HomeMy WebLinkAbout24-167 Resolution No. 24-167
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH LEGAT ARCHITECTS FOR
PROFESSIONAL SERVICES IN CONNECTION WITH THE DOWNTOWN WASTE AND
RECYCLING ENCLOSURE 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 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 Legat
Architects, for professional services in connection with the downtown waste and recycling
enclosure project, a copy of which is attached hereto and made a part hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: June 26, 2024
Adopted: June 26, 2024
Vote: Yeas: 8 Nays: 1
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
AGREEMENT
THIS AGREEMENT is made and entered into this 26 day of June , 20 24 ,by
and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as
"CITY")and Legat Architects,an Illinois corporation (hereinafter referred to as"ARCHITECT").
WHEREAS, the CITY desires to engage the ARCHITECT to furnish certain professional
services in connection with the Downtown Waste and Recycling Enclosure 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 the 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 Director of Public
Works of the CITY,herein after referred to as the"DIRECTOR".
B. The scope of work will include professional architectural design, administrational
and construction oversight services.
C. A detailed Scope of Services for the PROJECT is attached hereto as Attachment A
and incorporated into this Agreement by this reference.
2. PROGRESS REPORTS
A. An outline project milestone schedule is provided hereinunder.
a. City Council Approval—May 22,2024
b. Notice to Proceed -May 23,2024
c. Design Services—May 2024-July 2024
d. Bid Letting—August/September 2024
e. Construction 2025
B. A detailed project schedule for the PROJECT is included as Attachment B,attached
hereto, and incorporated into this Agreement by this reference. Progress will be
recorded on the project schedule 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, 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 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 he 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 (Not To Exceed Method)
A. For services provided the ARCHITECT shall be paid a total fee not to exceed
$33,800.00 regardless of the actual costs incurred by the ARCHITECT unless
substantial modifications to the scope of the work are authorized in writing by the
DIRECTOR and approved by way of written amendment to this Agreement
executed by the parties.
B. For outside services provided by other firms or subconsultants,the CITY shall pay
the ARCHITECT the invoiced fee to the ARCHITECT,plus .25%. The cost of any
such outside services is included within the total not-to-exceed amount of$33,800
provided for in Section 4A above.
C. The cost of any reimbursable expenses is included within the total not-to-exceed
amount of$33,800 provided for in Section 4A above.
D. The CITY shall make periodic payments to the ARCHITECT based upon actual
progress within 30 days after receipt and approval of invoice. Said periodic
payments to the 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 DIRECTOR.
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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 and reimbursable
expenses actually incurred prior to termination, except that reimbursement shall not exceed the
task amounts set forth under section 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 section 6, shall be deemed concluded on the date
the CITY determines 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 his claim within 15 days after
occurrence of such action. No claim for additional compensation shall be valid unless so made.
Any changes in the ARCHITECT's fee shall be valid only to the extent that such changes are
included 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.
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,
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with the sole exception of an action to recover the monies the CITY has agreed to pay to the
ARCHITECT pursuant to section 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 section 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 section shall
survive any expiration and/or termination of this Agreement.
11. NO PERSONAL LIABILITY
No official, director, officer, agent or employee of the CITY shall be charged personally or held
contractually liable under any term or provision of this Agreement or because of their execution,
approval or attempted execution of this Agreement.
12. INSURANCE
The 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 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.
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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 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/AFFIRMATIVE ACTION
The 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. 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. ARCHITECT shall distribute
copies of this commitment to all persons who participate in recruitment, screening, referral and
selection of job applicants and prospective subcontractors. 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,
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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 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 agreed that,if any section, sub-section,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 sections 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
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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.
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A copy of the policies shall be provided by ARCHITECT to the Department of Human Rights
upon request(775 ILCS 5/2-105).
26. SUBSTANCE ABUSE PROGRAM.
As a condition of this agreement, 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 DIRECTOR prior to the entry into and execution of this agreement.
27. 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.
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 CITY: B. As to ARCHITECT:
City of Elgin Berardo J. DeSimone,Jr.
150 Dexter Court President&CEO
Elgin, Illinois 60120-5555
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 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 ARCHITECTS 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. 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 ARCHITECTS 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
ARCHITECTS relevant records at no cost to the CITY. ARCHITECT shall pay any and all costs
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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, email,or
other electronic means 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, email, or
other electronic means 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.
