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HomeMy WebLinkAbout99-290 V Resolution No. 99-290 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH WILLIAMS ASSOCIATES ARCHITECTS, LTD. FOR THE ELGIN FAMILY RECREATION CENTER BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5 . 02 . 020B (6) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interests of the city; and BE IT FURTHER RESOLVED 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 design and construction services for the development of the Elgin Family Recreation Center, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: November 17, 1999 Adopted: November 17, 1999 Vote : Yeas 5 Nays 1 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk AGREEMENT THIS AGREEMENT, made and entered into this 17th day of November 1999, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY") and WILLIAMS ASSOCIATES ARCHITECTS, LTD., 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 new ELGIN FAMILY RECREATION CENTER (hereinafter referred to as the "PROJECT"). The Work shall be generally based upon the Master Plan drawings dated 19 August 1998, and Phase 1 Needs Assessment Report dated 16 November 1998, and Master Plan Service Proposal dated 14 July 1999, and prepared by Williams Associates Architects, Ltd. The PROJECT shall generally be based on a square foot area of 174,900 gross square feet, and an all inclusive PROJECT budget of$29,049,180. 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. The "Project Budget Summary"prepared by the ARCHITECT and dated 20 August 1999 is attached hereto as Exhibit I and made part of this Agreement and describes all elements contained in the Project scope and all consulting services as listed. B. The ARCHITECT shall provide the CITY with soil borings, site survey, topography, civil engineering services required as part of the Land Development, and Site Development requirements listed therein. C. All work hereunder shall be performed under the direction of the GENERAL SERVICES Page 2 MANAGER of the CITY, herein after referred to as the "MANAGER". D. The ARCHITECT's Basic Services shall consist of those described below, and any other services identified as part of Basic Services, and include normal structural, mechanical, aquatic, and electrical engineering services. The ARCHITECT shall meet periodically with a Project Advisory Team to review all aspects of the project, and shall meet with the City Council twice during each phase to review the project goals and to obtain approval to proceed into the next phase of the Work. E. The ARCHITECT shall provide a preliminary evaluation of the CITY's program, schedule and construction budget requirements, each in terms of the other. F. The ARCHITECT shall review with the CITY alternative approaches to design and construction of the PROJECT. G. Based on the mutually agreed upon program, schedule and construction budget requirements, the ARCHITECT shall prepare, for approval by the CITY, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of PROJECT components. H. The ARCHITECT shall submit to the CITY a preliminary estimate of Construction Cost based on current area, volume or other unit costs. I. The ARCHITECT shall assist the CITY in the RFP and interview process for the selection of the Construction Manager(CM) during the Schematic Design Phase. J. Based on the approved Schematic Design Phase documents and any adjustments authorized by the CITY in the program, schedule or construction budget, the ARCHITECT shall prepare, for approval by the CITY, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the PROJECT as to architectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate. K. With respect to the Design Development Documents, the ARCHITECT shall advise the CITY of any adjustments to the preliminary estimate of Construction Cost. Page 3 L. Based on the approved Design Development Documents and any further adjustments in the scope or quality of the PROJECT or in the construction budget authorized by the CITY, the ARCHITECT shall prepare, for approval by the CITY, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the PROJECT. M. With respect to the Construction Documents, the ARCHITECT shall advise the CITY of any adjustments to previous preliminary estimates of Construction Cost by changes in requirements or general market conditions. N. The ARCHITECT shall assist the CITY in connection with the CITY's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the PROJECT. O. The ARCHITECT, following the CITY's approval of the Construction Documents and of the latest preliminary estimate of Construction Cost, shall assist the CITY in obtaining bids or negotiated proposals, and preparing the bidding and related documents. P. The ARCHITECT's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the Contract for Construction and terminates at the earlier of the issuance to the Owner of the final Certificate for Payment or sixty (60) days after the date of Substantial Completion of the Work. Q. Duties, responsibilities and limitations of authority of the ARCHITECT shall not be restricted, modified or extended without written agreement of the CITY and ARCHITECT. R. The ARCHITECT shall be a representative of and shall advise and consult with the CITY (1) during construction until final payment to the Contractor is due, and (2) as an Additional Service after final payment. The ARCHITECT shall have authority to act on behalf of the CITY only to the extent provided in this Agreement unless otherwise modified by written instrument. S. The ARCHITECT shall visit the site at intervals appropriate to the stage of construction or as otherwise agreed by the CITY and ARCHITECT in writing to observe the progress and quality of the Work completed and to determine, in general, on the basis of such observation, if the Work is being performed in a manner indicating that the Work, when Page 4 completed, will generally be in accordance with the Contract Documents. The ARCHITECT shall provide 4-hours per week for on-site observations to check the quality or quantity of the Work during the 17-month Construction Phase. On the basis of on-site observations as an architect, the ARCHITECT shall keep the CITY informed of the progress and quality of the Work, and shall endeavor to guard the CITY against defects and deficiencies in the Work. T. 