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HomeMy WebLinkAbout16-23 Resolution No. 16-23 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH DEWBERRY ARCHITECTS FOR ARCHITECTURAL SERVICES IN CONNECTION WITH THE CIVIC PLAZA REPLACEMENT PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an Agreement on behalf of the City of Elgin with Dewberry Architects for architectural services in connection with the Civic Plaza Replacement Project, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: February 24, 2016 Adopted: February 24, 2016 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk • • City of in Building Maintenance Department Rich Hoke, Building Maintenance Superintendent 1900 Holmes Road Elgin, IL 60123 E LG I N M THE CITY IN THE SUBURBS` Professional Services Agreement Architectural Services City Hall Plaza Replacement AGREEMENT THIS AGREEMENT is made and entered into this 24 day of February, 2016,by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY") and Dewberry Architects, an Illinois corporation(hereinafter referred to as "ARCHITECT"). WHEREAS, the CITY desires to engage the ARCHITECT to furnish certain professional architectural services in connection with the CITY'S Civic Plaza Replacement Project(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 ARCHITECTURAL matters involved in the PROJECT as described herein, 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 Building Maintenance Superintendent,hereinafter referred to as the "DIRECTOR". B. The ARCHITECT shall provide to the CITY the various architectural,construction documentation and construction administration services for the Project including surveying the land (topography) to verify existing conditions; survey of existing electrical and development of a lighting plan; creating a set of documents for the Project suitable for bid, permit and construction purposes; and construction administration. C. A detailed Scope of Services for the Project is attached hereto and made a part hereof as Attachment A. 2. PROGRESS REPORTS A. The ARCHITECT shall provide the services according to the schedule as outlined in Attachment A attached hereto. B. Progress will be recorded on the agreed upon project schedule for each individual project as outlined on Attachment A and submitted monthly as a component of the Status Report described in C below. C. 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. 3. WORK PRODUCTS All work product prepared by the ARCHITECT 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 ARCHITECT may retain copies of such work product for its records. ARCHITECT'S execution of this Agreement • shall constitute ARCHITECT'S conveyance and assignment of all right, title and interest, including but not limited to any copyright interest,by the ARCHITECT to the CITY of all such work product prepared by the ARCHITECT pursuant to this Agreement. The CITY shall have the right either on its own or through such other ARCHITECTs as determined by the CITY to utilize and/or amend such work product. Any such amendment to such work product shall be at the sole risk of the CITY. Such work product is 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. The CITY shall pay to the ARCHITECT for services under this Agreement the total amount not to exceed Sixty Thousand Nine Hundred Thirty Dollars ($60,930) regardless of the actual costs incurred by the ARCHITECT unless substantial modifications to the Project are authorized in writing by the DIRECTOR and approved by way of a written amendment to this Agreement. B. For outside services provided by other firms or subconsultants, if any, and for any reimbursable expenses including for any deliverables, the CITY shall pay the ARCHITECT the invoiced fee to the ARCHITECT,plus zero percent. The cost of any outside services or any such reimbursable expenses for deliverables or otherwise are included within the not-to-exceed fee amount of$60,930. C. The CITY shall make periodic payments to the ARCHITECT based upon actual progress within thirty(30)days after receipt and approval of invoice. Said periodic payments to the ARCHITECT shall not exceed the amount shown below in the following schedule, and full payments for each task shall not be made until the task in completed and accepted by the DIRECTOR. The project includes the following general tasks: 1. Land survey $7,180 2. Site Electrical $ 4,500 3. Design and Construction Documents $ 41,050 4. Construction Administration $ 8,200 Total $60,930 D. All phases of the Project are tentative and subject to final approval by the DIRECTOR. The CITY may add or delete or modify portions of the Project any time at the CITY'S discretion. In the event that additional services are requested by the CITY for which the ARCHITECT seeks additional compensation, such additional services and any such additional compensation shall require a written amendment to this Agreement approved by the parties hereto. ARCHITECT'S hourly rates for any such additional services are set forth in Attachment C hereto. 