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96-113 Resolution No. 96-113 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH HISTORIC CERTIFICATION CONSULTANTS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard B. Helwig, 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 Historic Certification Consultants for a historical architec- tural survey of the northeast neighborhood, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly Kevin Kelly, Mayor Presented: April 24, 1996 Adopted: April 24, 1996 Omnibus Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk AGREEMENT THIS AGREEMENT is made and entered into this 2j r� day of 1996, by and between the City "City")of El in, Illinois, a municipal corporation, (hereinafter referr to as Elgin, and Historic Certification Consultants, an Illinois partnership, (hereinafter referred to as "Consultant"). WHEREAS, City desires to engage the Consultant to furnish certain professional services in connection with a Project to complete a survey of Elgin's northeast neighborhood, (hereinafter referred to as the "Project"); and WHEREAS, the Consultant warrants and represents that it is in compliance with any and all Illinois statutes and local ordinances relating to professional registration and regulation and has the necessary expertise and experience to furnish such services upon the terms and conditions set forth herein below. NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged, it is hereby agreed by and between the parties hereto that City does hereby retain Consultant to act for and represent it in all professional matters involved in the Project, subject to the following terms and conditions and stipulations, to-wit: I. SCOPE OF SERVICES All work hereunder shall be performed under the direction of the Director of Code Administration and Neighborhood Affairs of City, (hereinafter referred to as the "Director"), or the City staff designated by the Director to act on his behalf. In general, Consultant's work shall include, but may not be limited to, the following major categories of professional activities: A. SCOPE OF SERVICES. Completion of an Architectural/Historical Survey of Elgin's Northeast neighborhood, an area containing approximately 2350 structures bounded by Kimball Street on the South, Interstate 90 on the North, Dundee Avenue on the East and the Fox River on the West. The information compiled in the survey shall be used by the City in the preparation of neighborhood preservation plans, rehabilitation guidelines for individual buildings, and community development Projects. Project shall be completed in coordination with the City and the Elgin Heritage Commission. B. SCOPE OF WORK. The following activities shall be carried out by Consultant: 1. Project Coordination: Consultant shall meet with City to discuss the Project schedule and survey objectives. Items reviewed shall be the proposed survey form, and organization of data for the final report which shall include printed inventory forms, photographs, and computerized data. Written approval shall also be obtained from Director for the schedule and proposed activities prior to commencing work. 2. First Public Meeting: An initial meeting shall be held with the Elgin Heritage Commission and City to introduce the Project and Project staff to the Commission and the public. Consultant shall use visual displays to illustrate the goals and approach to the Project for the general public. Public questions and comments shall be addressed. 3. Background Research: Consultant shall review the historical and architectural contexts of the subject neighborhoods by looking into the history of Elgin and of the specific area. A correlation shall be documented between the various sub-areas and their influence on adjacent areas. Consultant shall research important local or regional architects and their work as a basis by which to compare significant architectural buildings found. For this research the Elgin Historical Museum, the Elgin Public Museum, Gail Borden Public Library, and City's municipal records shall be consulted. 4. Field Survey: Consultant shall inventory and photographs all principal and accessory structures in the approximately 105 block subject area and enter data onto the survey form. Each form shall include three black and white photographs of the principal structure and one photograph of each accessory structure. For any unusually large property, additional photographs shall be taken as necessary to adequately document the exterior appearance. The consultant will also produce a color slide of each property's front elevation for use by the Elgin Heritage Commission. 5. Site Specific Research: Necessary research shall be conducted to assist in evaluating individual historic properties and in defining appropriate historic district boundaries. Such research shall focus on sub-areas within the larger area that retain a distinctive character, particularly residential districts. Consultant shall investigate the history of a selection of individual properties that may be eligible for the national Register of Historic Places. Such investigation and research shall include significant persons, designers/architects and important events that are associated with the historic property. 