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 Work, since these are solely the CM's responsibility under the Contract for Construction. The ARCHITECT shall not be responsible for the CM's schedules or failure to carry out the Work in accordance with the Contract Documents. The ARCHITECT shall not have control over or charge of acts or omissions of the CM, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. U. The ARCHITECT shall at all times have access to the Work wherever it is in preparation or progress. V. All communications shall copy the CITY, the ARCHITECT, and the CM. Communications by and with the ARCHITECT's consultants shall be through the ARCHITECT. W. Based on the ARCHITECT's observations and evaluations of the CM's Applications for Payment, the ARCHITECT shall review and certify the amounts due the Contractor. X. The ARCHITECT's certification for payment constitute a representation to the CITY, based on the ARCHITECT's observations at the site, and on the data comprising the CM's Application for Payment, that the Work has progressed to the point indicated and that, to the best of the ARCHITECT's knowledge, information and belief, quality of the Work is generally in accordance with the Contract Documents. The foregoing representations are g Y g g P subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by the Architect, the issuance of a Certificate of Payment shall further constitute a representation that the CM is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment shall only represent that the ARCHITECT has (1) made Page 5 periodic weekly visits to the site to check the quality or quantity of the Work, (2) has not reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the CITY to substantiate the CM's right to payment or (4) ascertain how or for what purpose the CM has used money previously paid on account of the Contract Sum. Y. The ARCHITECT shall have authority to reject Work which does not conform to the Contract Documents. Whenever the ARCHITECT considers it necessary or advisable for implementation of the intent of the Contract Documents, the ARCHITECT will have authority to require additional inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. Z. The ARCHITECT shall review and approve or take other appropriate action upon Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The ARCHITECT's action shall be taken with such reasonable promptness as to cause no delay in the Work or in the construction of the CITY or of separate contractors, while allowing sufficient time in the ARCHITECT's professional judgment to permit adequate review. Review of such submittals is not conducted of other details such as dimensions and quantities or for substantiating instructions for installation or performance of equipment or systems designed by the CM, all of which remain the responsibility of the CM to the extent required by the Contract Documents. The ARCHITECT's review shall not constitute approval of safety precautions or of construction means, methods, techniques, sequences or procedures. The ARCHITECT's approval of a specific item shall not indicate approval of an assembly of which the item is a component. When professional certification of performance characteristics of materials, systems or equipment is required by the Contract Documents, the ARCHITECT shall be entitled to rely upon such certification to establish that the materials, systems or equipment will meet the performance criteria required by the Contract Documents. AA. The ARCHITECT shall prepare Change Orders and Construction Change Directives, with supporting documentation and data if deemed necessary by the ARCHITECT as provided herein for the CITY's approval and execution in accordance with the Contract Documents. Page 6 BB. The ARCHITECT shall conduct field monitoring to determine the date or dates of Substantial Completion and the date of final completion, shall receive and forward to the CITY for the CITY's review and records written warranties and related documents required by the Contract Documents and assembled by the CM, and shall issue a final Certificate of Payment upon compliance with the requirements of the Contract Documents. CC. The ARCHITECT shall interpret and decide matters concerning performance of the CM under the requirements of the Contract Documents on written request of the CITY. The ARCHITECT's response to such requests shall be made with reasonable promptness and within any time limits agreed upon. DD. Interpretations and decisions of the ARCHITECT shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and initial decisions, the ARCHITECT shall endeavor to secure faithful performance by both CITY and CM, shall not show partiality to either. EE. The ARCHITECT's decisions on matters relating to aesthetic effect shall be in the best interests of the CITY if consistent with the intent expressed in the Contract Documents. FF. The ARCHITECT shall render written decisions within a reasonable time on all claims, disputes or other matters in questions between the CITY and CM relating to the execution or progress of the Work as provided in the Contract Documents. II. ADDITIONAL SERVICES A. Additional Services by the ARCHITECT beyond the scope of work of this Agreement requires prior written approval of the City Council of the CITY, and shall be compensated according to the rate table listed herein, and upon such written approval. B. General Listing of Additional Services: 1. If authorized in advance in writing by the CITY, and additional field representation at the site is required, the ARCHITECT shall provide one or more PROJECT Representatives to assist in carrying out such additional on-site responsibilities during the Construction Administration Phase. Page 7 2. Making revisions in Drawings, Specifications or other documents when such revisions are: a) inconsistent with approvals or instructions previously given by the CITY, including revisions made necessary by adjustments in the CITY's program or PROJECT budget. b) Required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents; or c) due to changes required as a result of the CITY's failure to render decisions in a timely manner. 