANT 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 4 above . 7 . TERM This Agreement shall, unless terminated for cause or pursuant to Section 6, be deemed concluded on the date the CITY determines that all of the CONSULTANT ' 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 CONSULTANT wishes to make a claim for additional compensation as a result of action taken by the CITY, the CONSULTANT shall give written notice of his claim within 15 days after occurrence of such action. No claim for additional compensation shall be valid unless so made . Any changes in the CONSULTANT' s fee shall be valid only to the extent that such changes are included in writing signed by the CITY and the CONSULTANT. Regardless of the decision of the DIRECTOR relative to a claim submitted by the CONSULTANT, all work required under this Agreement as determined by the DIRECTOR 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, CONSULTANT 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 CONSULTANT in connection herewith, including negligence or omissions of employees or agents of the CONSULTANT 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 . 11. 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 . 12 . INSURANCE A. Comprehensive Liability. The CONSULTANT 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 CONSULTANT 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 CONSULTANT 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 CONSULTANT shall carry CONSULTANTS ' 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. 13 . CONSTRUCTION MEANS, METHODS, TECHNIQUES, SEQUENCES, PROCEDURES AND SAFETY The CONSULTANT shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the construction, unless specifically identified in the Scope of Services . 14 . 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. - 5 - 15. 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. 16 . DELEGATIONS AND SUBCONTRACTORS Any assignment, delegation or subcontracting shall be subject to all the terms, conditions and other provisions of this Agreement and the CONSULTANT shall remain liable to the CITY with respect to each and every item, condition and other provision hereof to the same extent that the CONSULTANT would have been obligated if it had done the work itself and no assignment , delegation or subcontract had been made . Any proposed subcontractor shall require the CITY ' s advanced written approval . 17 . 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. 18 . 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 . 19 . 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 . 20 . 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. - 6 - 21 . 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 . 22 . NEWS RELEASES The CONSULTANT may not issue any news releases without prior approval from the DIRECTOR, nor will the CONSULTANT make public proposals developed under this Agreement without prior written approval from the DIRECTOR prior to said documentation becoming matters of public record. 23 . COOPERATION WITH OTHER CONSULTANTS The CONSULTANT shall cooperate with any other consultants in the CITY ' s employ or any work associated with the PROJECT . 24 . INTERFERENCE WITH PUBLIC CONTRACTING The CONSULTANT 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 . 25 . SEXUAL HARASSMENT As a condition of this contract , the CONSULTANT 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 . - 7 - A copy of the policies shall be provided by CONSULTANT to the Department of Human Rights upon request 775 ILCS 5/2-105 . 26 . WRITTEN COMMUNICATIONS All recommendations and other communications by the CONSULTANT to the DIRECTOR and to other participants which may affect cost or time of completion, shall be made or confirmed in writing. The DIRECTOR may also require other recommendations and communications by the CONSULTANT be made or confirmed in writing. 27 . 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 : Sean R. Stegall Assistant City Manager City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 B . As to CONSULTANT : 28 . COMPLIANCE WITH LAWS Notwithstanding any other provision of this CONTRACT it is expressly agreed and understood that in connection with the performance of this AGREEMENT that the CONSULTANT shall comply with all applicable Federal , State, City and other requirements of law, including, but not limited to, any applicable requirements regarding prevailing wages, minimum wage, workplace safety and legal status of employees . CONSULTANT shall also at its expense secure all permits and licenses, pay all charges and fees and give all notices necessary and incident to the due and lawful prosecution of the work, and/or the products and/or services to be provided for in this AGREEMENT . " IN WITNESS WHEREOF, the undersigned have placed their hands and seals upon and executed this Agreement in triplicate as though each - 8 - 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 : FOR TH " INS Of , . BY (00144116 Ci t --""ra IM • i0P' Attest : I�JY del lla2�iir /'/ V/ ,c 1 Ali&• abla Z.LArMt_ City Clerk sa,44,40/_-- l� P 5 Cleyrk- F:\Legal Dept\Agreement\CONSULTANTing Agreement-Land Vision.doc - 9 - SCOPE OF SERVICES Land Vision, Inc. (LVI) will coordinate with the project civil engineer, Christopher B. Burke Engineering West, Ltd. (CBBEWL) to assemble a base map which will identify any portions of the property which cannot be developed due to floodplain permitting concerns or storm water management needs for the parcel. Consideration will be given for the potential of upstream compensatory storage in order to maximize the subject properties development potential. LVI staff and CBBEWL staff will conduct a site visit/site walk as part of the site analysis process. Draft Concept Plan & Development Guidelines LVI will utilize the engineering analysis and begin to refine the previously completed concept plan. The design development phase will allow for options on a variety of product mix including single family detached homes (several lot sizes), attached single family homes (townhomes/townhouses) and possibly limited condominium homes towards the south end of the subject parcel. Alternate sites will be considered as overlay onto the subject property to evaluate additional parcels that may be added in the future. A draft concept plan will be created illustrating the development plan including proposed roadway layout, pedestrian circulation, lot sizes/areas, lot dimensions, as well as a draft concept plan for the riverfront park area. Note that the riverfront park will incorporate the war memorial, designed by others, anticipated to be located at the south edge of the subject property near the library parcel and adjacent to the extended river walk/bike trail. LVI will also develop draft basic standards to convey the urban design principles necessary to compliment the plan and differentiate this development. These principles will include suggested architectural styles, streetscape design including build to lines and building placement on lots. The urban design principles will reflect on existing adjacent historical neighborhoods as well as the site and river frontage. Final Concept Plan & Development Guidelines Following the completion of the draft and staff input, Land Vision, Inc. will continue design development work to refine the plan and development guidelines to create a Final Concept Plan to be incorporated into the Request for Proposal intended to be distributed to potential developer/builders for the subject parcel that defines the riverfront residential neighborhood. 3D Design & Photo Simulation LVI will complete presentation qualify graphics for use in PowerPoint presentations as well as booklets or RFP materials. Land Vision, Inc. will provide a 3D aerial rendering as well as several ground elevation renderings to illustrate the proposed new neighborhood. The aerial rendering will illustrate the new neighborhood in context to the adjacent existing conditions. The ground base perspectives will illustrate strategic views of the development. Attachment "A" AP Presentation Graphics & Public Meetings LVI will create a PowerPoint presentation and necessary graphics for use at public meetings. LVI and CBBEWL staff will attend public meetings as required by the client. Graphic Design for Developer RFP LVI will assist the City with the assembly of the RFP to be distributed to developers. LVI will provide graphic design work for the RFP incorporating project graphics and verbal information provided by the City of Elgin staff. F VLegal Dept\Agreement\Engineering Agreement-Land Vision-Scope of Services-Attachment A.doc - 2 -