HomeMy WebLinkAbout23-140 Resolution No. 23-140
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH UPLAND DESIGN, LTD. FOR
PROFESSIONAL SERVICES IN CONNECTION WITH THE MULBERRY GROVE PARK
RENOVATION
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 Richard G. Kozal, 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 Upland
Design, Ltd., for professional services in connection with the Mulberry Grove Park renovation, a
copy of which is attached hereto and made a part hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: June 28, 2023
Adopted: June 28, 2023
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
AGREEMENT
THIS AGREEMENT("Agreement")is made and entered into this 28 day of June ,
2023,by and between the CITY OF ELGIN,an Illinois municipal corporation(hereinafter referred
to as "CITY") and Upland Design, Ltd., an Illinois corporation (hereinafter referred to as
"LANDSCAPE ARCHITECT").
WHEREAS, the CITY desires to engage the LANDSCAPE ARCHITECT to furnish
certain professional services in connection with Mulberry Grove Park Renovation (hereinafter
referred to as the"PROJECT"); and
WHEREAS, the LANDSCAPE 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 LANDSCAPE
ARCHITECT that the CITY does hereby retain the LANDSCAPE ARCHITECT 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 Parks and
Facilities Superintendent of the CITY, herein after referred to as the
"SUPERINTENDENT".
B. The Scope of Services shall include design development to prepare final design and
construction documents for the City's preferred design alternative. LANDSCAPE
ARCHITECT's services to be performed will include architectural design,
permitting, and construction bidding coordination.
C. A detailed Scope of Services is attached hereto as Attachment A.
2. PROGRESS REPORTS
A. An outline project milestone schedule and 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
2.13 below.
B. The LANDSCAPE ARCHITECT will submit to the SUPERINTENDENT 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 LANDSCAPE ARCHITECT 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 SUPERINTENDENT; provided, however, that
the LANDSCAPE ARCHITECT may retain copies of such work product for its records.
LANDSCAPE ARCHITECT's execution of this Agreement shall constitute LANDSCAPE
ARCHITECT's conveyance and assignment of all right,title and interest,including but not
limited to any copyright interest, by the LANDSCAPE ARCHITECT to the CITY of all
such work product prepared by the LANDSCAPE ARCHITECT 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 LANDSCAPE ARCHITECT.
4. PAYMENTS TO THE CONSULTANT(Lump Sum Method)
A. The City shall reimburse the LANDSCAPE ARCHITECT for services under this
Agreement a lump sum of Forty-Three Thousand Three Hundred Thirty-Five
Dollars ($43,335), regardless of the actual costs incurred by the LANDSCAPE
ARCHITECT unless substantial modifications to the scope of the work are
authorized in writing by the SUPERINTENDENT, and approved by way of written
amendment to this Agreement executed by the parties.
B. For outside services provided by other firms or subcontractors,the CITY shall pay
the LANDSCAPE ARCHITECT the invoiced fee to the LANDSCAPE
ARCHITECT. The costs for any such outside services are included within the total
lump sum amount provided for in paragraph 4.A above.
C. Reimbursable expenses shall include postage, printing of drawings, and mileage
reimbursement. The costs of any such reimbursable expenses are not included
within the total lump sum amount provided for in paragraph 4.A above and shall be
invoiced separately by the LANDSCAPE ARCHITECT at LANDSCAPE
ARCHITECT's direct cost. Mileage reimbursement will be at current IRS rates.
The total costs of any such reimbursable expenses shall not exceed the total amount
of $1000.00, regardless of the actual costs incurred by the LANDSCAPE
ARCHITECT.
D. The CITY shall make periodic payments to the LANDSCAPE ARCHITECT based
upon actual progress within thirty(30) days after receipt and approval of invoice.
Said periodic payments to the LANDSCAPE ARCHITECT 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 SUPERINTENDENT.
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DATE PROJECT COMPONENT FEE
June 2023 Topographical Survey $2,700
June 2023 Concept Planning and Public Input $3,325
Construction Document and
June 2023 Permitting $26,710
July-August 2023 Bidding and Bid Assistance 0
September 2023-
June 2024 Construction Observation $10,600
5. INVOICES
A. The LANDSCAPE ARCHITECT shall submit invoices in a format approved by
the CITY. Progress reports(2.13 above)will be included with all payment requests.