3. Providing services required because of significant changes in the PROJECT, including, but not limited to, size, quality, complexity, the CITY's schedule, or the method of bidding or negotiating and contracting for construction. 4. Preparing Drawings, Specifications and other documentation and supporting data, and providing other services in connection with Change Orders and Construction Change Directives. 5. Providing services in connection with evaluating substitutions proposed by the Contractor and making subsequent revisions to Drawings, Specifications and other documentation resulting therefrom. 6. Providing consulting concerning replacement of Work damaged by fire or other cause during construction, and furnishing services required in connection with the replacement of such Work. 7. Providing services made necessary by the default of the CM, by major defects or deficiencies in the Work of the CM, or by failure of performance of either the CITY or CM under the Contract for Construction. 8. Providing services in evaluating an extensive number of claims submitted by the CM or others not included in the basic contract documents in connection with the Work. 9. Providing services in connection with a public hearing, arbitration proceeding or legal proceeding except where the ARCHITECT is party thereto. If required to attend City of Elgin Zoning, Planning, City Council, staff preparation, etc. meetings for the zoning process, these services shall be performed on an hourly basis at the rates listed herein. 10. Preparing documents for alternate, separate or sequential bids, fast tracking, separate bid packages, or providing services in connection with bidding, negotiation or construction prior to the completion of the Construction Documents Phase. 11. Providing special surveys, environmental studies and submissions required for approvals of governmental authorities or others having jurisdiction over the PROJECT. 12. Providing services relative to future facilities, systems and equipment. • Page 8 13. Providing services to investigate existing conditions or facilities or to make measured drawings thereof 14. Providing coordination of construction performed by separate contractors beyond the scope of the basic CM trade contractors or by the CITY's own forces and coordination of services required in connection with construction performed and equipment supplied by the CITY. 15. Providing detailed estimates of Construction Cost. 16. Providing detailed quantity surveys or inventories of material, equipment, labor. 17. Providing services for planning tenant or rental spaces. 18. Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities. 19. Preparing a set of reproducible record drawings ("as-builts") showing significant changes in the Work made during construction based on marked-up prints, drawings and other data furnished by the CM to the Architect. The CM shall maintain an accurate record of all field changes and furnish that data to the ARCHITECT for preparation of a record set of"as-built" drawings and specifications. A not-to-exceed fee shall be established once the scope of work is defined. 20. Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance, and consultation during operation. 21. Providing services after issuance to the Owner of the final Certificate for Payment, or in the absence of a final Certificate of Payment, more than sixty (60) days after the date of Substantial Completion of the Work. 22. Providing services of consultants for other than architectural, structural, mechanical, aquatic, and electrical engineering portions of the PROJECT provided as a part of Basic Services. C. We have allowed 300 hours for PROJECT field representation in our Basic Services. This is based on 4-hours per week for a 17-month construction duration: 4.33 weeks per month x 17 months x 4 hours per week equaling approximately 300 hours. If additional time is required in writing by the CITY, it shall be provided on an hourly basis at the rates listed below. Page 9 RATE TABLE Principal $ 130.00/Hour Senior Associate $ 120.00/Hour Associate/Project Manager $ 96.00/Hour Project Coordinator- 1 $ 72.00/Hour Project Coordinator - 2 $ 65.00/Hour Project Coordinator—3 $ 60.00/Hour Technician- 1 $ 56.00/Hour Technician- 2 $ 46.00/Hour Technician—3 $ 40.00/Hour Construction Administrator- 1 $ 88.00/Hour Construction Administrator- 2 $ 66.00/Hour Accounting $ 60.00/Hour Administrative $ 60.00/Hour Secretarial $ 46.00/Hour Clerical $ 40.00/Hour Junior Draftsman $ 25.00/Hour D. For additional services of Consultants, not listed in the attached Exhibit I, including additional structural, mechanical, aquatic and electrical engineering services, and those identified as Additional Services, a multiple of one hundred and fifteen percent (1.15)times the amounts billed to the ARCHITECT for such services. (See Exhibit I for detailed listing of consultants.) E. The rates and multiples for any such Additional Services shall be annually adjusted in accordance with normal salary review practices of the ARCHITECT. The ARCHITECT shall submit annual rate changes in writing to the CITY effective June 1st of each year, with annual rate increases not to exceed five percent (5.0%). III. ADDITIONAL CONDITIONS / SERVICES The following provisions shall be included as additional conditions / services to this agreement: A. CM's Obligation to Insure for Bodily Injury Claims In all CM Instructions to Bidders, the CITY will permit the ARCHITECT to provide for the CM and all trade contractors responsible for construction, to purchase insurance to cover claims and expenses asserted against ARCHITECT, its employees and consultants for bodily injury, sickness, disease, or death caused by any negligent act or omission of the Page 10 CM, any Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts any of them may be liable. Should the CITY fail to require CM to name the ARCHITECT as an additional insured as specified above, then CITY will reimburse the ARCHITECT for all attorneys' fees and costs expended by ARCHITECT, which are not reimbursed by insurance in defending any claim