6. Data Entry: All field data shall be entered into Consultant's database program and copies printed of all information. Photographs shall be attached to each form and all forms assembled into binders as required. A diskette(s) shall be provided to City -2- which shall include all computerized information. A map shall indicate all significant structures and potential district boundaries. 7. Survey Report: A survey report shall be prepared which shall include summary text describing the significance of identified structures in the Project area, together with a complete list of all structures by address indicating their status as significant, contributing, or non-contributing. Recommendations shall be made for any individual or district nominations. Draft copies of the report shall be submitted to the City for its review prior to the completion of the Project. 8. Final Public Meeting: A final public meeting before the City and the Elgin Heritage Commission shall include a presentation of the draft survey findings by Partner Victoria Granacki. The presentation shall focus on newly identified historic properties and any potential historic districts. The Commission shall then be provided with reasonable time to review the report and submit any comments to Consultant before the final report and survey are completed. An outline of the script and slides from such presentation shall be provided to the City. 9. Final Packaging: All required work products, as specified in the proposals, shall be submitted to the City in final form. The final products shall include: survey forms with photographs attached of surveyed properties, computer discs (with data recommended to be in Paradox, or compatible software), original field survey forms, survey maps, all negatives, and the final, updated survey report. All Project materials, including contact sheets, negatives, and film catalog sheets, shall be properly packaged for storage. Consultant shall also provide a copy of the summary report to the Gail Borden Public Library and the Elgin Historical Museum. C. ORGANIZATION AND MANAGEMENT 1. Staff Organization. Project coordinators shall be Victoria Granacki, preservation planner and Susan Benjamin, architectural historian, partners in the firm of Historic Certification Consultants. Ms. Granacki shall act as the primary Consultant spokesperson at public meetings and presentations and shall regularly report on the progress of the Project to the City. Craig E. Charron, architectural historian, shall be principal surveyor, conducting survey fieldwork under the direction of Ms. Granacki, and Jennifer R. Kenney, architectural historian shall assist in surveying as required, and shall have primary responsibility for all research required to substantiate construction dates and other relevant information. She shall enter all data in a computerized survey database and organize the final product. -3- 2. Project Schedule. Initiation of the Project shall begin within 28 days of a notice to proceed. On-site analysis, data collection, and public meetings shall take place during the months of April and August of 1996. A draft of the summary report representing 80% Project completion shall be prepared by Consultant for review by City no later than July 31, 1996. Following_receipt of all comments, the report and inventory forms shall be placed in final form and submitted to City no later than October 31, 1996. 3. Project Budget. Consultant shall complete the above-described scope of work for a total fee of$31,960.00 (Thirty-One Thousand Nine Hundred Sixty Dollars). This fee includes all labor and other expenses for the Project as outlined in the accompanying Price Proposal, attached hereto and made a part hereof as Attachment "A"; 4. Conditions. The Consultant agrees to comply with Title VI of the Civil Rights Acts of 1964 (P.L. 88-3520) and all requirements imposed by or pursuant to that title, to the end that, in accordance with Title VI of the Act and the Regulation, no person in the United States shall, on the ground of race, color or National origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which financial assistance has been granted from the Department of the Interior, National Park Service, and that he shall immediately take any measures to effectuate this agreement. In addition to the above, the Consultant agrees to comply with the Age Discrimination Act of 1975, U.S.C. 6101 et seq. that prohibits discrimination in hiring on the basis of age. The Consultant is also in compliance with the Department Certification, 4 CFR, Part 12, Section 12.510 and is not presently disbarred, suspended, proposed for disbarment, declare ineligible, or voluntarily excluded from participation in any transaction by any federal department or agency. II. PROGRESS REPORTS • Any and all progress reports shall