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83-0509 Leisure Concepts and Design 83-oso�j AGREEMENT Agreement made as of the (:1day of OA , in the year of Nineteen Hundred and Eighty-three, between the City of Elgin, Illinois, hereinafter referred to as the "City", and Leisure Concepts and Design, Mt. Prospect, Illinois, hereinafter referred to as "LCD". Inasmuch as the City desires to make specific park improvements on its 400 acre site on the southwest side of Elgin for projects described as follows: Whereas, the City desires to develop a Softball Complex on a designated portion of its 400 acre site in the southwest side of Elgin, and Whereas, the planning and design of Phase One is to begin upon authorization of this Agreement so as to allow the construction work to be completed by October 14, 1984, and Whereas, the planning and design of Phase Two shall begin immediately upon authorization from the City, and Whereas, the City requires a detailed Master Site Plan and estimates of probable construction costs for the Softball Complex and its appur- tances, and Whereas, the City requires detailed plans, specifications, construction documents, bidding documents and construction administration for Phases One and Two of the project, and Whereas, the estimated budget for the project is $250,000.00 for Phase One and $704,000.00 for Phase Two, and Whereas, the scope of work includes the planning, design, architecture and engineering for: 10 - Softball Diamonds 6 - Lighting of Softball Diamonds 2 - Concession, Toilet, Storage Buildings 2 - Childrens Play Apparatus Areas and all necessary grading, drainage, landscaping and appurtances to the facilities as may be designated by the City within the prescribed budget, Now, therefore, the City and LCD agree to the conditions as set forth below. I. Leisure Concepts and Design Basic Services and Responsibilities A. Master Site Plan For Softball Complex 1. Make appropriate on-site inspections. 2. Meet with representatives of the City as may be required. .40 c4ncePts Page 1 of 9 3. Analyze the natural features, topographical data, and engineer- ing studies appropriate to existing and future site development. 4. Analyze the cultural features effecting the site and its immediate environs. 5. Prepare and review preliminary design concepts for the recreation- al use of the site and establish specific design objectives for the Phase One and Two development programs. 6. Prepare a final Master Site Plan, drawn to scale and identifying the location and character of all recreation and service elements contained in the plan. 7. Prepare a detailed estimate of probable construction costs and establish the scope of the Phase One and Two development pro- grams. B. Construction Documents Phase 1. Based upon the master site plans for the softball complex as authorized by the City, LCD shall prepare for approval by the City, Construction Documents consisting of drawings and specifica- tions setting forth in detail the requirements for construction of the project. 2. LCD shall assist the City in the preparation of the necessary bidding information, bidding forms, the Conditions of the Contract, and the form of Agreement between the City and the Contractor. 3. LCD shall advise the City of any adjustments to previous Statements of Probable Construction Cost indicated by changes in requirements or general market conditions. 4. LCD shall assist the City in connection with the City's responsi- bility for filing documents required for the approval of govern- mental authorities having jurisdiction over the Project. C. Bidding or Negotiation Phase 1. LCD, following the City's approval of the Construction Documents and of the latest Statement of Probable Construction Cost, shall assist the City in obtaining bids and assist in awarding and pre- paring contracts for construction. LCD shall investigate and recommend the lowest and best qualified bidder to the City. 2. In the event the bid costs exceed LCD's latest Statement of Probable Construction Costs and second bids are required, said second bids shall be prepared at no additional cost to the City. Le sve Oesgn Page 2 of 9 • 3. Phase One and Phase Two are expected to be bid and constructed separately. D. Construction Phase-Administration of the Construction Contract 1. The Construction Phase will commence with the award of the Con- tract for Construction and will terminate when final payment to the Contractor is made. 2. Unless otherwise provided in this Agreement and incorporated in the Contract Documents, LCD shall provide administration of the Contract for Construction as set forth below. 3. LCD shall be a representative of the City during the Construction Phase, and shall advise and consult with the City. Instructions to the Contractor shall be forwarded through LCD. LCD shall have authority to act on behalf of the City only to the extent provided in the Contract Documents. 