5. INVOICES A. The ARCHITECT shall submit invoices in a format approved by the CITY. Progress reports (2C 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 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 prior to termination,except that in no event shall such payments exceed the total 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 6, shall be deemed concluded on the date the CITY determines in writing 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 its claim to the DIRECTOR 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 agreed to 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. All decisions of the DIRECTOR pursuant to this section shall be fmal and binding, and shall not be subject to litigation in any forum. 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. Notwithstanding the foregoing or anything else to the contrary in this Agreement,with the sole exception of an action to recover the monies the CITY has agreed to pay to the ARCHITECT pursuant to Paragraph 4 hereof,no action shall be commenced by the ARCHITECT against the CITY for monetary damages. ARCHITECT hereby further waives any and all claims or rights to interest on money claimed to be due pursuant to this Agreement,and waives any and all such rights to interest which it claims it may otherwise be entitled pursuant to law, including,but not limited to, the Local Government Prompt Payment Act (50 ILCS 501/1, et seq.), as amended, or the Illinois Interest Act(815 ILCS 205/1,et seq.),as amended. The parties hereto further agree that any action by the ARCHITECT arising out of this Agreement must be filed within one year of the date the alleged cause of action arose or the same will be time-barred. The provisions of this paragraph shall survive any expiration,completion and/or termination of this Agreement. 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 expiration, completion 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 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 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 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. 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 ARCHITECTs 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 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. 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. 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 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. 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 agree 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 or intent of any provision of this Agreement,nor shall they be construed to affect the interpretation, construction or application of the terms and provisions thereof in any manner. 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. 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 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. 23. COOPERATION WITH OTHER CONSULTANTS The ARCHITECT shall cooperate with any other consultants in the CITY's employ or any work associated with the PROJECT. 24. 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. 25. 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 such policies shall be provided by the ARCHITECT to the Illinois Department of Human Rights upon request pursuant to 775 ILCS 5/2-105. 26. 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. 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: Rich Hoke Building Maintenance Superintendent City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 B. As to ARCHITECT: Jonathan Tallman Dewberry Architects 25 S. Grove Ave., Suite 500 Elgin, Illinois 60120 28. COMPLIANCE WITH LAWS Notwithstanding any other provision of this AGREEMENT it is expressly agreed and understood that in connection with the performance of this AGREEMENT that the ARCHITECT 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. Without limiting the foregoing, ARCHITECT hereby certifies, represents and warrants to the CITY that all ARCHITECT'S employees and/or agents who will be providing products and/or services with respect to this AGREEMENT shall be legal residents of the United States. ARCHITECT 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. The CITY shall have the right to audit any records in the possession or control of the ARCHITECT to determine ARCHITECT'S compliance with the provisions of this section. In the event the CITY proceeds with such an audit the ARCHITECT shall make available to the CITY the ARCHITECT'S relevant records at no cost to the CITY. ARCHITECT shall pay any and all costs of such audit. IN WITNESS WHEREOF, the parties hereto have entered into and executed this agreement effective as of the date and year first written above. FOR THE CIT • FOR THE ARCHITECT: By ///ia I By d Sean Stegall, City Manager / Douglas Pfei} ',F ssistant Director Att t• Kim Dewis, City C erk F:\Legal Dept\Agreement\ARCHTTECTING