be submitted by Consultant to City as and when required. The final report of the Consultant shall be submitted by Consultant to City no later than October 31, 1996. III. WORK PRODUCTS All work products prepared by the Consultant pursuant hereto including, but not limited to, reports, studies, photographs, negatives, models and recommendations pertaining to the Project shall become the property of City and shall be delivered to City upon request of the Director provided, however, that Consultant may retain copies of such work products for its records. Such work products are not intended or represented to be suitable for reuse by City on any other Project, and such reuse shall be at the sole risk of City without liability or legal exposure to the Consultant. IV. PAYMENTS TO THE CONSULTANT -4- The total payments by City to Consultant under this Agreement shall not exceed $31,960.00, unless this agreement is modified by a change order or amendment approved by the City. V. INVOICES The Consultant shall submit invoices in a format approved by City. Consultant shall make any records of work completed under this Agreement available at reasonable times during the Agreement period, and for a year after termination of this Agreement. VI. TERMINATION OF AGREEMENT Notwithstanding any other provision hereof, City may terminate this Agreement at any time upon fifteen (15) days prior written notice to Consultant. In the event that this Agreement is so terminated, Consultant shall be paid for services actually performed prior to termination, except that such payment shall not exceed the amount set forth under Paragraph IV above, or task amounts set forth in Attachment "A". VII. TERM This agreement shall terminate on the date the Director determines in writing that all of the Consultant's work under this Agreement is completed, unless terminated for cause or pursuant to Article VI. A determination of completion shall not constitute a waiver of any rights or claims which City may have or thereafter acquire with respect to any breach hereof by Consultant. VIII. NOTICE OF CLAIM In the event the Consultant submits a claim for expenses following a termination by the City pursuant to Section VI, such claim must be submitted in writing to the City within 15 days of the notice of termination. If no such claim is made within 15 days of the date of the notice of termination, any such Consultant's claims shall be deemed waived. IX. BREACH OF CONTRACT If either party violates or breaches any term of this Agreement, such violation or breach shall be deemed to constitute a default, and the other party may 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. -5- X. INDEMNIFICATION Consultant shall indemnify and save harmless City, its officers and employees from and against any and all loss, liability and damages, suits, or causes of action of whatever nature, including but not limited to, Workmen's Compensation claims and claims for attorney's fees, in any way resulting from or arising out of negligent actions or omissions of Consultant in connection herewith, including, but not limited to negligent actions or omissions of employees or agents of the Consultant arising out of the performance of professional services. - XI. NO PERSONAL LIABILITY No official, Director, officer, agent or employee of the City shall be charged personally or held contractually liable under any term or provision of this Agreement or because of their execution, approval or attempted execution of this Agreement. XII. 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 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 City. XIII. 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 City. XIV. DELEGATIONS AND SUBCONTRACTORS Any assignment, delegation or subcontracting shall be subject to all the terms, conditions -6- • and other provisions of this Agreement and Consultant shall remain liable to City with respect to each and every item condition and other provision hereof to the same extent that Consultant would have been obligated if it had done the work itself and no assignment, delegation or subcontract had been made. XV. NO CO-PARTNERSHIP OR AGENCY It is understood and agreed that nothing herein contained is intended or shall be construed to, in any respect, create or establish the relationship of co-partners between City and Consultant, or as constitute Consultant as the general representative or general agent of City for any purpose whatsoever or to constitute an employment relationship between the parties hereto. XVI. SEVERABILITY The terms of this agreement shall be severable. The parties intend and agree that, if any paragraph, sub-paragraph, phrase, clause or other provision of this Agreement, or any portion thereof, shall be held to be void or otherwise unenforceable, all other portions of this Agreement shall remain in full force and effect. XVII. 