4. LCD shall visit the site at intervals appropriate to the stage of construction or as otherwise agreed by LCD in writing to become familiar with the progress and quality of the Work and to determine if the Work is proceeding in accordance with the Contract Documents. However, LCD shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of such on-site observations LCD 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 of the Contractor. 5. LCD shall not have control 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, for the acts or omissions of the Contractor, Sub-contractors or any other persons performing any of the Work, or for the failure of any of them to carry out the Work in accordance with the Contract Docu- ments, except as specified in paragraph 16. 6. LCD shall at all times have access to the Work wherever it is in preparation or progress. 7. LCD shall determine the amounts owing to the Contractor based on observations at the site and on evaluations of the Contractor's Applications for Payment, and shall issue Certificates for Payment in such amounts, as provided in the Contract Documents. 8. The issuance of a Certificate for Payment shall constitute a representation by LCD to the City, based on observations at the site. And on the date comprising the Contractor's Application for Payment, that the Work has progressed to the point indicated; that, AN' u : e9,Vte Desi�n Page 3 of 9 to the best of LCD's knowledge, information and belief, the quality of the Work is in accordance with the Contract Document's, and that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment shall not be a representation that LCD has made any examination to ascertain how and for what purpose the Contractor has used the moneys paid on account of the Contract sum. 9. LCD shall be the interpreter of the requirements of the Contract Documents and the judge of the performance thereunder by both the City and Contractor. LCD shall render interpretations necessary for the proper execution or progress of the Work with reasonable promptness on written request of either the City or the Contractor, and shall render written decisions, within a reasonable time, on all claims, disputes and other matters in question between the City and the Contractor relating to the execution or progress of the Work or the interpretation of the Contract Documents. 10. Interpretations and decisions of LCD shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in written or graphic form. In the capacity of interpreter and judge, LCD shall endeavor to secure faithful performance by both the City and the Contractor, shall endeavor to protect the City to the limits of the Contract Documents, but shall not be liable for the result of any interpretation or decision rendered in good faith in such capacity. 11. LCD decisions in matters relating to artistic effect shall be final if consistent with the intent of the Contract Documents. 12. LCD shall have authority to reject Work which does not conform to the Contract Documents. Whenever, in LCD's reasonable opinion, it is necessary or advisable for the implementation of the intent of the Contract Documents, LCD will have authority to require special inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work be then fabri- cated, installed or completed. 13. LCD shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for conformance with the design concept of the Work and with the information given in the Contract Documents. Such action shall be taken with reasonable promptness so as to cause no delay. LCD approval of a specific item shall not indicate approval of an assembly of which the item is a component. 14. LCD shall prepare Change Orders for the City's approval and execution in accordance with the Contract Documents, and shall have authority to order minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are not in- consistent with the intent of the Contract Documents. Des.9n Page 4 of 9 15. LCD shall conduct inspections to determine the Dates of Substantial Completion and final completion, shall receive and forward to the City for the City's review written warranties and related documents required by the Contract Documents and assembled by the Contractor, and shall issue a final Certificate for Payment. 16. Nothing elsewhere in this Contract to the contrary the City invests in LCD the responsibility and authority to prepare the Specifications and Contract Documents so that they are correct, proper and safe in their completed form. During critical periods of construction, site supervision will occur and LCD will have the responsibility and authority to immediately stop any Work not in compliance with the Specifications and report same to the City. Any errors or omissions in the Specifications and Contract Documents prepared by LCD shall be corrected by LCD at no cost to the City. E. Additional Services The following Services are not included in Basic Services. They shall be provided if authorized or confirmed in writing by the City, and they shall be paid for by the City as provided in this Agreement, in addition to the compensation for Basic Services. 