FOR THE CI FOR THE ARCHITECT:
By By:
City Manager Name/Print: Berardo J. DeSimone,Jr.
Title: President&CEO
Att st:
36Z//
City Clerk
Legal Dept\Agreement\ENGINEERING AGREEMENT-FORM-clean-8-10-22.docx
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ATTACHMENT A
SCOPE OF SERVICES
ATTACHMENT B
PROJECT SCHEDULE
LEGAT ARCHITECTS
Design with a Difference
April 25, 2024 VIA EMAIL
REV. 1
Aaron Neal
Director of Public Works
City of Elgin
1900 Holmes Road
Elgin, Illinois 60123
RE Fountain Square: Waste and Recycling Enclosure
Architect's Project Number: BD24-00XX
Proposal to Provide Professional Architectural Services
Dear Aaron:
Paul and I enjoyed meeting with you on Friday April 5th to tour the location of the proposed Waste and
Recycling Enclosure in the parking lot of Fountain Square and to learn more the scope of the project.
Pursuant to your request, Legat Architects("Architect") is pleased to submit this proposal to provide
professional architectural services to the City of Elgin ("Client"). The purpose of this letter is to summarize
the professional services to be provided and the related fees.
1.0 Project Parameters
1.1 Project Objectives:
1.1.1 Construct a Waste and Recycling Enclosure in the parking lot of existing Fountain
Square Apartment Homes Development to provide better aesthetics for the storage
of waste and recycling as well as provide better functionality of the pick-up and
collection of the waste and recycling.
1.2 Locations:
1.2.1 East Chicago Street&Riverside Avenue
Elgin, Illinois 60120
1.3 Project Activities
1.3.1 Provide a visual assessment of the existing conditions in work areas identified; and
1.3.2 Provide an estimate of probable cost; and
1.3.3 Complete drawings and specifications suitable for bidding; and
1.3.4 Assist in project bidding and the selection of the most qualified bidder; and
1.3.5 Perform construction observation; and
1.3.6 Assist in project closeout.
1.4 Physical Parameters
1.4.1 Construct a+/-425 square foot Waste and Recycling Enclosure located adjacent to
the existing retaining wall between the upper tier parking lot and the lower tier
parking lot adjacent to the Fountain Square Apartment Homes Development(Refer
to Exhibit"A"for Site Location Drawing and Exhibit"B"for Conceptual Design
Drawings provided by the Client).
1.5 Budget Parameters:
1.5.1 The overall Project Budget will be determined with the Client once the exact scope
of the project has been determined.
Aaron Neil
Proposal to Provide Professional Architectural Services
April 25, 2024-REV. 1
Page 2 of 6
1.6 Schedule Parameters:
1.6.1 It is the Architect's understanding that the City of Elgin would like to commence the
construction of the Project in the Summer of 2024.The exact schedule will be
determined with the Client once this proposal has been approved and the exact
scope of the project has been determined.
1.7 Project Delivery Method:
1.7.1 It is the Architect's understanding the Client intends to use a design-bid-build
delivery method and award a construction contract(s)to a general contractor
2.0 Architect's Scope of Services
2.1 Project Inception Phase (Schematic Design)
2.1.1 The Architect will review the scope of work, program, and preliminary conceptual
design drawings furnished by the Client(Refer to Exhibit"B"); and
2.1.2 The Architect will review laws, codes, and regulations applicable to the Architect's
scope of services; and
2.1.3 The Architect will perform the required field work and measuring of existing
conditions to complete the scope of work;and
2.1.4 The Architect will assist the Client in prioritizing the scope of work line items to
match the available funds as identified by the Client; and
2.1.5 The Architect will attend one(1)meeting to complete this phase and receive
approval of the Schematic Design Documents from the Client.
2.2 Project Formulation Phase (Design Development):
2.2.1 The Architect will provide a detailed visual assessment of the existing conditions
affected by the approved Schematic Design Documents; and
2.2.2 Based on the approved Schematic Design Documents,the Architect will prepare
Design Development Documents consisting of plans, sections, exterior elevations,
interior elevations, and typical construction details to fix and describe the size and
character of the Project as it relates to architectural and structural systems,and
other appropriate elements for the Client's approval; and
2.2.3 The Architect will develop outline specifications that identify major materials and
systems and establish, in general,their quality levels; and
2.2.4 The Architect will provide an updated estimate of probable cost; and
2.2.5 The Architect will assist the Client to modify the scope of work line items as required
based on the results of the Design Development Documents to assess the impact
on the initial estimate of probable cost; and
2.2.6 The Architect will assist the Client in obtaining proposals from and selecting
specialty consultants which may include, but not be limited to professional civil
engineering services, professional environmental testing, soil borings&geotechnical
report and construction materials testing as required; and
2.2.7 The Architect will attend two(2) meetings to complete this phase and receive
approval of the Design Development Documents from the Client.
