92-0226 EDAW Inc Walton Island EDAW
STANDARD SERVICES AGREEMENT
This Agreement is made as of February 26, 1992,by and between the City of Landscape Architecture
ElElgin ("Client" and EDAW Inc. a California corporation. Planning
g ("Client") l� Urban Design
Environmental Analysis
The Owner (if not the Client) of the Project property is: Site Engineering
Graphic Design
Name: City of Elgin
Address: 150 Dexter Court
Elgin, IL 60120
Name of Contact Person: Ms. Deborah K.Nier
Project No: 1W523.01
As provided in this Agreement, EDAW will provide professional planning EDAW, Inc.
and design services for the following project (the "Project"): Walton 601 Prince Street
Islands/Fox Riverfront Master Plans,located in the City of Elgin, in the Alexandria,VA 22314
State of Illinois. 703 836-1414
FAx 703 549-5869
Section 1. Scope of Services
(a) EDAW will provide the"Basic Services" described in attached
Schedule 1. The Basic Services will be provided in five phases
("Phases") as identified in Schedule 1. Each Phase shall be approved
and accepted by Client, in writing, upon completion of such Phase(s).
In addition, if authorized by Client, EDAW will provide the
"Additional Services" described in attached Schedule 2. The Basic
Services and the Additional Services authorized by Client shall be paid
for by Client as provided below.
(b) Certain of the Basic Services and Additional Services may be
performed by consultants to EDAW, but EDAW will remain
responsible for the full performance of such services.
Section 2. Fees for Services
(a) EDAW's fees for Basic Services for each Phase described in Schedule
1 shall be as set forth in attached Schedule 3. EDAW's fees for
Additional Services shall be billed on an hourly basis at EDAW's
current standard rates. EDAW's current hourly rate schedule is
attached hereto as Schedule 4. EDAW's hourly rate schedule is
adjusted on January and July of each year and typically is 5%-10% per
annum.
(b) Fees and expenses of consultants to EDAW for services included
within Basic Services or,where approved by Client,Additional
Services shall be paid by Client in the amount invoiced to EDAW plus
ten percent (10%) for handling and indirect costs.
(c) Fees for any work required on an overtime basis, such as staffing to
meet unanticipated expedited scheduling,will be invoiced at 1.5 times San Francisco
the normal billing rate. Alexandria
Atlanta
Fort Collins/Denver
Irvine
Seattle
Phoenix
Sydney,Australia
EDAW
(d) The fees provided for in this Section 2 are based upon the assumption that Basic Services
will be concluded,without Project delays, on or before August 1, 1992. If, for any reason
other than the direct fault of EDAW, services to be performed hereunder are delayed or
suspended for more than sixty(60) days or such services are not completed on or before
August 1, 1992, EDAW's fees shall be increased based upon agreement to be negotiated
between EDAW and Client and shall not exceed 10% per annum.
(e) The personnel assigned to this project are committed for its duration, unless otherwise
approved by the Client, and include:
Dennis Carmichael, Principal: Project Manager: $130/hour
Stephen Whiteford, Senior Associate: Project Planner: $85/hour
Celia Radek, Landscape Architect: Production: $50/hour
Section 3. Payment Terms
(a) Invoices are submitted by EDAW each four weeks (not necessarily falling on the first or
last day of the month). Client shall notify EDAW, in writing, of any and all objections, if
any, to an invoice within ten(10) days of the date of invoice. Otherwise, the invoice shall
be deemed proper and acceptable by the Client. Amounts indicated on invoices are due
and payable immediately upon receipt. Client's account will be considered delinquent if
EDAW, Inc. does not receive full payment within thirty(30) days after the invoice date.
(b) A service charge will be applied at the rate of 1.5 percent per month (or the maximum rate
allowable by law) to delinquent accounts. Payment thereafter will be applied first to
accrued interest and then to the principal unpaid by the Client. Client shall pay all costs
and expenses, including without limitation, reasonable attorneys'fees and expenses
incurred by EDAW in connection with the collection of delinquent accounts of Client.
(c) If a delinquency by Client occurs,EDAW, Inc.may choose to suspend work. If such a
decision to suspend work is made,EDAW, Inc.will notify Client in writing. EDAW may
choose to recommence work once a delinquency is completely cured and any and all
attendant collection costs, fees, increases in costs or fees, or other amounts required to be
paid by Client under this agreement are made in full. If a delinquency by Client occurs
and EDAW,Inc.chooses not to suspend work, no waiver or estoppel shall be implied or
inferred. Client agrees and understands that if EDAW, Inc. decides to so suspend its
work,EDAW shall not be liable for any costs or damages, including but not limited to
delay and consequential damages, to the Owner, Client, or any other third party, that may
arise from or be related to such a work suspension. Client agrees to hold EDAW, Inc.
harmless from and completely indemnify EDAW from and against any and all damages,
costs, attorney's fees, and/or other expenses which EDAW, Inc.may incur as a result of any
claim by any person or entity arising out of such a suspension of work.
