Loading...
HomeMy WebLinkAbout98-102 Resolution No. 98-102 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH WILLIAMS ASSOCIATES ARCHITECTS LTD. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Joyce A. Parker, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Williams Associates Architects Ltd. for the Phase I Recreation Center development master plan for a fee not to exceed $15,000, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly Kevin Kelly, Mayor Presented: April 22, 1998 Adopted: April 22, 1998 Vote: Yeas 4 Nays 2 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk AGREEMENT THIS AGREEMENT, made and entered into this 22nd day of April , 1998, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY" ) and Williams Associates Architects Ltd. (hereinafter referred to as "ARCHITECT" ) . WHEREAS, the City desires to engage the ARCHITECT to furnish certain professional services in connection with Phase I; Recreation Center Development (hereinafter referred to as the "PROJECT" ) . AND WHEREAS, the ARCHITECT represents that he 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 to act for and represent it in all architectural matters involved in the PROJECT, subject to the following terms and conditions and stipulations, to-wit: I . SCOPE OF SERVICES A. All work hereunder shall be performed under the direction of the Director of Parks and Recreation of the CITY, herein after referred to as the "DIRECTOR" . B. Scope of Project: Recreation Center Development; Phase I . 1 . To determine facility(s) needed for the Elgin community based on 1995/1996 Needs Assessment for an Elgin Recreation Center, national standards for recreational amenities per capita, comparisons with existing facilities in community, and community growth estimations . 2 . To determine land size needs for facility(s) and possible locations . 3 . To develop preliminary facility(s ) design ( i .e. building, parking areas, outside recreational amenities such as playground, athletic fields, etc. ) (2) 4 . To establish facility construction as well as operating expense budget and operating revenue projections . 5 . To establish building operating plan including, but not limited to staff, maintenance, general operating, etc . 6 . To provide creative, alternative funding options for development. C. Consultant/Architect Services : Recreation Center Development; Phase I 1 . Attending meetings with City of Elgin staff to establish the process for conducting the facility development master plan. Two (2 ) meetings . 2 . Preparation of development master plan and preliminary site and facility(s) design for staff review and input. Master plan to encompass items listed under "Scope of Project: Phase I . " 3 . Preliminary development master plan and site/ facility design evaluation meetings with staff . Three ( 3) meetings . 4 . Finalize development master plan and preliminary site/facility design for approval . 5 . Presentation of final master plan and prelim- inary facility(s) design to the Parks and Recreation Advisory Board and the City Council for approval . Two ( 2 ) meetings . II . PROGRESS REPORTS A. An outline project milestone schedule is provided herein. It is the intent to complete Phase I of this project by July 8, 1998 . Determination to proceed with Phase II and Phase III of the project will be considered during the 1999 budget process . The proposed project schedule is as follows : April 23, 1998 Contract consultant/architect for Phase I . ( 3) May 29, 1998 Preliminary master plan and facility(s) design to staff . June 12, 1998 Staff revisions complete. June 18, 1998 Public hearing. June 30, 1998 Parks and Recreation Advisory Board presentation. July 8, 1998 City Council presentation. B. The Architect will submit to the Director a monthly status report keyed to the Project Schedule. A brief narrative will be provided identifying progress, findings and outstanding issues . III . WORK PRODUCTS All work products prepared by the ARCHITECT pursuant hereto including, but not limited to reports, designs, calculations, work drawings, studies, photographs, models and recommendations shall be the property of the CITY and shall be delivered to the CITY upon request of the DIRECTOR provided, however, that the ARCHITECT may retain copies of such work products for its records . Such work products are not intended or represented to be suitable for reuse by the CITY on any extension to the PROJECT or on any other project, and such reuse shall be at the sole risk of the CITY without liability or legal exposure to the ARCHITECT. IV. PAYMENTS TO THE ARCHITECT (Not to exceed method) A. For services provided the ARCHITECT shall be reimbursed monthly based on the percent of the project completed with the total fee not to exceed $15,000 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. B. 