1. Providing services to investigate existing conditions or facilities or to make measured drawings thereof, or to verify the accuracy of other information furnished by the City. 2. Preparing documents of alternate, separate or sequential bids or providing extra services in connection with bidding, negotiation or construction prior to the completion of the Construction Docu- ments, when requested by the City. 3. Providing coordination of Work performed by separate contractors or by the City's own forces. 4. Making revisions in Drawings, Specifications or other documents when such revisions are inconsistent with written approvals or instruc- tions previously given, are required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents or are due to other causes not solely within the control of LCD. 5. Preparing Drawings, Specifications and supporting data and providing other services in connection with Change Orders to the extent that the adjustment in the fee resulting from the adjusted Construction Cost is not commensurate with the services required of LCD, provided such Change Orders are required by causes not solely within the control of LCD. 6. Providing services made necessary by the default of the Contractor, or by major defects or deficiencies in the Work of the Contractor, ' c« 5 or by failure of performance of either the City or Contractor under v Page 5 of 9 the Contract for Construction, provided said default, defects, or deficiencies were made known to the Owner and the Owner took no action. 7. Preparing a set of reproducible record drawings showing significant changes in the Work made during construction based on marked-up prints, drawings and other data furnished by the Contractor to LCD. 8. Preparing to serve or serving as an expert witness in connection with any public hearing or legal proceeding. 9. Providing services of consultants for other than the normal land- scape architecture, architecture and engineering services for the Project. 10. Providing any other services not otherwise included in this Agree- ment or not customarily furnished in accordance with generally accepted landscape architectural practice. II. The Owners Responsibility: A. The City shall provide full information regarding the requirements for the project including a program which shall be set forth in the Master Site Plan Design Objectives and further to be accom- plished as Phase One and Phase Two of the proposed development program. B. A budget for the project shall be set forth by the City and shall be utilized by LCD in the design process. C. The City shall designate a representative to serve as a liaison with LCD. D. The City shall furnish a legal description and a certified land survey of the site, giving, as applicable, grades and lines of streets, pavements and adjoining property; rights-of-way, restric- tions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and complete data pertaining to existing buildings, future mining, other improvements and trees; and full information concerning available service and utility lines both public and private, above and below grade, including inverts and depths. E. The City shall furnish the services and or reports of soil engin- eers or other consultants when such services are deemed necessary by LCD. Such services shall include test borings, test pits, soil bearing balues, percolation tests, air and water pollution tests, ground corrosion and resistivity tests, including necessary operations for determining subsoil, air and water conditions, with reports and appropriate professional recommendations. j'• Page 6 of 9 F. The City shall furnish structural, mechanical, chemical and other laboratory tests, inspections and reports as required by law. G. If the City observes or otherwise becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents, prompt written notice thereof shall be given by the City to LCD. H. The City shall furnish required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the LCD's services and of the Work. I. Shall make arrangements for all required meetings. III. Reimbursable Expenses A. Reimbursable Expenses are in addition to the Compensation for Basic and Additional Services and include actual expenditures made by LCD and its employees and consultants in the interest of the Project for the expenses listed as follows: 1. Expense of reproductions, postage and handling of Drawings, Specifications and other documents, excluding reproductions for the office use of LCD and LCD's consultants. 