AGREEMENT-FORM-04-17-08.doc ATTACHMENT A SCOPE OF SERVICES PROJECT UNDERSTANDING The City of Elgin wants to renovate the Civic Plaza on the west side of City Hall. The following is the scope of work that the City of Elgin is looking to be completed: o Replace Concrete plaza including the Steps and ramps(see the attached Exhibit D) o Remove step up—step down area to the east of the Court. (City of Elgin will need to ask the State of IL if possible.) o Replace existing site lighting with new LED fixtures o Add additional light fixtures for the ice skating rink o Move drain lines in the plaza so that they will not lie under the ice skating rink SCOPE OF WORK Dewberry proposes the following tasks to complete the Civic Plaza Renovation: Task 1: Land survey—Topographic survey and private utility locating services within the Limits of the attached Exhibit C&D Task 2: Site Electrical—Specify exterior lighting to replace the existing with LED fixtures. Task 3: Plaza Design and Construction Documents Task 4: Construction Administration Detailed Approach The following summarizes Dewberry's approach to the Project by Task,including major milestones and pricing. Task 1: Land Survey— Topographic Survey o See the attached exhibit for the scope of work(Exhibit C) Deliverables: (2)black line certified copies of the drawings. Electronic Files in both DWG and PDF Format Price: $7,180.00 Schedule: Completed within three weeks of the start of the project. Task 2: Site Electrical • Research light poles and fixtures that fit the plaza. Design and seek City approval of the fixtures. • Specify general plaza light fixtures and location on the Construction Documents. • Specify light fixtures for the ice skating rink and location on the Construction Documents. • Review lighting photometrics Assumptions: N/A Deliverables: Construction Documents for Bidding Price: $4,500.00 Schedule: Complete by early May. Task 3: Plaza Design and Construction Documents • Create drawings for areas of demolition • Design concrete replacement for the Civic Plaza • Ice skating rink will be designed with minimal allowable slope • Relocate underground drain lines so that they are no longer under the ice skating rink. • Specify new site furnishing such as benches,trash receptacles and flag poles. • Design concrete patterning for the civic plaza Assumptions: N/A Deliverables: Construction Documents for Bidding Price: $41,050.00 Schedule: Complete by early May. Task 4: Construction Administration • Construction Site visits to review that work is built in conformance with the design intent of the Construction Documents (total of 10 bi-weekly visits) • Four(4) site visits by the Civil Engineer to review progress of the project,including the site visit for the punch list. • Shop Drawing review by the Civil engineer,Electrical engineer,and Landscape Architect • Contractor Payment application review • Provide record drawings to the City of Elgin Assumptions: N/A Deliverables: Payment applications, Site Visit logs, Shop drawing reviews,and Record Drawings Price: $8,200.00 Schedule: Complete upon substantial completion of construction. PROJECT SCHEDULE This project is anticipated to be complete in accordance with the milestones/schedule described below: • Design Meeting with City of Elgin the week of February 29,2016. • Design Meeting with City of Elgin the week of March 28,2016. • Design and Construction Documents to be complete by May 6,2016. 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J ,I0 tz...Irr Attachment C -Rates for services not included in the contract: Standard Hourly Billing Rate Schedule Dewberry I Hourly Rates Professional Principal $260.00 Architect 1,11,111 $85.00,$95.00,$105.00 Architect IV,V,VI $125.00,$135.00,$155.00 Architect VII,VIII,IX $180.00,$190.00,$210.00 Interior Designer I,II,III,IV $65.00,$80.00,$100.00, $135.00 Engineer 1,11,111 $90.00,$100.00,$115.00 Engineer IV,V,VI $130.00,$145.00,$160.00 Engineer VII,VIII,IX $175.00, $190.00,$210.00 Other Professionals I, II, III $90.00,$100.00, $110.00 Other Professionals IV,V,VI $130.00,$145.00,$160.00 Other Professionals VII,VIII, IX $185.00,$200.00,$215.00 Technical Geographer/GIS 1,11,111 $80.00,$90.00,$100.00 Geographer/GIS IV,V,VI $110.00, $125.00,$145.00 Geographer/GIS VIIVIIIIX $165.00, $195.00,$205.00 Designer 1,11,111 $95.00,$110.00, $135.00 Designer IV,V,VI $150.00,$170.00,$190.00 CADD Technician I,II,III,IV $65.00,$80.00,$90.00, $105.00 Surveyor 1,11,111 $55.00,$60.00,$75.00 Surveyor IV,V,VI $90.00,$105.00,$120.00 Surveyor VII,VIII,IX $140.00, $160.00,$175.00 Other Technical 1,11,111 $55.00,$75.00,$95.00 Other Technical IV,V,VI $115.00, $130.00,$150.00 Construction Construction Professional 1,11,111 $120.00, $130.00,$145.00 Construction Professional IV,V,VI $170.00, $190.00,$200.00 Inspector 1,11,111 $75.00,$90.00,$100.00 Inspector IV,V,VI $115.00,$130.00,$145.00 Administration Admin Professional I,II,III.IV $65.00,$80.00,$90.00,$100.00 Non-Labor Direct Costs Cost+ 15%