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HomeMy WebLinkAbout21-0821 Allen and Pepa ArchitechsAGREEMENT THIS AGREEMENT is made and entered into this *2 day of AIJ-&V r , 2021, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY") and Allen+Peps Architects Elgin Studio, Inc, (hereinafter refeiYed to as "CONSULTANT"). WHEREAS, the CITY desires to engage the CONSULTANT to furnish certain professional services in connection with architectural services for schematic design for an addition to the City's Hemmens Cultural Center (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 perform the services relating to 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 Manager of the CITY, or the City Manager's designee, herein after referred to as the "DIRECTOR". B. The CONSULTANT shall provide the architectural services relating to the schematic design for the addition to the City's Hemmens Cultural Center project as outlined in the CONSULTANT's proposal for such services dated 3trrre Yo, 2021, attached hereto and made a part hereof as Attaclunent A. "6tJSf SCHEDULE AND PROGRESS REPORTS A. CONSULTANT shall continence the service to be provided pursuant to this Agreement upon the entry into this Agreement shall complete all of such services within _(oO days thereafter. B. 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 by others 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 A. For services provided the CONSULTANT shall be paid here with the total a_ mOUnt or 1;�e noto ' $19,800.00, 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 and approved by a written amendment to this Agreement executed by the parties, B. For outside services provided by other fines or subcontractors, the CITY shall pay the CONSULTANT the invoiced fee to the CONSULTANT. Any such fees are included in the not to exceed amount of $19,800.00 set forth in Paragraph 4A above. C. CONSULTANT shall be reimbursed for expenses (times 1.1) incurred in the interest of the PROJECT as outlined in Attachment A hereto. Such reimbursable expenses shall not exceed S150.00 and are ineki;ed in addition to the total not to e�Eeeed amount of $19,800.00 provided for in Paragraph 4A above. D. The CITY shall make periodic payments to the CONSULTANT based upon actual progress within thirty (30) days after receipt and approval of invoice. 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 fonnat approved by the CITY. Progress reports (213 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. 2- 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 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. 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 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 seg.), as amended, or the Illinois Interest Act (8 15 ILCS 205/ 1, et seq.), as amended. The parties hereto further agree that any action by the CONSULTANT 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 -3- this paragraph shall survive any expiration, completion and/or termination 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 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. It. 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 CONSULTANT shall provide, maintain and pay for during the term of this Agreement the following types and amounts of insurance: A. Comprehensive Liability. The CONSULTANT shall provide, pay for and maintain in effect, during the tern of this Agreement, a policy of comprehensive general liability insurance with limits of at least S 1,000,000 aggregate for bodily inj ury and S 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. 4- B. Comprehensive Automobile Liability. Comprehensive Automobile Liability Insurance covering al owned, non -owned and hired motor vehicles with limits of not less than S500-.00 'pe • occurrence for bodily injury and/or property damage. Sb , ova / adi eft C. 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 S1,000,000 aggregate. D. Professional Liability. The CONSULTANT shall cagy CONSULTANT's Professional Liability Insurance covering claims resulting from en -or, omissions or negligent acts with a combined single limit of not less than S 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 TT.CHNI UES 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 torms 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 assigrunent 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 terns, 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. 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 CI l'Y'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. 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 - 7 - 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: Richard G. Kozal City Manager City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 With a copy to: Butch Wilhelmi Hemmens Cultural Center Director City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 B. As to the CONSULTANT: Allen+Pepa Architects Elgin Studio, Inc. Atten: AflmrP" ep4r— PEVA- 215 Fulton Street Geneva, Illinois 60134 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 -8- 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 legally authorized to work in the United States. 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. 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. 30. EXECUTION This agreement may be executed in counterparts, each of which shall be an original and all of which shall constitute one and the same agreement. For the purposes of executing this agreement, any signed copy of this agreement transmitted by fax machine or e-mail shall be treated in all manners and respects as an original document. The signature of any party on a copy of this agreement transmitted by fax machine or e-mail shall be considered for these purposes as an original signature and shall have the same legal effect as an original signature. Any such faxed or e-mailed copy of this agreement shall be considered to have the same binding legal effect as an original document. At the request of either party any fax or e-mail copy of this agreement shall be re -executed by the parties in an original form. No party to this agreement shall raise the use of fax machine or e-mail as a defense to this agreement and shall forever waive such defense. IN WITNESS WHEREOF, the parties hereto have entered into and executed this agreement effective as of the date and year first written above. CITY/ , : By: Richard G. Loral, City Manager CONSULTANT: -9- R Name/Print: -04e, ?F ■ .r Title: ff:cpr� F:,Lcgel Uept`.Agrecmcn6AIIen+1Iepa Architects Agr-Hcmmcus Acid icion- Red Iined-6-28-21.doc..x 1"I ATTACHMENT A SCOPE OF SERVICES ARCHITECTURAL SERVICES DATE: August 20, 2021 The Client: City of Elgin Attn.: Mr. Butch Wilhelmi Hemmens Cultural Center Director 150 Dexter Ct. Elgin, IL 60120 And the ARCHITECT: Allen+Pepa Architects Elgin Studio, Inc. 215 Fulton Street Geneva, IL 61034 PROJECT and location: Schematic Design for Addition to Hemmens Cultural Center 45 Symphony Way, Elgin, IL 60120 Elgin, IL 60120 1. PROJECT DESCRIPTION Schematic design services for addition to existing Hemmens Cultural Center, approximately 30'x160' (4,800sf footprint) with a 2"d floor area appx. 1,500sf. The addition may be generally in keeping with the "International Style" of the existing building, and we may explore some alternative ideas to "test the waters." Program elements of this addition shall be generally as described in the concept diagram by Butch Wilhelmi (above right). 