B. The LANDSCAPE ARCHITECT shall maintain records showing actual time
devoted and cost incurred. The LANDSCAPE ARCHITECT shall permit the
authorized representative of the CITY to inspect and audit all data and records of
the LANDSCAPE ARCHITECT for work done under this Agreement. The
LANDSCAPE ARCHITECT 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 LANDSCAPE ARCHITECT. In
the event that this Agreement is so terminated, the LANDSCAPE ARCHITECT 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 LANDSCAPE ARCHITECT 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 LANDSCAPE
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 this Agreement.
8. NOTICE OF CLAIM
If the LANDSCAPE ARCHITECT wishes to make a claim for additional compensation as
a result of action taken by the CITY, the LANDSCAPE ARCHITECT shall give written
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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 LANDSCAPE
ARCHITECT's fee shall be valid only to the extent that such changes are included in
writing signed by the CITY and the LANDSCAPE ARCHITECT. Regardless of the
decision of the SUPERINTENDENT relative to a claim submitted by the LANDSCAPE
ARCHITECT, all work required under this Agreement as determined by the
SUPERINTENDENT 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 LANDSCAPE ARCHITECT pursuant to Paragraph 4
hereof, no action shall be commenced by the LANDSCAPE ARCHITECT against the
CITY for monetary damages. LANDSCAPE 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 LANDSCAPE
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
The LANDSCAPE ARCHITECT agrees,to the fullest extent permitted by law, to indemnify and
hold harmless The City, its past,present and future Commissioners,officials, department heads,
and employees, (hereinafter collectively referred to as"Indemnitees") from and against all
liability,judgments,or other liabilities including costs,reasonable fees and expenses of defense
recoverable under applicable law incurred by Indemnitees to a third party arising from any loss,
damage, injury,death,or loss or damage to property, of whatsoever kind or nature to such third
party,to the extent caused by LANDSCAPE ARCHITECT's negligent acts, errors or omissions
in the performance of the services under this Contract and those of its agents, employees or
consultants. In the event of joint or concurrent negligence, LANDSCAPE ARCHITECT shall
bear only that portion of the loss or expense that its share of the joint or concurrent negligence
bears to the total negligence(including that of the third parties and Indemnitees)which caused
the personal injury or damage.Nothing stated herein shall be deemed to require the
LANDSCAPE ARCHITECT to indemnify or hold harmless any Indemnitee for its own
negligence or fault. Indemnitees do not waive their defenses or immunities under the Local
Government and Governmental Employees Tort Immunity Act(745 ILCS 10/1 et seq.)by reason
of this indemnification provision. Indemnification shall survive the termination of this Contract.
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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
LANDSCAPE ARCHITECT shall provide,maintain and pay for during the term of this
Agreement the following types and amounts of insurance:
A. Comprehensive Liability. 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 LANDSCAPE ARCHITECT shall deliver to the SUPERINTENDENT 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
SUPERINTENDENT.
The Certificate of Insurance shall include the contractual obligation assumed by the
LANDSCAPE ARCHITECT 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 LANDSCAPE ARCHITECT shall carry
LANDSCAPE ARCHITECT's Professional Liability Insurance covering claims
resulting from error,omissions or negligent acts with a combined single limit of not
less than$1,000,000 per claim. A Certificate of Insurance shall be submitted to the
SUPERINTENDENT as evidence of insurance protection. The policy shall not be
modified or terminated without thirty (30) days prior written notice to the
SUPERINTENDENT.
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13. CONSTRUCTION MEANS,METHODS.TECHNIQUES,SEQUENCES,
PROCEDURES AND SAFETY
The LANDSCAPE 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/AFFIRMATIVE ACTION
The LANDSCAPE ARCHITECT will not discriminate against any employee or applicant
for employment because of race, color, religion, sex, national origin, age, ancestry, order
of protection status, familial status, marital status, physical or mental disability, military
status, sexual orientation, or unfavorable discharge from military service which would not
interfere with the efficient performance of the job in question. LANDSCAPE
ARCHITECT shall take affirmative action to comply with the provisions of Elgin
Municipal Code Section 5.02.040 and will require any subcontractor to submit to the City
a written commitment to comply with those provisions. LANDSCAPE ARCHITECT shall
distribute copies of this commitment to all persons who participate in recruitment,
screening, referral and selection of job applicants and prospective subcontractors.