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. XVIII. MODIFICATION OR AMENDMENT This Agreement and its attachments constitutes the entire Agreement of the parties on the subject matter hereof and may not be changed, modified, discharged or extended except by written amendment duly executed by the parties. Each party agrees that no representations or warranties shall be binding upon the other party unless expressed in writing herein or in a duly executed amendment hereof, or change order as herein provided. XIX. 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. Any and all actions brought pursuant to this Agreement shall be brought in this Circuit Court of Kane County, Illinois. -7- XX. NEWS RELEASES Consultant shall not issue any news releases without prior approval from the Director, nor shall Consultant make public proposals developed under this Agreement without prior written approval from the Director prior to said documentation becoming matters of public record. XXI. COOPERATION WITH OTHER CONSULTANTS The Consultant shall cooperate with any other Consultants in City's employ or any work associated with the Project. XXII. INTERFERENCE WITH PUBLIC CONTRACTING: P.A. 85-1295 Consultant 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. XIII. SEXUAL HARASSMENT As a condition of this contract, the Consultant 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. XXIV. WRITTEN COMMUNICATIONS All recommendations and other communications by Consultant to the Director and to other participants which may affect cost or time of completion, shall be made or confirmed in writing. Director may also require other recommendations and communications by Consultant be made or confirmed in writing. -8- XXV. 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: SAROSH B. SANER Historic Preservation Specialist City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 B. As to Consultant: VICTORIA GRANACKI, Partner Historic Certification Consultants 1105 West Chicago Avenue Suite 201 Chicago, Illinois 60622 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. CITY OF ELGIN CONSULTANT • BY . Id:1Q BYU(Or(r) Richard B. Helwig ? Victoria Granacki City Manager Partner Historic Certification Consultants Attest: Dolonna Mecum, City Clerk -9- ATTACHMENT "A" HISTORIC CERTIFICATION CONSULTANTS Suite 201, 1105 West Chicago Avenue, Chicago, Illinois 60622 Susan Benjamin(847) 432-1865.Victoria Granacki(312)421-1131 Proposal for Architectural/Historical Survey for a Potential Historic District City of Elgin, Illinois February 2, 1996 B. Fee Total labor $25,000 Total materials $6,960 Total fee $31, 960 LABOR: Principals Assistant Assistant Task 6 6 6 Public meetings (2) 6 6 Staff meetings (3) 2 6 Develop form 2 56 Research: background and specific buildings 8 80 392 Survey (10 weeks - 2350 buildings) 4 400 Data entry and printing 8 80 16 Organizing, sorting, attaching photos and assembling binders 12 12 12 Writing report and revisions 4 Preparing slide show 2 16 Packaging final materials 54 662 426 Total principals 54 hours @ $60 = $ 3,240 Total assistants 1088 hours @ $20 = $21.760 Total labor $25,000 HISTORIC CERTIFICATION CONSULTANTS Suite 201, 1105 West Chicago Avenue, Chicago, Illinois 60622 Susan Benjamin(847)432-1865.Victoria Granacki(312)421-1131 B. Fee (continued) MATERIALS: $4,350 9000 black and white photos 250 rolls @ $17.40 per roll $1,141 2400 color slides 70 rolls @ $16.30 per roll $65 22 2", 3-ring binders @ $2.92 each $122 320 transparent sleeves (for negatives and slides) $30.45 per 100 box $32 5000 pages of paper (assume 2 pages per building) $1250 $25 per day x 50 days $6960 Total materials Elm Agenda Item No. 1?"751 _44wv , April 4, 1996 TO: Mayor and Members of City Council FROM: Richard B. Helwig, City Manager SUBJECT: Award of Professional Services Contract for a Historical Architectural Survey of the Northeast Neighborhood PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider awarding a professional services contract for conducting a Historical/Architectural Survey of the Northeast neighborhood. BACKGROUND As part of the 1995 Community Development Block Grant program (CDBG) , $33,000 was allocated for the completion of a survey of the northeast neighborhood. A map of the neighborhood is attached (Attachment A) . The purpose of the survey is to assess approximately 2,300 structures, prepare an inventory of their architectural features, current condition and denote any changes to the structures over time. The required fieldwork will also involve three black and white photographs of each principal structure taken from the public right-of-way. This information will be provided to the City in the form of a computerized data base as well as hard copy. A summary report will also be provided on the findings of the survey, including the architectural and historic context of the neighborhood. The information obtained from the survey will be used for neighborhood development plans, rehabilitation guidelines for individual buildings, and broader community based projects. Requests for proposals were sent out to over 85 firms specializing in preservation planning and survey projects. r Northeast Neighborhood Survey Bid Award April 4, 1996 eft- Page 