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HomeMy WebLinkAbout12-52 Resolution No. 12-52 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH PHN ARCHITECTS, LTD. BE IT 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 with PHN Architects, Inc. on behalf of the City of Elgin for conducting an accessibility assessment of facilities and properties,a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: March 21, 2012 Adopted: March 21, 2012 Omnibus Vote: Yeas: 6 Nays: Attest: s/ Kimberly Dewis Kimberly Dewis. City Clerk ATTACHMENT A AGREEMENT THIS AGREEMENT is made and entered into this 21st day of March , 2012 , by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY") and PUN Architects, Ltd., 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 accessibility assessment of facilities and properties, RFP-11-060 (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, for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby mutually acknowledged, it is hereby agreed by and between the CITY and the CONSULTANT that the CITY hereby retains the CONSULTANT to perform the services relating to the PROJECT as described herein, subject to the following terms and conditions and stipulations: 1. SCOPE OF SERVICES A. All work hereunder shall be performed under the direction of the CITY's Park Director or his designee, herein after referred to as the "DIRECTOR". B. The services to be provided by the CONSULTANT shall generally consist of a review of CITY-owned facilities and property under the purview and direction of the CITY's Parks Department to which the "safe harbor"provisions of the 2010 U.S. Department of Justice Regulations at Section 35.150(b)(2)(ii) do not apply, including, but not limited to, exercise machines and equipment; golf facilities; play areas; swimming pools; and team or player seating, to determine compliance with any and all applicable federal and state laws, including, but not limited to, the Americans with Disabilities Act. The CONSULTANT shall also provide a cost estimate which shall be the lowest alternative cost necessary to bring the aforementioned facilities into compliance with all applicable federal regulations, including, but not limited to,the Americans with Disabilities Act. C. A detailed Scope of Services is attached hereto as Attachment A. 2. PROGRESS REPORTS A. An outline project milestone schedule is provided herein. B. A detailed project schedule for the PROJECT is included as Attachment B, attached hereto. Progress will be recorded on the project schedule and submitted monthly as a component of the Status Report described in C below. C. The CONSULTANT 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 PRODUCT All work product prepared by the CONSULTANT pursuant hereto including, but not limited to, reports, plans, 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 product for its records. CONSULTANT's execution of this Agreement shall constitute CONSULTANT's conveyance and assignment of all right, title and interest, including but not limited to any copyright interest, by the CONSULTANT to the CITY of all such work product prepared by the CONSULTANT pursuant to this Agreement. The CITY shall have the right either on its own or through such other consultants 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 CONSULTANT. 4. PAYMENTS TO THE CONSULTANT(Lump Sum Method) A. The CITY shall reimburse the CONSULTANT for services under this Agreement a lump sum of-11,4t.4'j .r,Ig :i.:,; ," _ ($ Z3,' C ), regardless of actual Costs incurred by the CONSULTANT unless substantial modifications to the PROJECT are authorized in writing by the DIRECTOR. B. The CITY may make periodic payments to the CONSULTANT based upon actual progress within thirty (30) days after receipt and approval of invoice. Said periodic payments to the CONSULTANT shall not exceed the amounts shown in the following schedule, and full payments for each task shall not be made until the task is completed and accepted by the DIRECTOR. 5. INVOICES A. The CONSULTANT shall submit invoices in a format approved by the CITY. Progress reports (2(C)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 these records available at reasonable times during the Agreement period and for one(1)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 - 2 - 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 become effective as of the date the CONSULTANT is given a notice to proceed and, unless terminated for cause or pursuant to Paragraph 6, shall 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 this 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 fifteen (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. 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 CONSULTANT pursuant to Paragraph 4 hereof, no action shall be commenced by the CONSULTANT against the CITY for monetary damages. CONSULTANT hereby further waives any and all claims 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, as amended, (50 ILCS 501/1, et .seq.) or the Illinois Interest Act, as amended (815 ILCS 205/1, et seq.). Additionally, CONSULTANT shall not be entitled to, and hereby waives, any and all rights that it may have to file suit or bring any cause of action or claim for damages against the City of Elgin and/or its officials, officers, employees, agents, attorneys, boards and commissions, and other affiliated entities or persons of any nature whatsoever in whatever form after two (2)years from the date of this Agreement. 