2.3 Construction Documents Phase:
2.3.1 Based on the Client's approval of the Design Development Documents,the Architect
will complete Construction Documents consisting of drawings and specifications
setting forth in detail the quality levels and performance criteria of materials and
systems and their requirements for the construction of the Work; and
Aaron Neil
Proposal to Provide Professional Architectural Services
April 25, 2024-REV. 1
Page 3 of 6
2.3.2 The Architect will consult as required with authorities which may have jurisdiction
over scope of work line item(s); and
2.3.3 The Architect will provide an updated estimate of probable cost; and
2.3.4 The Architect will facilitate two(2)meetings to review the Construction Documents
with the Client (50% and 95%) and obtain their authorization to issue drawings and
specifications for bidding.
2.4 Bidding&Negotiations Phase:
2.4.1 The Architect will assist the Client in bidding the project and in the selection of the
most qualified bidder; and
2.4.2 The Architect will prepare and submit necessary building permit paperwork to
authorities having jurisdiction over scope of work line items(s) associated with the
design of architectural, mechanical, electrical, and plumbing disciplines; and
2.4.3 The Architect will address bidder inquiries in the form of Addenda to the Contact
Documents; and
2.4.4 The Architect will attend a Pre-Bid Meeting with the Client and the prospective
bidders; and
2.4.5 The Architect will attend one(1) meeting to discuss the results of the bids with the
Client.
2.5 Construction Phase:
2.5.1 The Architect will assist in administering the Contract for Construction; and
2.5.2 The Architect will attend Pre-Construction Meetings, Mobilization Meetings, and
weekly Owner-Architect-General Contractor meetings while construction operations
are in progress; and
2.5.3 The Architect will perform weekly job-site observations while construction operations
are in progress (we anticipate eight(5)job-site observation meetings); and
2.5.4 The Architect will review the Contractor's submittals such as shop drawings, product
data, and samples, but only for the limited purpose of checking for conformance with
the information given and the design concept expressed in the Contract Documents;
and
2.5.5 The Architect will address Requests for Information(RFI's)and issued Additional
Supplemental Instructions(ASI's) as applicable; and
2.5.6 The Architect may perform additional observations at instances of critical
construction activity; and
2.5.7 The Architect will assist the Client with facilitating project closeout.
3.0 Deliverables
3.1 Construction Documents will consist of drawings and specifications setting forth in detail the
quality levels of materials and systems and other requirements for the construction of the
Work.
4.0 Project Schedule
4.1 The overall Project Schedule will be determined with the Client once the exact scope of the
project has been determined.
4.2 Once established, the project schedule is subject to decisions made in a timely manner
pertaining to the documents submitted by the Architect for review in order to avoid
unreasonable delay in the orderly and sequential progress of the Architect's services.
Aaron Neil
Proposal to Provide Professional Architectural Services
April 25, 2024-REV. 1
Page 4 of 6
5.0 Compensation
5.1 The Client will compensate the Architect for the basic services outlined herein and in the AIA
Document B101 -2017 Edition on a Lump Sum Fee Basis identified in the Contract for
Construction as follows:
Architectural and Structural Engineering Services: $33,800.00
5.2 When stipulated or when work outside of the scope of services is required,the Client will
compensate the Architect on a Time and Material basis using the Schedule of Billable Rates
(Refer to attached Exhibit"C").
5.3 Reimbursable Expenses will be in addition to the Architect's compensation and shall be
invoiced using the multipliers indicated below times the expenses incurred by Legat
Architects.
5.3.1 Reproduction costs for drawings, specifications, addenda, reports, etc. required to
be submitted at the end of each contractual phase and for bidding purposes shall be
invoiced at 1.10 times.
5.3.2 Postage and delivery charges for bid documents and materials requested by the
Client or required by authorities having jurisdiction shall be invoiced at 1.10 times.
5.3.3 Necessary consultants outside the Basic Scope of Services, including professional
civil engineering services, as approved by the Client will be invoiced at 1.25 times.