made for bodily injury arising out of, resulting from or in connection with any construction where the Architect is not negligent or is found not to be in charge of the work. The ARCHITECT reserves the right to include the CM's responsibilities in the Project Manual. B. Responsibility for Code Compliance The ARCHITECT shall, to the best of his knowledge, comply with or respond in design to all known applicable laws, codes and regulations currently in effect as of the date of this Agreement. However, CITY recognizes that interpretations by governmental officials ("Code Authority") are often subject to change even after issuance of a building permit. If after award of the building permit modifications to the Drawings and Specifications are required because of an interpretation by the Code Authority which had not been previously given, or which if given, was different than a prior interpretation of the Code Authority, ARCHITECT shall make the required modifications, but the cost of such modifications shall be considered an Additional Service. Provided nothing contained herein shall relieve the ARCHITECT of its obligations to modify at its expense Plans and Specifications where the ARCHITECT has failed to prepare such in compliance with the applicable Government Requirements in force as of the date of this Agreement. C. Fast Track In order to minimize construction problems and change orders, the ARCHITECT's standard practice requires the completion of detailed working drawings prior to bidding and entering into firm construction contracts. However, CITY may choose to accelerate the completion of the work so that it is completed in a shorter time period than would normally be required. CITY understands that if construction or furnishings contracts are let prior to the completion of final working drawings and specifications, there will be increases in costs and change orders caused by the inability to coordinate Construction Documents, and the inability to make various decisions until after early bids are received and some construction undertaken. The ARCHITECT has no responsibility for these conditions. Page 11 D. Force Majeure In the event the ARCHITECT is hindered, delayed or prevented from performing its obligations under this Agreement as a result of any fire, flood, landslide, tornado, other act of God, malicious mischief, theft, strike, lockout, other labor problems, shortages of material or labor, failure of any governmental agency or CITY to furnish information or to approve or to disapprove the ARCHITECT's work or any other cause beyond the reasonable control of the ARCHITECT's time for completion of the ARCHITECT's work shall be extended by the period of resulting delay. E. Hazardous Materials CITY represents to the ARCHITECT that to the best of CITY's knowledge no hazardous or toxic substances within the meaning of any applicable statute or regulation are presently stored, or otherwise located, on the PROJECT site or adjacent thereto. Further, within the definition of such Statutes or Regulations, no part of the PROJECT site or adjacent real estate, including the ground water located thereon, is presently contaminated. ARCHITECT shall have no responsibility to locate or discover any hazardous or toxic substances. F. Builder's Risk Insurance The CITY shall cause the ARCHITECT, their consultants and employees to be named as additional named insureds under the Builders Risk Insurance applicable to the PROJECT to include soft costs in connection with redesign fees and expenses should a fire or other natural disaster occur which requires the facility to be rebuilt. G. Change Orders ARCHITECT's and ARCHITECT's Consultant's time in connection with Change Orders during the Construction Phase shall be considered an additional service billed as follows: If the change order results in an increased cost to the project scope, payment shall be made in an amount equal to 5.5% of the total cost of construction of the change order item; if the change order results in a decrease in the cost of the project scope, payment will be made based upon an hourly basis at the rates listed herein. Notwithstanding the foregoing, if a change order is the result of an error or omission by the Architect or the Architect's Consultant, the Architect and the Architect's Consultant shall provide their services as necessary, at no cost to the City, to investigate the problem, provide documents and prepare Page 12 change orders to correct any such problem. H. Alternates When approved by the CITY, ARCHITECT shall furnish all Alternates as an Additional Service as follows: The ARCHITECT shall provide each Alternate at 5.5% of the construction cost for that particular Alternate. If the Alternate is accepted by the CITY, the ARCHITECT shall be compensated for 100% of the fee cost. If the Alternate is not accepted by the CITY, then the ARCHITECT shall be compensated at 5.5% of 80% of the cost of the proposed alternative based upon the lowest Alternative Bid received at the time of bidding for each alternative. I. Disclaimer of Agency Relationship This Agreement shall not be construed so as to create a partnership,joint venture, employment, or other agency relationship between the parties hereto, except to the extent specifically provided for herein. J. Resolution Venue Venue for the resolution of any disputes, claims or controversies, or the enforcement of any rights arising hereunder shall be in the Circuit Court of Kane County, Illinois. K. Indemnity From CM and all Trade Contractors Required in Construction Contract The CITY will permit that the Project Manual prepared by the ARCHITECT will contain the following clause to be inserted in the General or Supplemental Conditions of all Construction Contracts for the PROJECT: To the fullest extent permitted by law, the CM and all trade contractors shall waive any right of contribution and shall indemnify and hold harmless the CITY, the ARCHITECT and their agents and employees and consultants from and against all claims, damages, losses and expenses, including but not limited to attorney's fees and economic damages arising out of or resulting from or in connection with the performance of the Work, Page 13 provided