LANDSCAPE ARCHITECT agrees that the provisions of Section 5.02.040 of the Elgin
Municipal Code, 1976, as amended, is hereby incorporated by reference, as if set out
verbatim.
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
race, color, religion, sex, national origin, age, ancestry, order of protection status, familial
status, marital status, physical or mental disability, military status, sexual orientation, or
unfavorable discharge from military service.
Any violation of this paragraph 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 LANDSCAPE 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 LANDSCAPE ARCHITECT would have been obligated if it
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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 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 constitute 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 LANDSCAPE ARCHITECT may not issue any news releases without prior approval
from the SUPERINTENDENT, nor will the LANDSCAPE ARCHITECT make public
proposals developed under this Agreement without prior written approval from the
SUPERINTENDENT prior to said documentation becoming matters of public record.
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23. COOPERATION WITH OTHER CONSULTANTS
The LANDSCAPE 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 LANDSCAPE 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 LANDSCAPE ARCHITECT shall have written sexual
harassment policies that include, at a minimum,the following information:
A. the illegality of sexual harassment;
B. the definition of sexual harassment under state law;
C. a description of sexual harassment,utilizing examples;
D. the vendor's internal complaint process including penalties;
E. the legal recourse, investigative and complaint process available through the
Illinois Department of Human Rights,and the Illinois Human Rights Commission;
F. directions on how to contact the department and commission;
G. protection against retaliation as provided by Section 6-101 of the Human Rights
Act.
A copy of the policies shall be provided by LANDSCAPE ARCHITECT to the Department
of Human Rights upon request(775 ILCS 5/2-105).
26. SUBSTANCE ABUSE PROGRAM.
As a condition of this agreement,LANDSCAPE ARCHITECT 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.
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27. WRITTEN COMMUNICATIONS
All recommendations and other communications by the LANDSCAPE ARCHITECT to
the SUPERINTENDENT and to other participants which may affect cost or time of
completion, shall be made or confirmed in writing. The SUPERINTENDENT may also
require other recommendations and communications by the LANDSCAPE ARCHITECT
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:
Greg Hulke
Parks and Facilities Superintendent
City of Elgin
150 Dexter Court
Elgin, Illinois 60120-5555
B. As to the LANDSCAPE ARCHITECT:
Upland Design Ltd.
24042 Lockport St., Suite 200
Plainfield, IL 60544
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
LANDSCAPE 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, LANDSCAPE ARCHITECT hereby certifies, represents and
warrants to the CITY that all LANDSCAPE ARCHITECT'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. LANDSCAPE 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 LANDSCAPE ARCHITECT to
determine LANDSCAPE ARCHITECT's compliance with the provisions of this
paragraph. In the event the CITY proceeds with such an audit the LANDSCAPE
ARCHITECT shall make available to the CITY the LANDSCAPE ARCHITECT's
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relevant records at no cost to the CITY. LANDSCAPE ARCHITECT shall pay any and
all costs associated with any such audit.
30. COUNTERPARTS AND 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. This Agreement may be executed
electronically,and any signed copy of this Agreement transmitted by facsimile machine or
email 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 facsimile machine or email shall
be considered for these purposes an original signature and shall have the same legal effect
as an original signature.
IN WITNESS WHEREOF, the parties hereto have entered into and executed this
Agreement effective as of the date and year first written above.
CITY O .
B%:
Richard G. Kozal, City Manager
Attc t:
City Clerk
LANDSCAPE ARCHITECT:
By; Upland Design Ltd
Name/Print: Michelle A. Kelly
Title: President
Legal Dept\AgreementWgr-Upland Design-Mulberry Grove Park Renovation-Clean-5-22-23.docx
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ATTACHMENT A
SCOPE OF SERVICES
Project Scope: Upland Design Ltd with civil engineering assistance from Engineering Resource
Associates(ERA)proposes to accomplish the following work items to assist the City with the
park renovation. An approximate timeline is indicated, and actual dates will be set to
accommodate the City of Elgin needs. The project is to be implemented through public bidding
and construction by a contractor.