(d) If any litigation, arbitration,or other legal action arising out of this contract ensues, the
prevailing party shall be entitled to,without limitation, reasonable attorney's fees,
expenses, expert fees, and costs.
(e) When non-standard billing is requested, time spent by office administrative personnel in
preparation is a cost to the project and charge as technical labor.
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EDAW
Section 4. Client's Responsibilities
Client agrees to provide full, reliable information regarding its requirements for the Project and,
at its expense, shall furnish the information, surveys and reports, if any, listed on attached
Schedule 5. In addition, Client agrees to provide, at its expense and in a timely manner, the
cooperation of its personnel and such additional information with respect to the Project as may
be required from time to time, to be provided by Client for the performance of EDAW's work.
Client shall designate a Project Representative who will serve as the key contact person.
Section 5. Termination
This Agreement may be terminated by either Client or EDAW by giving written notice at least
thirty (30) days prior to the date of termination. In the event of such termination, Client shall
pay EDAW for services and Reimbursable Expenses performed or incurred prior to the
termination date.
Section 6. Access to the Site; Photographs
EDAW and EDAW's employees and consultants shall have access to the Project site at all
reasonable times and shall be permitted to photograph the Project during construction and upon
completion for its records and future use.
Section 7. Use of Documents
All work items prepared by EDAW pursuant hereto, including,but not limited to reports,
designs, calculations,work drawings, studies, photographs, models and recommendation shall be
the property of the Client,provided, however, that EDAW may retain copies of such work
products for its records. Client understands that said work products are for planning purposes
only. Any use of the work products for construction purposes shall be done so with the
authorization of EDAW prior to construction.
Section 8. Indemnification
Client and EDAW agrees to hold each other harmless from and completely indemnify each
other from and against any and all damages, attorney's fees, losses, costs, and expenses which
each may incur as a result of a claim or claims against it, if any,by the Owner, Lender or any
other third party, arising out of any wrong doing, negligence, and/or breach of contract by Client,
alleged or otherwise, that is related, in any manner whatsoever, to the Project, or Client's
involvement with the Project or Project property.
Section 10. Miscellaneous
(a) Client and EDAW each bind itself and its successors and assigns to this Agreement.
Neither Client nor EDAW shall assign or transfer its interest in this Agreement without
the written consent of the other.
(b) This Agreement represents the entire Agreement between Client and EDAW.This
Agreement may be amended only by a writing signed by both Client and EDAW.
3
EDAW
(c) This Agreement shall be governed by the laws of the State of Illinois.
(d) Any individual who signs this Agreement on behalf of Client or EDAW, Inc., represents,
promises, and guarantees, that he or she is fully authorized to execute this Agreement on
behalf of his,or her employer or company.
EDAW,Inc., Client: City of Elgin
a California corporation Address: 150 Dexter Court
Elgin, IL
By W"-"''ILIA BY -tax
Its Its c
Date
21 ?r"44P7 jRg2 Date ( c c
iW523/Bgin SSA/1/92
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EDAW
SCHEDULE I
EDAW's Basic Services
Phase 1: Project Initiation
EDAW will come to Elgin to visit the site and lead a program workshop with City staff and
their invited guests.
The purpose of the workshop is to gain insights into the needs and goals of all stakeholders
that the City invites. Out of this workshop will emerge a set of master plan goals that will serve
as a benchmark for the planning process thereafter. We will also discuss and formulate a
program for the park and the Riverfront. Included in this discussion will be user
demographics, day/night use, functional areas, relationship of cultural/civic facilities to the
islands, etc.
The last item at the workshop will be a character and budget discussion. In this exercise,we
will discuss material quality, depth and extent of improvements, and budget parameters both
for capital and life cycle costs.
These above data will be compiled in memorandum form and stand as the "marching
orders" for the design plan.
Phase 2: Concept Plans
EDAW will develop two alternative plans for the islands area at a scale of 1"=20'. For each,
we will illustrate all improvements in illustrative form including landscape, hardscape, lighting,
and site features.
A cross section through each concept will be provided as will a character sketch. All plans will
be rendered in full color and presented to City staff, and their invited guests.