5.3.4 Specialty consultants to provide boundary and topographic surveys and construction
materials testing will be invoiced at 1.10 times.
5.3.5 Other specialty consultants as approved by the Client will be invoiced at 1.25 times.
6.0 Client's Responsibilities
6.1 The Client will provide access to the project location and facilities and to all original
construction drawings, as-built documents, etc.that document the existing conditions.
6.2 The Client will designate a representative authorized to act on the Client's behalf with
respect to the projects. The authorized representative will render decisions in a timely
manner pertaining to documents submitted by the Architect in order to avoid unreasonable
delay in the orderly and sequential progress of the Architect's services.
7.0 Miscellaneous Provisions
7.1 Unless otherwise provided in this Agreement, Legat Architects and Legat Architects'
consultants will have no responsibility for the discovery, presence, handling, removal, or
disposal of or exposure of persons to hazardous materials in any form at the Project site,
including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or
other toxic substances.
7.2 Estimates of Probable Cost will be completed by referencing several sources, including
active construction projects involving Legat Architects, R.S. Means Construction Cost Data,
and historical construction information.
Aaron Neil
Proposal to Provide Professional Architectural Services
April 25, 2024 -REV. 1
Page 5 of 6
If you are in agreement with this proposal, you can authorize Legat Architects to proceed by signing
below. Please note that Legat Architects will not begin work until written authorization to proceed is
received.
If you have any questions regarding this proposal, please contact me at your earliest convenience.
Thank you.
Sincerely,
(V/
Jay D. Johnson
Principal/Project Manager
Legat Architects, Inc.
2015 Spring Road, Suite 175
Oak Brook, IL 60523
JDJ/JDJ
ATTACHMENTS Exhibit"A"-Site Location Drawing-REV. 1 (1 Page)
Exhibit"B"-Conceptual Design Drawings (9 Pages)
Exhibit"C"-Schedule of Billable Rates (1 Page)
EC Berardo J. DeSimone, Jr., President I CEO
Paul Pessetti, Project Manager
File: 1.01_Agreements
FILENAME BD24-00XX_PRO_240417_Fountain_Square_Trash_Enclosure.docx
AUTHORIZATION We accept the terms of this Proposal:
OWNER ARCHITECT
City of Elgin Legat Architects, Inc.
144 E. Railroad Street 2015 Spring Road, Suite 175
Sandwich, IL 60548 Oak Brook, IL 60523
Aaron Neil
Proposal to Provide Professional Architectural Services
April 17, 2024
Page 6 of 6
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LEGAT ARCHITECTS
Design with a Difference
Schedule of Billable Rates Exhibit "C"
ORGANIZATION City of Elgin
PROJECT TITLE Fountain Square: Waste and Recycling Enclosure
DATE April 17, 2024
BILLING RATES:
For the current calendar year, time spent by our staff members will be billed at the following hourly rates:
CLASSIFICATION HOURLY RATE
Principal $250.00
Project Manager $230.00
Project Associate/Architect $ 180.00
Associate $ 140.00
Graphic Designer $ 120.00
Student/Clerical $95.00
CONSULTANTS
Professional services for consultants and their expenses will be billed per contract terms the actual cost
to the firm. These consultants may include, but not be limited to,the following: mechanical, electrical,
plumbing, structural and civil engineers, kitchen, landscaping, acoustical, lighting, elevator, traffic, life
safety, cost estimating, along with any other consultants that may be required.
REIMBURSABLE EXPENSES
Reimbursable expenses are those out-of-pocket expenses incurred by our firm in the course of providing
professional services to our clients and will be billed at 1.1 times the actual cost to cover administrative
expenses. These expenses may include, but not be limited to,the following: postage and delivery
charges, reproduction costs for drawings, specifications, addenda, reports, etc. and photography and
rendering costs
NOTE
These rates are subject to change annually on December 31.
LEGAL ARCHITECTS
Design with a Difference
Project Schedule Attachment"B"
OWNER City of Elgin DATE April 29, 2024
PROJECT TITLE Fountain Square. Waste and PROJECT NO. BD24-00XX
Recycling Enclosure
DATE EVENT
May 22nd 2024 City Council Approval
May 23`d 2024 Notice to Proceed
May/ June 2024 Project Inception Phase
June 2024 Project Formulation Phase
July/August 2024 Construction Document Phase
August/ September 2024 Bidding and Negotiation Phase
Spring 2025 Construction Phase