Survey and Soil Borings: A topographic survey will be prepared by Engineering Resource
Associates(ERA), an Illinois Licensed surveyor for the park site. This will be the base plan for
the design development and construction documents. The updated survey will exclude areas
outside of the project limits. If soil borings are not available from the city, Upland Design will
hire a geotechnical firm and will be completed as a reimbursable item. A four-phase approach is
delineated on the following pages. The phases include:
Phase I-Concept Planning
Phase II-Construction Documents&Permitting
Phase III -Bidding
Phase IV-Construction Observation
Phase I: Concept Planning
Site Visit: Upland Design staff has visited the site and observed its relationship to other existing
park facilities,roadways, and vegetation. Photos were taken for in-office reference. The City will
provide any historic plans or documents to assist the design team. The survey will be used as a
basis for planning.
Concept Planning: Upland Design will prepare one layout concept plan with court placement
and walkway options. A new access route will be designed from the existing sidewalk to the new
courts. Three playground options will be prepared. The black and white concept plan and cost
estimate will be reviewed with the City for comment prior to starting construction documents. (1
Virtual Meeting)
The City of Elgin will undertake a public survey or meeting of the playground options for the
site. Upland Design will provide updated playground concepts based on input from the concept
meeting. The City will share the results with Upland.
Phase II—Construction Documents&Permitting
Construction Document Preparation
Upland Design will prepare details,specifications, and scaled plans for the new courts and
renovated playground based on the approved plans and chosen play equipment. Plans for
implementation by a general contractor will address:
❑ Existing Conditions and Removals ❑ Site Layout and Dimensioning❑ Playground Layout
and Amenities Chart ❑ Net Equipment and Fencing 0 Grading, Drainage, and Erosion
Control 0 Landscaping and Lawn Restoration 0 Construction Details
Technical specifications will be prepared to cover each area of construction and a detailed bid
proposal form will be written. The City will prepare and provide the general front end
specifications. A review meeting with City of Elgin staff will take place at 85%document
completion. The cost estimate will be updated and reviewed for this meeting. Comments from
the review meeting will be incorporated into the documents and the plans, specifications and bid
form will be completed for public bidding. (I meeting)
Permits: City of Elgin Permits will be prepared for this project. This will include sizing and
design of rain garden facilities. It will not include stormwater detention/retention facilities. Given
that the area of disturbance is less one acre, an IL EPA NOI will not be prepared or submitted
unless it is required by the local permitting authorities.
Phase III-Bidding
The bid documents will be sent to the City digitally for distribution from the City offices. The
City will place an ad in the local paper and perform other required procedures for bidding.
Upland staff will be available throughout the bidding period to answer questions and prepare
addenda if needed. The City staff will open the bids, check for math, contact references and
prepare any required Board related documents. (no meetings)
Construction Contracts:The City will be responsible for contract preparation for bid winners.
Phase IV-Construction Observation
Upon award of a contract,Upland Design staff will make twelve total site visits during
construction including a punch list review. Site visit reports will be prepared and shared with the
City and contractor. Upland Design will be available by phone to answer questions,review pay
applications, and submittals for the project. City staff will also visit the site during construction
and observe progress. (12 site visits)
The Firm shall have the authority to act on behalf of the City only to the extent provided in this
Agreement. The Firm shall not have control over,charge of, or responsibility for construction
means,methods,techniques, sequences or procedures,or for safety precautions and programs in
connection with the construction work, nor shall the Firm be responsible for the Contractor's
failure to perform the construction work in accordance with the requirements of the Contract
Documents.
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Millennium Park OSLAD Development-City of Elgin
Upland Design Ltd
Chicago 312.350.4088 uplandDesign.com 815.254.0091 Plainfield
ATTACHMENT B
PROJECT SCHEDULE
Description Start Date Estimated Completion Date
Concept Planning and Public Input June 2023 July 2023
Construction Documents and Permitting June 2023 July 2023
Bidding and Bid Assistance August 2023 November 2023
Construction September 2023 June 2024
Page - 13 - of 13
Millennium Park OSLAD Development-City of Elgin
Upland Design Ltd
Chicago 312.350.4088 uplandDesign.com 815.254.0091 Plainfield