that any such claim, damage, loss or expense is caused in whole or in part by any negligent act or omission of any CM, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any part or person described in this Agreement. In any and all claims against the CITY or the ARCHITECT or any of their agents or employees and consultants by any employee of the CM or any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under this Paragraph agreement shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the CM or any Subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. "Claims, damages, losses and expenses" as these words are used in this Agreement shall be construed to include, but not limited to (1) injury or damage consequent upon the failure of or use or misuse by CM, its Subcontractors, agents, servants or employees, of any hoist, rigging, blocking, scaffolding, or any and all other kinds of items of equipment, including those covered in the Illinois Structural Work Act whether or not the same be owned, furnished or loaned by CITY; (2) all attorneys' fees and costs incurred in bringing an action to enforce the provisions of this indemnity or any other indemnity contained in the General Conditions, as modified by the Supplementary General Conditions; (3)time expended by the party being indemnified and their employees, at their usual rates plus costs of travel, long distance telephone and reproduction of documents; and (4) error or omission or defect in any submission made to ARCHITECT/Engineer for its approval or review. The obligations of the CM under this Agreement shall not extend to the liability of the CITY, and the ARCHITECT, their agents or employees, arising out of their negligence. L. Construction General Conditions The CITY shall permit the ARCHITECT to insert the following paragraph into the Project Manual and to be made a part of the General Conditions for the Construction of the Project: Page 14 "In performing its obligations for the CITY, the ARCHITECT and their consultants may cause expense for the CM or its subcontractor. However, the CM, its subcontractors and sureties shall maintain no direct action against the ARCHITECT, consultants, their agents and employees, for any claim arising out of, in connection with or resulting from the Work performed or required to be performed. Only the CITY shall be the beneficiary of any undertaking by the ARCHITECT/Engineer, its consultants, their agents and employees." IV. PROGRESS REPORTS A. The preliminary PROJECT milestone schedule is listed below: 1. Council Approval for Owner/Architect Contract (1.0 mo.) 13 Oct 99— 17 Nov 99 Negotiations 2. City Approves Contract and Authorizes Williams Associates Architects, Ltd. to begin Basic 17 Nov 99 Architectural /Engineering Services 3. Schematic Design Phase (2.0 mos.) 17 Nov 99 - 12 Jan 00 4. Design Development Phase (3.0 mos.) 12 Jan 00 - 15 Apr 00 5. Contract Documents Phase (6.0 mos.) 15 Apr 00 - 15 Oct 00 6. Bidding/Negotiations Phase (1.5 mos.) 16 Oct 00- 30 Nov 00 7. Construction Phase (16-18 months/use avg.) (17 mos.) 1 Dec 00 - 4 Mar 02 B. 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 MANAGER a monthly Status Report keyed to the PROJECT Schedule. A brief narrative will be provided identifying progress, findings and outstanding issues. V. 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 MANAGER 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. Page 15 VI. PAYMENTS TO THE ARCHITECT A. For previous services in conjunction with hourly master plan reassessment services. At the request of the City, the Architect has previously provided a reassessment of the 1998 building, program, site plan, floor plans, cost estimate and revenue/expense pro forma. In addition, the Architect has attended numerous staff, public and City Council meetings and led a tour of similar facilities. Such services have been provided through the City Council meeting of October 13, 1999. For such previous services provided, the Architect shall be reimbursed the total fee of$20,934. B. Percentage of Construction Cost Method 1. The CITY shall reimburse the ARCHITECT for services under this Agreement based on fee equal to 5.5% of the total cost of construction, including costs and fees of a CM, regardless of actual Costs incurred by the ARCHITECT unless SUBSTANTIAL modifications to the PROJECT are authorized in writing by the MANAGER. 2. In addition to the 5.5% of construction fee to be paid to the Architect, the Architect shall also be paid the sum of$25,850 for land development services and costs including all costs of Consultant" fees relating thereto. Land development services shall include those services as described in the preceding Section I Paragraph B hereof. 3. In addition to the professional services listed above, we will also invoice the CITY for our reimbursable expenses times a 1.15 multiplier. Reimbursables include such items as printing, photography, long distance phone calls, fax deliveries, etc. We shall invoice the CITY on a monthly basis for services provided, and payment is due within thirty (30) days of your receipt of each invoice. The reimbursable budget shall not exceed $165,000 without written City approval. There is a $35,000 allowance in this amount for CADD renderings, a model, or artist's renderings. Page 16 The ARCHITECT's Basic Services shall consist of the phases listed below. Schematic Design Phase 10% Design Development Phase 15% Contract Documents Phase 50% Bidding/Negotiations Phase 5% Construction Administration Phase 20% Total 100% 4. 