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 - 3 - 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, 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 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 Certificate 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 shall include the contractual obligation assumed by the CONSULTANT under Paragraph 10 entitled "Indemnification". This insurance shall be primary and non-contributory 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. 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 bodily injury and/or property damage. 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 CONSULTANT'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 claim. 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 - 4 - 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 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. - 5 - 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 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; - 6 - G. protection against retaliation as provided by Section 6-101 of the Human Rights Act. A copy of the policies shall be provided by CONSULTANT to the Department of Human Rights upon request 775 ILCS 5/2-105. 26. SUBSTANCE ABUSE PROGRAM. As a condition of this agreement, CONSULTANT shall have in place a written substance abuse prevention program which meets or exceeds the program requirements in the Substance Abuse Prevention Public Works Project Act at 820 ILCS 265/1 et seq. A copy of such policy shall be provided to the City's Assistant City Manager prior to the entry into and execution of this agreement. 27. 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. 28. 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 the CITY: Randy Reopelle Parks and Recreation Director City of Elgin 100 Symphony Way Elgin, Illinois 60120-5555 B. As to the CONSULTANT: Andy Dogan P1-IN Architects, Ltd. 2280 White Oak Circle, Suite 100-B Aurora, IL 60502 29. 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 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. Without limiting the foregoing, CONSULTANT hereby certifies, represents and warrants to the CITY that all CONSULTANT'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. CONSULTANT shall also at its expense secure all permits and - 7 - 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 CONSULTANT to determine CONSULTANT's compliance with the provisions of this paragraph. In the event the CITY proceeds with such an audit the CONSULTANT shall make available to the CITY the CONSULTANT's relevant records at no cost to the CITY. CONSULTANT shall pay any and all costs associated with any 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. CITY OF ELGIN: By: idea. Sean Stegall, City Man r Attest: etAtt fLaier City Clerk CONSULTANT: PI-IN Architects, Ltd. By: jiAlcit\Arc\-- Name/Print: VCWcINI Title: v(i.. .vp.gr.:71tx=-A-T f\legal dept\agreement\rfp I I-060 consultant services for accessibility analysis-attachment b revised.docx - 8- z ATTACHMENT A QL) SCOPE OF SERVICES SCOPE OF SERVICES 0 PHN proposes the following scope of services for this assignment: - Evaluation of facilities under management or ownership by the City. This evaluation will r.) cc cc be based on the most recent versions of the American with Disabilities Act and Illinois Accessibility Code. - At the City's direction, this evaluation will include only the park and recreation elements (1) that are not considered to be "safe harbor" elements in the 2010 ADAAG. Auditing and n. reporting associated with the"Phase II-Outdoor Facilities" included in the City of Elgin's RFP for this Work is not included in this Proposal. A listing of parks and facilities to be evaluated is on page 2 of this Proposal. z - PHN will provide the City with a preliminary version of the final report for review and comment prior to the completion of the final version. - Assuming approval at the March 21 City Council meeting, PHN will complete this audit 3 and associated reporting according to the schedule below: cy) Phase I - Audits complete and draft reports to the City by Monday, April 30 cc Phase II -Audits complete and draft reports to the City by Tuesday, July 31 FINAL REPORT 0 The final report presented to the City shall contain the following information. One hard copy and CJ1 one digital copy in both PDF and Excel formats will be provided: 0 0 ADA AUDIT: A. A project summary. B. The regulations used to drive the project. C. A description of the methods used by our firm to complete the project. cc .cr) D. A description of non-compliant items revealed during the process, categorized by C.31 each site. (20 E. At least one image of each non-compliant item observed during the evaluation. TRANSITION PLAN: F. A description of how each non-compliant item may be remediated. G. The party responsible for correction or implementation of each non-compliant item. H. Priority ranking & schedule to complete for each item. The City will provide input on schedule. I. A cost estimate for corrective work identified. SITES & FACILITIES FOR EVALUATION The City sites to be evaluated during this process are the following, as discussed in a meeting on February 16 at the City of Elgin Park and Recreation Department: Phase I - Indoor Facilities Bowes Creek Country Club - Clubhouse/Maintenance Facility The Centre of Elgin Eastside Recreation Center Hawthorne Hill Nature Center The Highlands Golf Course- Clubhouse/Maintenance Facility Wing Park Golf Course - Clubhouse Phase II- Parks Abbott Park American LL Complex Bowes Creek Golf Course Century Oaks Park Channing Park Clara Howard Park Classic LL