2. Expense of any additional insurance coverage or limits, including professional liability insurance, requested by the City in excess of that normally carried by LCD and LCD's consultants. IV. Termination of Agreement A. This Agreement may be terminated by either party upon seven days written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. B. This Agreement may be terminated by the City upon at least seven days written notice to LCD in the event that the Project is permanently abandoned. C. In the event of termination not the fault of LCD, LCD shall be compen- sated for all services performed to termination date, together with Reimbursable Expenses then due. V. Basis of Compensation For the services provided and described in Paragraphs IA, IB, IC, ID and IE, LCD has calculated its fee on the basis of a projected budget of $954,000.00. A. Master Site Plan, Item IA. Fee: Three thousand, five hundred dollars ($3,500.00) . Payable: Payable upon final presentation of the master �■ CO`was site plan to representatives of the City. moi^ Page 7 of 9 B. Phase One Construction Documents, Bidding and Construction Administration, Items IB, IC, ID, and IE. Probable Construction Costs: Not to Exceed $250,000.U0. Fee: Twenty-two thousand five hundred dollars ($22,500.00) . Payable: Monthly payments based upon the following percentages of completion: Construction Documents - 75% Bidding - 80% Construction Administration -100% C. Phase Two, Construction Documents, Bidding and Construction Administration, Items IB, IC, ID and IE. Probable Construction Costs: Not to Exceed $704,000.00. Fee: Thirty-eight thousand, seven hundred, twenty dollars ($38,720.00) . Payable: Monthly payments based upon the following percentages of completion: Construction Documents - 75% Bidding - 80% Construction Administration -100% D. Additional Services 1. In the event the City wishes to increase the scope of work to be included in Phase One and Two programs beyond that offered in your RFP letter of April 12, 1983 and in addition to the budget of $954,000.00, LCD will provide requested services on the basis of a Percentage of Construction Costs. 2. When compensation is based on a percentage of Construction Cost, and any portions of the Project are deleted or otherwise not constructed, compensation for such portions of the Project shall be payable to the extent services are performed on such portions, in accordance with the schedule set forth in Subparagraph VD3, based on (1) the lowest bona fide bid or negotiated proposal or, (2) if no such bid or pro- posal is received, the most recent Statement of Probable Construction Cost or Detailed Estimate of Construction Cost for such portions of the Project. 3. When compensation is based on a Percentage of Construction Costs the percentage payable is Six Percent (6%) of Construction Costs. Deggn Page 8 of 9 A E. LCD shall be entitled to compensation for all services performed in accordance with this Agreement, whether or not the Construction Phase is commenced. F. If the scope of the project is changed materially, the amounts of compensation shall be equitably adjusted. This Agreement entered into as of the day and year first written above. City of Elgin, Illinois Leisure Concepts and Design 300 West Golf Road Mt. Prospect, Illinois 60056 By: _ 1 A.._i Air Title! t � ?WIPP . uerst, President By: Title: (1 (� jr ;11.` V'; April 28, 1983 MEMORANDUM TO: Leo Nelson FROM: Phil Bennett SUBJECT: Design Firm for Elgin Mental Health Center Ball Fields. The City recently received a grant of $165,000 from the Federal Government under the LAWCON program. This money became available as a result of the "jobs bill" and has some very stringent time requirements for being spent. It was realized that only a partial development of the ball field complex could be achieved within the financial and time constraints. However, even a partial devel- opment must adhere to a comprehensive ball field complex development plan. The Public Property and Recreation Department has solicited and received 5 proposals to do the design work for this project. Design work consists of site master plan, complete plans, specifications, and bid documents to take the project through the bid- ding process. The work also consists of normal job site supervision during construct- ion, and contract administration. Requests for these proposals were sent out on April 11, 1983 and the proposals were due and received in our office April 25, 1983 so that the board could review them at its regular April 26th meeting. The reason for this tight scheduling is the rather severe time constraints imposed on the project by the Department of Conservation. Again, the grant is a result of the "jobs bill" money and the Federal Government is anxious to have the money spent. In the initial time schedule sent by the Deparment of Conservation we were to have working drawings, plans and specifications in Springfield by May 30, 1983. I called the Department of Conservation and asked for an extension. I was told a rea- sonable