215 Fulton Street Geneva, IL 60134 Tel (630) 578-5860 www.allenpepa.com Page 1 of 6 Existing building structure, configuration and MEP systems shall be assumed to be generally in acceptable condition. Evaluation of existing building systems shall only be as they pertain to the new addition. SCOPE OF BASIC SERVICES a. Schematic Design- services shall consist of the following: • Zoning and building code review • Creation of CAD/Revit (BIM)* baseplan of existing building utilizing existing drawings provided by Client • Prepare scaled concept diagram based on Client's program/wish list • Meet with Client to review schematic program elements and get a full understanding of program • Prepare 2-3 Schematic Design concept ideas including: o Floor plans o Exterior elevations o Building sections o Perspective drawing from exterior o Perspective drawing from interior • Meet with Client to review design concept ideas • Prepare structural and MEP concept design for addition in order to provide basis for cost estimate • Prepare COST ESTIMATE for a selected SD option • Prepare FINAL Schematic Design drawings (same as listed above) as deliverables for this phase * BIM stands for Building Information Modeling and is state of the art for 3-dimensional computer aided architectural design and documentation of buildings 3. CLIENT'S RESPONSIBILITIES a. The Client shall provide full information about the objectives, schedule, constraints and existing conditions of the project, including existing surveys and any other material conditions of the site. b. The Client shall establish an overall budget with reasonable contingencies that meets the project requirements. The Client shall employ a contractor to perform the construction Work. The Client shall furnish for the benefit of the project all legal, accounting and insurance counseling services. c. NOTE: Client or Client's Equipment Vendor will provide all equipment information sheets and specifications prior to commencement of Construction Documents Phase and shall coordinate all dimensions and requirements with Architect. d. If required for Permit, the Client shall furnish a current, legal Plat of Survey by a licensed Professional Surveyor indicating a legal description of the property, property boundaries, utility locations, inverts, easements, rights of way, location of surface objects including trees, topographic information as necessary and any other improvements to the property. e. The Client shall furnish surveying, geotechnical engineering and environmental testing services upon request by the Architect, including but not limited to soil borings, percolation tests and soil bearing tests. 4. DISPUTE RESOLUTION- The Client and Architect agree to cooperate with one another in avoiding and informally resolving disputes between the parties. All claims, disputes or other matters in question arising out of or relating to this contract which are not informally resolved shall be resolved by mediation first with a mutually agreed -to mediator, then litigation. 215 Fulton Street Geneva, IL 60134 Tel (630) 578-5860 www.allenpepa.com Page 2 of 6 5. MISCELLANEOUS PROVISIONS a. Hazardous Materials- The Architect and Architect's consultants shall have no responsibility for the identification, discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials in any form at the project site. b. Damages- The Architect and Client waive consequential damages for claims, disputes or other matters in question arising out of or relating to this agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination in accordance with Standard Terms and Conditions. c. Photography / Signage- The Architect shall be allowed to photograph construction progress and the final finished work and to use such photographs and other drawings from the project for promotional purposes. The Client's name may be withheld at the Client's request. The Architect shall also be allowed to install a temporary sign (approx. 2'x3') advertising his name during the construction period. 6. PAYMENTS - a. Payments- Payment on invoices shall be due on receipt and paid within 30 days thereof. Interest shall accrue on invoices unpaid after 30 days at the rate of 1 1/2% per month and the Architect shall be able to collect reasonable attorney fees and court costs for collection of said fees. b. Reimbursable Expenses- The Architect shall be reimbursed for expenses (times 1.1) incurred in the interest of the project for the following: printing expenses at $3.00/sheet (2436), messenger service, postal expenses and overnight delivery. The fees herein do not include: payment of any permit fees, bonding, any professional engineering services or consultants, or any revisions due to changes in the scope, quality or budget. 215 Fulton Street Geneva, IL 60134 Tel (630) 578-5860 www.allenpepa.com Page 3 of 5 7. CONTRACT PRICE AND PAYMENT SCHEDULE Schematic Design Phase Architectural Schematic Design $ 9,300.00 Structural Schematic Design $ 3,500.00 MEP Schematic Design $ 4,500.00 Cost Estimate (bv professional cost estimator) 2.500.00 Subtotal Concept Plan $ 19,800.00 Printing and reimbursables Optional / Additional Services Additional design options / meetings Payments shall be made as follows: As invoiced- estimated at $150.00 Hourly rates as indicated below plus additional fee from consultants TBD if needed a. Initial Retainer- $2,000.00 b. Client shall be invoiced on a monthly basis and/or at completion of milestones for services rendered and expenses incurred. c. Printing and other reimbursable costs as invoiced. Standard rates are as follows: $ 175.00/hr. Principal $ 100.00/hr. Senior Associate $ 150.00/hr. Senior Architect $ 75.00/hr. Architectural Associate / Drafter $ 125.00/hr. Project Manager $ 65.00/hr. Administrative This proposal shall be valid for 30 days from the agreement date 215 Fulton Street Geneva, IL 60134 Tel (630) 578-5860 www.allenpepa.com Page 4 of 5