Complex Clifford/Owasco Park College Green Park Continental LL Complex Copper Springs Park Cornerstone Park Douglas Ave. Park Drake Field Park Eagle Heights Park Elgin Shores Elgin Sports Complex Festival Park Frazier Park Gifford Park Grant School Park Grolich Park Hawthorne Hill Park Heritage Park Longcommon Park Lords Park Memorial Park Meier Park Millenium Park Mulberry Grove Park National LL Complex Newsome Park Observatory Park Powder River Park Prairie Park Princeton West Park Randall Ridge Park Ryerson Park St. Francis Park Settlers Park Shadow Hill Park Shamrock Park - 10 - Slade Avenue Park Summerhill Park The Highlands Golf Course Trinity Terrace Park Unity Park Trout Park Veterans Memorial Park Walton Island Park Waterford Entry Park Willow Bay Park Wing Park Wing Street Park Wright Avenue Park - II - ATTACHMENT B PROJECT SCHEDULE Assuming approval at the March 21 City Council meeting, PHN will complete this audit and associated reporting according to the schedule below: Phase I - Audits complete and draft reports to the City by Monday, April 30 Phase II - Audits complete and draft reports to the City by Tuesday, July 31 . . ELGIN THE CITY IN THE SUBURBS AGENDA ITEM: H MEETING DATE: March 7, 2012 ITEM: Agreement with PHN Architects to Conduct an Accessibility Assessment ($23,500) OBJECTIVE: Evaluate parks and recreation facilities for compliance in accordance with new rules and regulations promulgated by the U.S. Department of Justice in relation to Title || of the Americans with Disabilities Act. RECOMMENDATION: Approve the agreement with PHN Architects in the amount of$23,500. BACKGROUND Title II of the Americans with Disabilities Act (ADA), which applies to public entities such as the city of Elgin, was originally passed in 1990. The Act was intended, in pertinent part, to provide greater access to public services and accommodations to individuals with disabilities. Since that time, several pieces of legislation have been passed to further clarify it. The most recent piece of legislation consists of new rules and regulations promulgated by the U.S. Department of Justice relative to Title II of the ADA, which amends and clarifies various aspects of the accessibility requirements of the ADA relative to public bodies such as the city. In order to ensure compliance with the aforementioned accessibility requirements, the proposed agreement will engage a company with the necessary expertise to gauge ADA compliance for city parks facilities and to provide cost estimates to bring non-complying facilities up to minimal compliance. OPERATIONAL ANALYSIS Not included in the evaluation, but also required of public agencies by Title II, are the development of a grievance procedure, notification to the public of Title II requirements to applicants, beneficiaries and/or other interested individuals and a designation of an employee to oversee Title II ADA compliance. Parks and recreation staff will work with the legal department to put these procedures in place. � � � Because city staff does not have the technical expertise or time to conduct the ADA assessment, a request for proposals (RFP) was issued, seeking a firm with the requisite expertise. The RFP identifies a two phase process: (1) the assessment of recreation facilities, and (2) development of compliance cost estimates. The RFP was posted on the city's website and published in the Courier News on November 8, 2011. The RFP was also sent directly to several consultants for their consideration. The U.S. Department of Justice was consulted as to regulatory compliance. Staff received and reviewed proposals from four consultants and interviewed the top two firms. PHN Architects of Aurora, Illinois was identified as the best qualified firm to perform this service. City staff has used PHN's services in the past and found them to be very professional and performed satisfactorily. INTERESTED PERSONS CONTACTED None. FINANCIAL ANALYSIS The total cost to conduct the accessibility study is $23,500. Once the assessment has been completed, additional funds will be needed to take the identified corrective actions. It should � ` be noted that the planned renovations to the Eastside Recreation Center will bring this facility into ADA and Illinois Accessibility code compliance. BUDGET IMPACT FUND(S) ACCOUNT(S) PROJECT#(S) AMOUNT AMOUNT BUDGETED AVAILABLE Riverboat 375'0000'791.30'99 349563 $30,000 $30,000 LEGAL IMPACT None. ALTERNATIVES The city council may choose not to enter into the agreement with PHN. � ~ ` NEXT STEPS 1. Enter into the agreement with PHN Architects. I. Meet with representatives of PHN to provide them with the means of access to the subject facilities for their assessments. Originators: Randy Reopelle, Parks and Recreation Director Final Review: Colleen Lavery, Chief Financial Officer William A. Cogley, Corporation Counsel/Chief Development Officer Richard G. Koza!, Assistant City Manager/Chief Operating Officer Sean R. Stegal!, City Manager ATTACHMENTS A. A0reenmentxvithPHN Architects �m= [ � � 0h ELGIN THE CITY IN THE SUBURBS- DATE: March 30, 2012 TO: Randy Reopelle, Parks and Recreation Director FROM: Jennifer Quinton, Deputy City Clerk SUBJECT: Resolution No. 12-52, Adopted at the March 21, 2012, Council Meeting Enclosed you v,ill find the agreement listed below. Please distribute this agreement to the other party and keep a copy for your records if you wish. If you have any questions please feel free to contact our office :.-17-931-5660 and we will do our best to assist you. Thank you. • Agreement with PHN Architects, LTD.