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 fee schedule, and full payments for each task shall not be made until the task is completed and accepted by the MANAGER. Billing Date Activity Fees 17 Nov 99 Approved Agreement/Start Up/Schematic Design 8 Dec 99 Schematic Design $63,452 12 Jan 00 Schematic Design-Completed 12 Jan 00 $105,753 09 Feb 00 Design Development $126,902 08 Mar 00 Design Development-Completed 15 Apr 00 $126,903 12 Apr 00 Construction Documents $141,002 10 May 00 Construction Documents $141,002 15 Jun 00 Construction Documents $141,002 12 Jul00 Construction Documents $141,002 09 Aug 00 Construction Documents $141,002 13 Sep 00 Construction Documents-Completed 15 Oct 00 $141,005 11 Oct 00 Bidding/Negotiation $42,300 08 Nov 00 Bidding/Negotiation-Completed 30 Nov 00 $42,300 13 Dec 00 Construction $21,150 13 Jan 01 Construction $21,150 10 Feb 01 Construction $21,150 09Mar01 Construction $21,150 13 Apr 01 Construction $21,150 11 May 01 Construction $21,150 08 Jun 01 Construction $21,150 13 Jul 01 Construction $21,150 10 Aug 01 Construction $21,150 14 Sep 01 Construction $21,150 12 Oct 01 Construction $21,150 9 Nov 01 Construction $21,150 14 Dec 01 Construction $21,150 14 Jan 02 Construction $21,150 11 Feb 02 Construction $21,150 10 Mar 02 Construction-Substantial Completion 4 Mar 02 $21,155 Totals Project Totals $1,692,030 Page 17 The fee schedule above is preliminary in nature and may be adjusted from time to time by the CITY and ARCHITECT. The $1,692,030 fee again, represents 5.5% of the initial $26,611,300 construction cost estimate. An additional fee of$25,850 is included which represents those land development costs (See Exhibit I, page 2 of 4, line 2 through 22) associated with outside consultant services. The remaining items (Exhibit I, page 2 of 4, lines 23 through 36) represent fees to be paid by the City to utility companies. VII. INVOICES A. The ARCHITECT shall submit invoices in a format approved by the CITY. Monthly Progress reports 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. VIII. 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. IX. 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 MANAGER 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 breach hereof by the ARCHITECT. Page 18 X. 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 MANAGER relative to a claim submitted by the ARCHITECT, all work required under this Agreement as determined by the MANAGER shall proceed without interruption. XI. 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, or suspend services without further liability. XII. INDEMNIFICATION 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 caused by the ARCHITECT's negligent actions or omissions of employees or agents of the ARCHITECT arising out of the performance of this Agreement. XIII. 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. XIV. INSURANCE • Page 19 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 $2,000,000 aggregate for bodily injury and $2,000,000 aggregate for property damage. The ARCHITECT shall deliver to the MANAGER 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 MANAGER. The Certificate of Insurance which shall include Contractual obligation assumed by the ARCHITECT under Article IX entitled "Indemnification" shall be provided. 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 $2,000,000 per occurrence subject to a $2,000,000 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 $2,000,000 per occurrence. A Certificate of Insurance shall be submitted to the MANAGER as evidence of insurance protection. The policy shall not be modified or terminated without thirty (30) days prior written notice to the MANAGER. XV. NONDISCRIMINATION In all hiring or employment made possible or resulting from this Agreement, there shall be no discrimination against any employee or applicant for employment because of sex, age, race, color, creed, national origin, marital status, of the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification, and this requirement shall apply to, but not be limited to, the following: employment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including Page 20 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. XVI. 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. XVII. 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. XVIII.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. XIX. 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 Page 21 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. XX. 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. XXI. NEWS RELEASES The ARCHITECT may not issue any news releases or provide other communications without prior approval from the MANAGER, nor will the ARCHITECT make public proposals developed under this Agreement without prior written approval from the MANAGER prior to said documentation becoming matters of public record. XXII. COOPERATION WITH OTHER CONSULTANTS The ARCHITECT shall cooperate with any other consultants in the CITY's employ or any work associated with the PROJECT. XXIII.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. Page 22 XXIV. 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. XXV. WRITTEN COMMUNICATIONS All recommendations and other communications by the ARCHITECT to the MANAGER and to other participants, which may affect cost or time of completion, shall be made or confirmed in writing. The MANAGER may also require other recommendations and communications by the ARCHITECT be made or confirmed in writing. XXVI.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: DAVID L. LAWRY, P.E. General Services Manager City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 E-mail: lawry_d@cityofelgin.org Page 23 B. As to ARCHITECT: MICHAEL T. WILLIAMS, AIA Principal Williams Associates Architects, Ltd. 210 North Hale Wheaton, IL 60187 E-Mail: waa@waa-architects.com 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: Dated this 36t(day of n , A.D., 1999. ATTEST: THE CITY OF ELGIN By \ � ( l/ " �`��t,�v�— By City Clerk City Manager (SEAL) For the ARCHITECT: Dated this 17 day of IQ p El set 33 , A.D., 1999. ATTEST: WILLIAMS ASSOCIATES ARCHITECTS, LTD. By 7 aL,/,L.J.) Secretary President OFFICIAL SEAL CHERYL J KOERITZ (SEAL) CILIA NOTARY PUBLIC,STATE Of ILLINOIS MY COMMISSION EXPIRES:09/10/01 williams associates architects, ltd. architects planners 210 north hale street/wheaton/illinois 60187-5115 603 221.1212 PROJECT BUDGET SUMMARY SCHEME - A - Basic Facility RECREATION CENTER Project# 98019/99036 City of Elgin Original Budget . 