For the Riverfront Plan, a single plan at a scale of 1"=200'will be illustrated noting
recommendations for use, materials, and character for the area from the Northwest Tollway to
the U.S.20 Bypass.
Phase 3: Revisions to Concept Plans
Based upon review and comment by the City and their invited guests,we will refine and revise
each plan. These plans will be similarly drawn and rendered as above and in addition, each
will be analyzed for capital costs. EDAW will present the revised plans and cost estimates to
City Council.
At this presentation,we will also provide a slide show of built projects, that illustrate
comparable issues, materials, use areas, etc. It is our feeling that this exercise will facilitate
communication of design intent that a plan alone cannot transmit.
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EDAW
At this meeting or soon thereafter,we will look to the City to give us direction on a preferred
plan concept to take to the master plan step for Walton Islands. Work on the Riverfront will
be completed at the end of this task.
Phase 4: Preliminary Master Plan: Walton Islands
Based upon review and comment and with a written directive from the City, EDAW will
develop a preliminary master plan for the Walton Islands site. This plan will be drawn at a
scale of 1"=20' and will illustrate:
• Plantings by type (shade tree, flowering tree, etc.) and a candidate planting palette.
• Pavements by material, color, finish, and dimension.
• Lighting by type, location, scale, and material. (Catalog cuts as appropriate.)
• Site features such as gazebos,bridges, special areas by elevation, section, or perspective.
• Stream bank stabilization/erosion control by section, material, and scale.
• Grading by critical spot grades and contours as appropriate.
The drawing package will be fully coordinated and rendered in color for presentation to City
staff. A preliminary cost estimate will be provided as well.
Phase 5: Final Master Plan: Walton Islands
Based upon review and comment by City staff,we will revise the drawings accordingly and
prepare a final drawing set in the same format as above. This package will be presented to
City Council along with the final cost estimate.
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EDAW
SCHEDULE 2
Additional Services
. Design Development
. Construction Documents
. Construction Assistance
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EDAW
SCHEDULE3
FEES
We propose to accomplish the Walton Islands master plan for the following cost.
Percent of
Task Total Fee
Phase 1: Project Initiation 9% $5,200.00
Phase 2: Concept Plans 23% $16,500.00
Phase 3: Concept Plan Revisions 22% $12,400.00
Phase 4: Preliminary Master Plan 23% $16,400.00
Phase 5: Final Master Plan 13% $7,800.00
$58,300.00
Note that this fee is inclusive of all labor, overhead, and expenses for the work described
above in scope of services and eight meeting-days in Elgin. Work beyond this scope,revisions
to previously approved plans, or additional meetings would be an extra service and billable at
standard EDAW hourly rates.
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EDAW
SCHEDULE 4
EDAW's Standard Hourly Rate Schedule
January 1,1992
SCHEDULE OF FEES
for Professional Services
Time Charges Hourly Rate Range
Principals $100.00 - $185.00
Dennis Carmichael
Senior Associates $75.00 - $115.00
Stephen Whiteford
Associates $50.00 - $85.00
Professional,Administrative and $40.00 - $75.00
Word Processing Staff
Celia Radek
EDAW's hourly rate is subject to change in January and July of each year.
Reimbursable Expenses
Consultants: Cost plus 10%.
Travel: Private vehicles @ 28 cents per mile. Commercial travel and related
expenses at cost plus 10%.
Computer: Computer Aided Design/Drafting @ $25.00- $35.00 per hour,
depending upon the complexity of software and required peripheral
equipment. Microcomputers used for CAD/D will be billed at$25.00
-$35.00 per hour based on the actual application.
Microcomputers other than for CAD/D applications @ $10.00 per
hour.
Taxes: Any tax and/or fees imposed by a taxing authority based upon gross
revenues or sales shall be reimbursable in addition to the fee stated
in this contract.
Other project expenses: Cost plus 10%.
Such as: Printing, graphics, photography and reproduction, rental or purchase
of special equipment and materials, long distance telephone, telex,
special shipping or delivery, models and renderings, lodging and
subsistence.
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EDAW
SCHEDULES
Additional Items to be Provided by Client
• All previous planning studies concerning the project area.
• All base map information showing topography, street layouts,building locations and
vegetation.
• Aerial photographs of the project site, at 1"=200'of the project area and 1"=20'of
Walton Island.
• All existing plans and photographs showing the original design of Walton Island.