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 stated above, and full payments for each task shall not be made until the task is completed and accepted by the DIRECTOR. C. Reimbursables for Phase I shall not exceed $400 . Detailed expenses for reimbursables must be included with monthly invoices . ( 4) V. INVOICES A. The ARCHITECT shall submit invoices in a format approved by the CITY. Progress reports ( IIB 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. VI . 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 Paragraph IV above. VII . TERM This Agreement shall become effective as of the date the ARCHITECT is given a written Notice to Proceed and, unless terminated for cause or pursuant to Article VI foregoing, shall expire on the date the DIRECTOR determines that all of the ARCHITECTS 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 breach hereof by the ARCHITECT. VIII .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 ARCHITECTS 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. (5) IX. 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. X. INDEMNIFCATION The ARCHITECT shall indemnify and save harmless the CITY, its officers and employees from and against any and all loss, liability and damages of whatever nature, including Workmen' s Compensation claims, in any way resulting from or arising out of negligent actions or omissions of the ARCHITECT in connection herewith, including negligent actions or omissions of employees or agents of the ARCHITECT arising out of the performance of professional services . XI . 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 attempt execution of this Agreement. XII . INSURANCE A. Comprehensive Liability. The ARCHITECT shall provide, pay for and maintain in effect, during the term of this Agreement, a policy of comprehensive general liability insurance with limits of at least $1,000,000 aggregate for bodily injury and $1, 000, 000 aggregate for property damage. The ARCHITECT shall deliver to the DIRECTOR a Certificate of Insurance naming the CITY as additional insured. The policy shall not be modified or terminated without thirty ( 3) days prior written notice to the DIRECTOR. The Certificate of Insurance which shall include Contractual obligation assumed by the ARCHITECT under Article IX entitled "Indemnification" shall be provided. ( 6 ) 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 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 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. XIII .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, sequence or procedures, or for safety precautions and programs in connection with the construction, unless specifically identified in the Scope of Services . XIV. 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 occupation qualification, and this requirement shall apply to, but not be limited to, the following: employment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. ( 7) 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. XV. 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. XVI . 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 assign- ment, delegation or subcontract had been made. XVII . NO CO-PARTNERSHIP OR AGENCY It is understood and agreed that nothing herein contained is intended or shall be construed to, in any respect, create or establish the relationship of co- partners between the CITY and the ARCHITECT or as constituting the ARCHITECT as the general represent- ative or general agent of the CITY for any purpose whatsoever. XVIII . 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 enforceable, all other portions of this Agreement shall remain in full force and effect. ( 8) XIX. HEADINGS The headings of the several paragraphs of this Agree- ment 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. XX. 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. XXI . 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 . XXII . NEW 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. XXIII . COOPERATION WITH OTHER CONSULTANTS The ARCHITECT shall cooperate with any other consultants in the City' s employ or any other work associated with the PROJECT. XXIV. INTERFERENCE WITH PUBLIC CONTRACTING: P.A. 85-1295 The ARCHITECT certifies hereby that it is not barred from bidding on this contract as a result of violations of either Section 33E-3 or Section 33E-4 of the Illinois Criminal Code. ( 9) XXV. 