19-Aug-98 Revised : 20-Aug-99 Preliminary Budget Updated Budget Actual Expense Description 8/19/98 8/20/99 • Land Development 54,000.00 58,050.00 0.00 [2,3] Site Development 2,207,300.00 4,078,050.00E 0.00 [4] Building Construction 17,240,200.00 22,475,200.00 0.00 [5] Furniture, Fixtures, &Equipment 584,200.00 716,250.00 0.00 Consultants 1,283,110.00 1,692,030.00 1 0.00 Miscellaneous Expenses 22,900.00 29,600.00, 0.00 • • • • • Total $21,391,710.00 $29,049,180.00, $0.00 [1] Architectural Fee is based on the totals of line 58 and 68. [2] Allowance for off site utility and roadway improvements is not included. [3] Land purchase costs not included. [4] Site development is assuming building on a current site. [5] Building construction cost is based on an average of$112.58 per square foot for a 174,900 SF building. 1998 Cost Estimate was based on an average of$104.57 per square foot for a 144,200 SF building. Costs have been adjusted from Aug. 1998 to Aug. 1999 to account for current market bid conditions. [6] Estimated costs are based on the 1999 construction season. Escalation is included and will increase these costs by approximately 4% per year. [7] Parking Structure-400 Cars in 1999 @ $8,500/Car. [8] Construction start is now presumed to be Mid-2000. • 98019\budget scheme A © williams associates architects, ltd. Printed : 11-Aug-99 Page 1 of 4 PROJECT BUDGET SUMMARY SCHEME - A - Basic Facility RECREATION CENTER Project# 98019/99036 City of Elgin Original Budget : 19-Aug-98 Revised : 20-Aug-99 Preliminary Budget Updated Budget Actual Expense Description 8/19/98 8/20/99 1 Land Development 2 Site Analysis 3 Soil Borings 4,000.00, 4,200.001 4 Site Survey 2,000.00 2,100.001 5 Site Topo 2,000.00 2,100.00 6 Land Cost (N.I.C.) 7 Due Diligence 8 Environmental Study Phase 1 2,000.00 2,100.00 9 Traffic Impact Study 3,000.00 3,150.00 io Legal Fees(By City Staff) 0.00 0.00 11 Tree Survey i 0.00 0.00 12 Title and Miscellaneous Costs 0.00 0.00 13 Permits 14 Zoning/Special Use 0.00 0.00 15 Construction 0.00 0.00 16 Environmental i 0.00 0.00 17 State/Pool 1,000.00 1,100.00 18 County Health 500.00 600.00 19 Final Survey/Record Drawings 2,000.00 2,100.00 20 City/Village/County Requirements 21 Preliminary Engineering 2,000.00 2,100.00 22 Final Engineering 6,000.00 6,300.00 23 Development and Utility Services 24 Electrical Service 16,000.00 16,800.00 25 _ Water Service i 2,500.00 2,650.00 26 Gas Service i 2,000.00 2,100.00 27 Sanitary Service 2,500.00 2,650.00 28 Cable TV 1,000.00 1,100.00 29 Telephone Service 1,000.00 1,100.00 30 Off Site Improvements 31 Roads/North and Grove(Alt) 0.00 (60,000)N.I.C. - 32 Utilities 0.00 0.00 _ 33 Other 0.00 0.00 34 35 Other Requirements 36 Miscellaneous 0.00 1,000.00 37 38 39 ao Sub-Total 49,500.00 53,250.00 0.00 a1 5.00 % Contingency 2,500.00 2,700.00 0.00 42 4.00 % Escalation to Construction[8] 2,000.00 2,100.001 0.00 43 44 Sub-Total $ 54,000.00 $58,050.00 $0.00 williams associates architects, ltd. 210 north hale street/wheaton/illinois 60187-5115 98019ebudget scheme A © williams associates architects, ltd. Printed : 11-Aug-99 Page 2 of 4 PROJECT BUDGET SUMMARY SCHEME - A - Basic Facility RECREATION CENTER Project# 98019/99036 City of Elgin 1 Original Budget 19-Aug-98 Revised: 20-Aug-99 Preliminary Budget Updated Budget Actual Expense Description 8/19/98 8/20/99 45 Site Development 46 Environmental Cleanup (N.I.C.) (N.I.C.) 47 Demolition/Clearing(Borden) 100,000.001 (N.I.C.) _ 48 [7] Parking Structure(200 cars @$8,000/car) i 1,600,000.00 3,400,000.00 49 Site Development/Grading 140,000.00 147,000.00 so Landscaping j 40,000.00 42,000.00 51 Watermain/Sanitary-Storm Sewer 50,000.00 52,500.00 52 Exterior Signage 15,000.00 15,750.00 53 Outdoor Terrace/&Decks/Miscellaneous 80,000.00 84,000.00 54 Sub-Total 2,025,000.00 3,741,250.00 0.00 55 5.00 % Contingency 101,300.00 187,100.00 0.00 56 4.00 % Escalation to Construction[8] 81,000.00 149,700.00 0.00 57 58 Sub-Total $2,207,300.00 $4,078,050.00 $0.00 59 60 Building Construction 61 General Building Construction 15,078,400.00 19,689,800.00 62 Fixed/Built-in Equipment _ 130,000.00 136,500.00 63 4.00 % Design Contingency 608,300.00 793,100.00 0.00 64 Sub-Total 15,816,700.00 20,619,400.00 0.00 ss 5.00 % Construction Contingency 790,800.00 1,031,000.00 0.00 66 4.00 % Escalation to Construction[8] 632,700.00 824,800.00 0.00 67 68 Sub-Total $17,240,200.00 $22,475,200.00 $0.00 69 70 Furniture,Fixtures,&Equipment _ 71 Data/Telecommunications Systems 40,000.00 42,000.00 72 Interior Signage 20,000.00 21,000.00 73 Window Coverings 24,000.00 25,200.00 74 Movable Furniture/Furnishings 25,000.00 26,250.00 7s Movable Program Equipment 27,000.00 28,350.00 76 Fitness Equipment 320,000.00 336,000.00 77 A/V Equipment 10,000.00 10,500.00 78 Security Equipment-Card Control/Video 15,000.00 80,000.00 79 Office Equipment 15,000.00 15,750.00 80 Artwork/Indoor Plantings 25,000.00 26,250.00 81 Miscellaneous Equipment _ 15,000.00 15,750.00 82 Parking/Security-Monitoring _ 30,000.00 _ 83 84 Sub-Total 536,000.00 657,050.00 0.00 85 5.00 % Contingency 26,800.00 32,900.00 0.00 86 4.00 % Escalation to Construction[8] 21,400.00! 26,300.00 0.00 87 88 Sub-Total 584,200.00 716,250.00 0.00 williams associates architects, ltd. 210 north hale street/wheaton/Illinois 60187-5115 98019\budget scheme A © williams associates architects, ltd. Printed : 11-Aug-99 Page 3 of 4 1 PROJECT BUDGET SUMMARY SCHEME - A - Basic Facility RECREATION CENTER Project# 98019/99036 City of Elgin Original Budget 19-Aug-98 Revised 20-Aug-99 Preliminary Budget Updated Budget Actual Expense Description 8/19/98 8/20/99 89 Consultants 90 Market Research Consultant 2,000.00 2,100.00! 91 Architect&MEP Consultants 92 [1] 5.50 %Fee i 1,069,610.001 1,460,430.00 93 Reimbursables 50,000.00 52,500.00 94 _ Additional Services&Phase One 20,000.00 (Paid)0.00 95 Miscellaneous Services 10,000.00 10,500.00 96 Specialty Consultants 97 Environmental Consultant i 0.00 0.00 - 98 Interior Design l 10,000.00 10,500.00 99 Landscape Design(including inline 91) 0.00 0.00 10o Security j 2,000.00 2,100.00 101 Telecommunications 1 3,000.00 3,150.00 102 Signage and Graphics 2,500.00 2,650.00 103 Reimbursables 2,000.00 2,100.00 104 Construction Materials Testing 105 Testing } 3,000.00 3,150.00 106 Reimbursables 0.00 0.00 107 Miscellaneous Reimbursables 3,000.00 3,150.00 108 Sub-Total ! 