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EDAW
INVOICING AND PAYMENT POLICIES
1. In contracting with EDAW, Inc. for professional services, client warrants that funds are
available to compensate EDAW for the total amount of services and expenses
contracted and that these funds are neither encumbered nor contingent upon
subsequent granting of approvals, permits or financial commitments by lending
institutions or other third parties.
2. Invoices are submitted by EDAW each four weeks (not necessarily falling on the first
or last day of the month). Client shall notify EDAW, in writing, of any and all
objections, if any, to an invoice within ten (10) days of the date of invoice. Otherwise,
the invoice shall be deemed proper and acceptable by the Client. Amounts indicated
on invoices are due and payable immediately upon receipt. Client's account will be
considered delinquent if EDAW, Inc. does not receive full payment within thirty (30)
days after the invoice date.
3. A service charge will be applied at the rate of 1.5 percent per month (or the maximum
rate allowable by law) to delinquent accounts. Payment thereafter will be applied first
to accrued interest and then to the principal unpaid by the Client. Client shall pay all
costs and expenses, including without limitation, reasonable attorneys' fees and
expenses incurred by EDAW in connection with the collection of delinquent accounts
of Client.
4. If a delinquency by Client occurs, EDAW,Inc. may choose to suspend work. If such a
decision to suspend work is made, EDAW, Inc.will notify Client in writing. EDAW
may choose to recommence work once a delinquency is completely cured and any and
all attendant collection costs,fees, increases in costs or fees,or other amounts required
to be paid by Client under this agreement are made in full. If a delinquency by Client
occurs and EDAW, Inc.chooses not to suspend work, no waiver or estoppel shall be
implied or inferred. Client agrees and understands that if EDAW, Inc. decides to so
suspend its work, EDAW shall not be liable for any costs or damages, including but
not limited to delay and consequential damages, to the Owner, Client, or any other
third party, that may arise from or be related to such a work suspension. Client agrees
to hold EDAW, Inc. harmless from and completely indemnify EDAW from and
against any and all damages, costs, attorney's fees, and/or other expenses which
EDAW, Inc.may incur as a result of any claim by any person or entity arising out of
such a suspension of work.
5. If any litigation, arbitration, or other legal action arising out of this contract ensues, the
prevailing party shall be entitled to,without limitation, reasonable attorney's fees,
expenses, expert fees, and costs.
6. When non-standard billing is requested, time spent by office administrative personnel
in preparation is a cost to the project and charged as technical labor.
11
i
c
94 FEBRUARY 26, 1992 VOLUME LVII
WHEREAS, it is necessary and desirable to modify the terms
of the contract as is described in Change Order No. 2, attached
hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ELGIN, ILLINOIS, that Larry L. Rice, City Manager, be
and is hereby authorized and directed to execute Change Order
No. 2, a copy of which is attached hereto and made a part hereof /
by reference.
s/ George VanDeVoorde
George VanDeVoorde, Mayor
Presented: February 26, 1992
Adopted: February 26 , 1992
Omnibus Vote: Yeas 7 Nays 0
Recorded:
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
CONTRACT WITH EDAW FOR DESIGN IMPROVEMENTS FOR WALTON ISLAND -
APPROVED
Councilman Gilliam made a motion, seconded by Councilwoman
Popple, to approve the aforementioned contract, pending
resolution of outstanding issues . Yeas : Councilmembers Fox,
Gilliam, Moylan, Popple, Walters, Yearman, and Mayor
VanDeVoorde. Nays : None.
REPORTS RECEIVED AND ORDERED PLACED ON FILE
Councilman Gilliam made a motion, seconded by Councilman Fox, to
place the following reports on file as published. Yeas :
Councilmembers Fox, Gilliam, Moylan, Popple, Walters, Yearman,
and Mayor VanDeVoorde. Nays : None.
Water Department Report for January 1992
Public Works Work Management System report for January 1992
BIS Permit Report for January 1992
Bluff City Cemetery Report for January 1992
Sales Tax Revenue Report for November 1991
Heritage Commission Minutes for January 13, 1992
Image Advisory Commission Minutes for November 25, 1991
Image Advisory Commission Minutes for December 17, 1991
Planning Committee Minutes for November 20, 1991
Planning Committee Minutes for December 4, 1991, Special
Meeting
•
Agenda Item No.
February 25, 1992
TO: Mayor and Members of the City Council
FROM: Larry L. Rice, City Manager
SUBJECT: Contract with EDAW, Inc. for Services Related to
Walton Island Development and Riverfront
Beautification Plan
PURPOSE
To ask Council approval on contract with EDAW, Inc. for
Master Plan for development of Walton Island and conceptual
plan for riverfront beautification.