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 (copy attached) . A copy of the policies must be provided to the Department of Human Rights upon request P.A. 87-1257 . XXVI . 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. XXVII . 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 : ( 10) A. As to CITY: Monica Meyers Director of Parks and Recreation City of Elgin 31 South Grove Avenue Elgin IL 60120 B. As to ARCHITECT: Michaelrr . Williams, Principal Williams Associates Architects, Ltd. 210 North Hale Street Wheaton IL 60187 IN WITNESS WHEREOF, the undersigned have placed their hands and seals upon and executed this Agreement in triplicate as though each copy hereof was an original and that there are no other oral agreements that have not been reduced to writing in this statement. For the CITY: ATTEST: THE CITY OF ELGIN By �� By City lerk Ci y Manager (SEAL) ( 11) For the ARCHITECT: Dated this 13 day of A ? 1L , A.D. , 1998 . ATTEST: By ��L! /&JL By L�G% W.IL.,e Secetary President vow', •���� � 7YJ1 GHAEL T. W iLt-1AMS M I C. I-1.4 i- T. w 1-3-.►APet `- ( EAL) OLL:kciA_, sckietivu lWVVW1h'.,.V OFFICIAL SEAL71 AGREEMEN.T98/TEXT081/RECENTER CATHRYN M SCHLEPER NOTARY PUBLIC,STATE OF ILLINOIS MY COMMISSION EXPIRES:06/08/99 s ' "" OF E(C/ `� " '� IP Agenda Item No. City of Elgin g April 1, 1998 TO: Mayor and Members of the City Council FROM: Joyce A. Parker, City Manager SUBJECT: Recreation Center Architect PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider entering into an agreement with Williams Associates Architects, Ltd. of Wheaton, IL for Phase I Recreation Center Development Master Plan. BACKGROUND Thirty architectural firms from the National Parks and Recrea- tion recreation center architects data base were solicited with a request for proposal . Eight responses were returned showing an interest in the project . Those responses were reviewed by a five member staff evaluation team with Williams Associates Architects, Ltd. being the top ranked firm. The rankings of the firms are as follows : Ranking/Points* Firms 1/65 Williams Associates Architects . Ltd 2/63 OWP&P Architects/The Sports Management Group 3/52 Sverdrup Facilities, Inc . 4/48 Burnidge Cassell Architects 5/47 Pollock, Holzrichter, Nicholas, Ltd. 6/18 Shayman, Salk, Arenson, Sussholz & Co. 7/14 WCT Architects, Inc. 8/13 Larsen, Kramer, Kjelstrom & Associates, Ltd. * 75 total possible points The recreation center development has been divided into three phases : Phase I will utilize the preliminary data collected from the 1995/1996 Recreation Center Needs Assessment and National Parks and Recreation Community Serving Standards to develop a facility master plan including amenities to be incorporated in building, land size needs, possible site locations, operating expense/revenue budgets, building operat- ing plan, preliminary design plan, construction budget and timetable . A design team of staff and Parks Board members will assist in the development of the master plan with the architect . A public meeting will be held to receive public input regarding the preliminary plan prior to review by the Parks Board and final approval from the City Council . A111 Recreation Center Architect April 1, 1998 Page 2 Phases II and III involve final construction drawing/bidding and project management, respectively. However, it is recom- mended that only Phase I be undertaken at this time as the construction costs must be incorporated in the City' s finan- cial plan. Upon satisfactory completion of Phase I and an established budget, future phases could be addressed. The City would be under no obligation with Williams Associates Architects, Ltd. after Phase I is finished. It is expected that Phase I will be completed within 80 days . Williams Associates Architects, Ltd. fee for Phase I is $15, 000 , with a reimbursable cap of $400 . COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Parks and Recreation Advisory Board. FINANCIAL IMPACT Sufficient funds are budgeted and available in the Riverboat Lease Fund, account number 276-0000-791 .45-99, Other Miscella- neous Services, project number 509540, to cover the Phase I $15, 000 base fee and reimbursable cap of $400 for Williams Associates Architects, Ltd. LEGAL IMPACT A standard City Agreement for Professional Services will be utilized. ALTERNATIVES Without the services of a recreation center architect, the recreation center development project cannot proceed. RECOMMENDATION It is recommended that a contract with Williams Associates Architects, Ltd. be approved for Phase I - Recreation Center 1 Development Master Plan Phase at a not-to-exceed fee of $15, 000 . ectfully submitted, a� , t9ic_ J ce A. Parker City Manager MM/mm