extension on this particular date would be allowed, but I must make the request in writing. I wrote and asked for an extension to July 9, 1983 for delivery of plans and specifications. I have not had a reply from the Department of Conservation but I assume my request is acceptable. Even with the extension we are still under a serious time constraint. The Park and Recreation Board reviewed the proposals at its regular meeting on April 26th. I asked the board in their deliberation to especially consider 4 factors in regard to the proposals: experience in park and recreation design, fees, references, and time to com- plete the work. The board deliberated for some time and respectfully recommends to City Council that Council employ the firm of Leisure Concepts and Design of Mount Prospect, Illinois to do the necessary design work for the ball fields. The board felt that Leisure Concepts and Design had good experience in the field of park design and good past experience with the City. The principal in Leisure Concepts, Mr. Carl Fuerst, was a principal with McFadzean and Everly when that firm did the design work for Wing Pool and Clara Howard Park. The board felt that Leisure Concepts' fee structure, $64,720, was competitive, its references were the best of those firms making proposals, and that its stated time to complete the necessary work was within the constraints we have. The board felt that Leisure Concepts presented the most acceptable proposal submitted. Page 2 • Leo Nelson 4/28/83 The board did not select Harland Bartholomew & Associates, the apparent "low bidder" , for several reasons. Harland Bartholomew did not include construction supervision in the basic services as all the others did. Therefore, Harland Bartholomew's fee sche- dule was not comparable to the others. I subsequently called Harland Bartholomew and they gave me a "not to exceed" price of $8,600 for construction supervision. Addition- ally, the good reference given by St. Louis Co. Missouri was a result of work done by Harland Bartholomew's St. Louis office not the Chicago office. Further, a number of members of Harland Bartholomew's Chicago staff left the firm in the recent past and formed their own company, Thompson Dyke and Associates. We were able to contact only one reference for Harland Bartholomew and that one was the St. Louis reference cited above. Two of the references given by Harland Bartholomew were also given by Thompson Dyke and Associates. In fact the work done for these two references was done by the firm of Harland Bartholomew but by the personnel who are now Thompson Dyke and Associ- ates. So we were not able to obtain very recent references for Harland Bartholomew's Chicago office. In addition, Harland Bartholomew's proposal contained several errors. Therefore, the board felt uncomfortable with the very low fee quoted, the lack of re- cent references, the discrepancy regarding construction supervision, and the errors in the proposal . I have attached: 1. The original proposals. 2. Reference checks. These are inserted inside the front cover of each proposal . Reference checks were done by Park Superintendent, Jay Foss, and me. Each of us selected some references from each proposal and called the reference asking them the questions on the format. That format and the re- plies comprise the checks. 3. A very brief comparison of the proposals. 4. A copy of the Department of Conservation time schedule for this project. (Phase I) 5. The Park Board minutes of April 26, 1983. I would respectfully request that Council select a design firm and authorize a contract at its May 9, 1983 meeting. This is a very urgent matter if we are to comply with the Department of Conservation regulations and keep the grant. PB/sl attachments BRIEF COMPARISON OF PROPOSALS Basic Services (Master Plan, Construction Drawings Phase 1-2, Construction Documents, Bids, Supervision, Meetings. Time to Complete Master Plan & Phase I, and Phase II FIRM BASICS TIME $ CHARGES FOR ADDITIONAL WORK Leisure Concepts & Design OK 66 days 64,720 6% construction costs Ralph Burke, Inc. OK 120-150 days 76,250 Time + expenses Thompson Dyke & Assoc. OK 66 days 60,950 Negotiable Harland Bartholomew & Assoc * ** 65 days 43,940 No provision - assume negotiable Fritz & Associates OK 120 days 67,000 No provision - assume negotiable * This proposal contained one sentence that did not make sense in section titled "Personnel". There is a typo in the same paragraph. Under references for St. Louis Co. Missouri , the reference person was listed as Mrs. Humphries and it should have been Mr. The phone number was also listed incorrectly. ** The basic proposal does not include site and construction inspection or "project surveil- lance", during construction. All other proposals include this service. If the City desires this service the cost would be a "not to exceed" amount of $8,600, for both phases.