BACKGROUND
At its January 22 meeting, the Council approved a propos-
al from EDAW, Inc. for services to develop a Master Plan for
development of Walton Island and conceptual beautification
plan of the riverfront. Staff has been negotiating a con-
tract with EDAW and has reached agreement on conditions ex-
cept for Section 7 regarding ownership and use of documents
produced. Staff feels confident that an agreement can be
reached, but was not able to do so prior to the February 26
Council meeting. The Council could approve the contract,
pending resolution of outstanding issues by the Legal Depart-
ment.
FINANCIAL IMPACT
The cost for services from EDAW, Inc. will be $58,300,
plus reimbursables.
RECOMMENDATION
Staff would recommend Council approval of a contract
with EDAW, Inc. , pending resolution of outstanding issues by
Corporation sel.
.......................
L L. RieevN4,.City Manager
LLR:amp
• ••r EDAW .
ft"DAD SEMCES AGREEMENT
TVsAnt is made as of F 'raary 26,1992,by and betwoen the City of Ar °da"n
f
Clic t")and EDAW,To a Catifiarak corporation.
710 Owner not the Gent)of the Pmjcd property is. situ Rnginvad
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proMed this Agreement, AW will provide prof=knal planr>ag RDAW.Int
for the Ma dngibe"Yroj' �•Witton �60� shed
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($ '. .wMP providedM be
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( as idea iW iDow ule,Sched1.Sach Phase Anal bee gppro�ved
and by Qim% writing,upon completion of such PIUM(s).
In ad tion,if autharircd 0=4 EDAW wM provide the
" " nal SCrvieeS'. bed in attached Schedak Z 7he Basic
'
Se and the Ad ' '. 'Services authorised by nt shall be paid
for by Pknt as provided '
-of the Basic and Additional Services may be
:
EEO ed . aonsultaitts' EDAW,but E8�,4.W wilt remain
k for the pff Pa fonnanco of sock services.
St on 2. ltas for ServJ emr -
(a EDA ftfm fQr Basic . for each Phase described in Schedule
1 sh . be as set forth in a 'Sehodule 3. EbAW s foes F
Ad nal ServiQes shalt b0 okn'an hourly basis at EDAW s
staudasd rates. AW s current hourly rate schedule is
g � hereto as a ]WAW a hourly rate schedule is
adjus on January and, of each year and typically is 5%-10%per
(b Fees a rid expenses of con ultants to EDAW for services induded
within Basic Services or, ere approved by Qieat,Additional
shall be • 'd by ' sit is the amount invoaoed to IDAW plus
ten nt(10%)for and hxlhva CO"
(c Fees Mr-any worts require,I on an overtime bans,such as staffing to
sleet A aanwnated exped ted scheduling,wilt be invoiced at 13 times San R'"�o0
the no rMalbilling rata Akund"'
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•
in
Agenda Item No.
January 16, 1992
TO: Mayor and Members of the City Council
FROM: Larry L. Rice, City Manager
SUBJECT: Walton Islands Development/Riverfront
Beautification
PURPOSE
The purpose of this memorandum is to request City Coun-
cil approval of the proposal by EDAW, Inc. to prepare the
Phase I design for development of Walton Islands and beautifi-
cation of the Fox River corridor.
BACKGROUND
In June, 1991, staff solicited proposals from firms to
prepare a master design plan for development of Walton Is-
lands. From the several responses received, staff selected
four firms to interview. Of the four interviewed, EDAW, Inc.
was selected by staff as having the best demonstrated experi-
ence in a number of projects, diverse in both character and
location. The need for creativity in the Walton Island
project is considered essential. In reviewing the proposals,
staff felt that EDAW, Inc. was clearly the best firm for this
work, and the proposal submitted for development of a master
design plan• is attached.
Recently, the City Council suggested that the project be
expanded to include beautification of the total riverfront
corridor from the I-90 Tollway south to the Route 20 Bypass .
In response, staff requested that EDAW, Inc. modify its pro-
posal to include this additional work. This proposal address-
ing the riverfront beautification is attached.
FINANCIAL IMPACT
The cost for both portions of the design study would be
$58,300, which is budgeted from 1989 CDBG and CIP allocations .
Mayor and Members of the City Council
Walton Islands Development
Page 2
RECOMMENDATION
Staff would recommend approval of EDAW, Inc. as consul-
tant to prepare a-master design plan for development of Wal-
ton Islands and er corridor beautification.
1
Larry-L. Rice, ty Manager
LLR:daw
Attachments