1,177,110.00 1,552,330.00 0.00 109 5.00 % Contingency 58,900.00 77,600.00 0.00 110 4.00 % Escalation to Construction[8] i 47,100.00, 62,100.00i 0.00 111 112 Sub-Total 1,283,110.00 1,692,030.00 0.00 113 114 Miscellaneous Expenses - 11 s Moving Expenses 1 ' 116 Personal 2,000.00 2,100.00 117 Office Equipment 0.00 0.00 118 Data Equipment 0.00 0.00 119 Final Cleaning _ 2,500.00 2,650.00 - 120 Insurance Title/Builders Risk -_ 1,000.00 1,050.00 121 Marketing/Brochures 3,000.00 3,150.00 122 Legal Fees(By City Staff) 0.00 0.00 - 123 Presentation Model/Renderings 2,500.00 2,650.00 124 Miscellaneous 10,000.00 10,500.00 125 Grand Opening 5,000.00 _ 126 — - - 127 128 Sub-Total 21,000.00 27,100.00 0.00 129 5.00 % Contingency 1,100.00 1,400.00 0.00 13o 4.00 % Escalation to Construction[8] 800.00, 1,100.00. 0.00 131 132 Sub-Total 22,900.00 29,600.00 0.00 williams associates architects, ltd. 210 north hale street/wheaton/illinois 60187-5115 98019\budget scheme A © williams associates architects, ltd. Printed : 11-Aug-99 Page 4 of 4 • yOFE1-Cs�ti Agenda Item No. �J City of Elgin November 5 , 1999 TO : Mayor and Members of the City Council FROM: Joyce A. Parker, City Manager SUBJECT: Design and Construction Related Services with Williams Associates Architects, Ltd. for the Family Recreation Center PURPOSE The purpose of this memorandum is to provide the Mayor and members of City Council with information to consider entering into an agreement with Williams Associates Architects, Ltd. for design and construction services for the development of the Family Recreation Center. BACKGROUND • On October 27, 1999 the City Council approved a revised Recreation Center Master Plan which included a recreation center not to exceed 174 , 900 square feet nor $29, 049, 180 in total costs . Elements of the center shall generally consist of dedicated program spaces for preschool, teens and seniors, a three-court gymnasium with second level walking track, racquetball courts, dance and aerobics rooms, fitness center, recreational and lap pool, multi-purpose rooms and administrative area. Changes may be made to sizes of the various components of the center but not to exceed the size or cost constraints and not without authorization from the City Council . Furthermore, staff received direction from the City Council to negotiate an agreement with Williams Associates for design and construction-related services . The attached agreement was developed to obtain from Williams Associates, services to design, bid and provide construction administration for the Recreation Center facility development . Design services will commence with schematic design attributes and end with bid recommendations to the City Council . Construction administration services will be limited to observation of construction progress in accordance with contract drawings and specifications . The services of a construction management firm • will be solicited to provide those services related to construction inspection and scheduling. The construction management firm will work closely with Williams Associates to develop plans and specifications for the various elements of the project to be bid. 1 ' Design and Construction Services November 5, 1999 Page 2 This construction management method was used successfully with the development of the law enforcement building. Williams Associates and the Advisory Committee will begin soliciting proposals for construction management in approximately three weeks . Bid packages will be prepared separately for the various construction elements of the project . This bidding method allows smaller local firms to bid on electrical, plumbing, etc . When low bidders are determined, the Advisory Committee will seek the City Council ' s authorization for the construction manager to enter into the construction contract . This procedure requires the construction manager to accept a certain amount of risk, requiring the closer coordination of the activities of the many contractors who will be involved in this project . Williams Associates will work closely with the Advisory Committee throughout all phases of development . Reports to the City Council will be prepared and presented throughout the various phases . Williams Associates provided additional services leading up to the October 27 approval, which were beyond the scope of the original agreement . Costs related to these services are included in the enclosed fee ($20, 934) , which generally consisted of revising the pro forma, additional concept plan layout and attending various staff and public meetings . COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Parks and Recreation Advisory Board. FINANCIAL IMPACT The total not-to-exceed cost for all services discussed above equals $1, 738, 814 . This cost represents the $20 , 934 charge for the reassessment of the 1998 Master Plan and $1, 717, 880 , which equals 5 . 5 percent of the current construction cost estimate of $26 , 611, 300, plus $25, 850 for land development costs . Land development consists of surveys, soil borings, utility coordination, etc . See Exhibit I for details . All of the above costs are consistent with the elements of the $29 , 049, 180 budget set by the City Council . As a comparison, fees being paid to Williams Associates by Glenview and Bartlett equal 5 . 5 percent and 6 percent , respectively. The fees for the law enforcement architectural design services were 6 . 987% of total construction costs, or $1, 088 , 000 . Sufficient funds exist, as approved by the City Council on October 27 , 1999 , to fund the subject contract . The project budget of Ili I $29 , 049 , 180 also anticipated the construction management contract fee . Design and Construction Services November 5 , 1999 Page 3 LEGAL IMPACT The City obtained proposals to select an architect to prepare the original concept plan. Because additional source selection procedures were not utilized to select an architect for the further services, as provided in the currently proposed agreement with Williams Associates Architects, an exception to the Procurement Ordinance will be required. ALTERNATIVES None . RECOMMENDATION It is recommended that the City Council authorize staff to execute the design and construction administration contract with Williams Associates Architects, Ltd. for the not-to-exceed fee of $1, 738 , 814 . Respectfully submitted, fLimr.cy Joyce A. Parker City Manager DLL :dw attachment