2 Nine proposals (Appendix 1) were received for the completion of the project. The process of review required proposals to be submitted in two parts - the narrative (part A) and the fee (part B) . The narrative (part A) included information on the scope of services, the professional firm's qualifications, examples of previous work related to the project and bidder utilization forms required by the City. The fee (part B) was required to be submitted in a separate sealed packet and would not be opened until the narratives (part A) of the project were reviewed and the firms ranked in order of preference. This process is in keeping with the City of Elgin procurement ordinance. The Survey Review Subcommittee of the Elgin Heritage Commission and the City's Historic Preservation Specialist reviewed and ranked the top three proposals based on the criteria for selection of firms as outlined in the Request for Proposals. The fee packets (part B) of the three top ranking proposals were then opened. The three top ranked proposals with their fee bids are as e"" follows: Firm Fee 1. Victoria Granacki $ 31,960 Historic Certification Consultants 2 Dr. John N. Vogel $ 32,990 Heritage Research Ltd. 3. Diane Legge Kemp $ 33,000 DLK Architecture COMMUNITY GROUPS/INTERESTED PARTIES CONTACTED The Elgin Heritage Commission's Survey Review Subcommittee reviewed the submitted proposals and made a recommendation to select the firm of Historic Certification Consultants based on their scope of services, the format of the finished document in the form of a computerized database, the experience of the firm's designated project team in working with similar projects together with examples of their previous projects. The references provided by the top selected firms were also contacted by the City's Historic Preservation Specialist and were found to be adequate. fft Northeast Neighborhood Survey Bid Award April 4, 1996 Page 3 fek FINANCIAL IMPACT The project is being funded by the Community Development Block Grant program, Account . No. 230-0000-791.30-99, Project No. 154109, and has a CDBG fiscal year budget of $33,000. The project is proposed to be completed no later than October 31, 1996. LEGAL IMPACT None. ALTERNATIVES The alternatives for this memorandum include: 1. Award the contract 2. Decline to award the contract RECOMMENDATION It is recommended that the City Council accept the contract submitted by Historic Certification Consultants for $31,960 for completing the Historical/Architectural Survey of the northeast neighborhood. This project is in keeping with the Northeast Neighborhood Initiatives endorsed by the City Council in early 1995 to allow for neighborhood preservation plans, rehabilitation guidelines for individual buildings, and broader community development projects. The contract will allow for a baseline survey and inventory of the existing housing stock, provide the needed background for any possible future expansion or establishment of a historic district. The recommended alternative further fulfills the projects within the adopted CDBG program. Respectfully submitted, Richard B. Helwig ty Manager •■• kec$01/0,e9 , Roge# . Dahlstrom v - Planning #Director elob. CI 4y4- Pearson, Director Code Administration and Neighborhood Affairs Northeast Neighborhood Survey Bid Award April 4, 1996 Page 4 few Appendix 1 NORTHEAST NEIGHBORHOOD SURVEY Proposals Received: February 2, 1996 (listed in no particular order) 1 Dr. John N. Vogel Heritage Research, Ltd. N89 W16785 Appleton Avenue Menomonee Falls, WI 53051 (414) 251-7792 2 . Charles Kirchner & Associates, Ltd. and the URBANA Group Charles Kirchner Charles Kirchner &Associates 107 West Cook Street Springfield, IL 62701 (217) 789-1330 Lachlan F. Blair The URBANA Group P.O Box 1028 Urbana, IL 61801-9028 (217) 344-PLAN(7526) 3. Victoria Granacki Historic Certification Consultants 1105 West Chicago Avenue Suite 201 Chicago, IL 60622 (312) 421-1131 - Victoria Granacki (708) 432-1865 - Susan Benjamin 4 . Gary W. Anderson Gary W. Anderson & Associates, Inc. , Architects 333 East State Street Rockford, IL 61104 (815) 963-1900 5. Charles E. Gregerson Charles E. Gregerson, Architect, Ltd. 11433 South St. Lawrence Avenue Chicago, IL 60628 (312) 468-5231 6. Rick Gilmore Gilmore Architects 319 Meyer Street Dundee, IL 60118 (847) 428-2455 Northeast Neighborhood Survey Bid Award April 4, 1996 Page 5 7. Diane Legge Kemp DLK Architecture 410 South Michigan Avenue Suite 400 Chicago, IL 60605 (312) 322-0911 8. Michael A. Dixon, AIA Dixon Associates/Architects 202 West Main Street St. Charles, IL 60174 (708) 377-9388 9 . John W. Roberson, AIA Dahlquist and Lutzow Architects, Ltd. 462 North McLean Boulevard Elgin, IL 60123 (847) 742-4063 r Northeast Neighborhood Survey Bid Award April 4, 1996 Page 6 eft APPENDIX 2 NORTHEAST NEIGHBORHOOD SURVEY SCHEDULE 1995 April 26 Community Development Block Grant (CDBG) Final Hearing/Northeast Neighborhood Architectural Survey Project Approved (Grant Amount is Equal to the Total Estimated Project Cost of $33,000.00) 1996 January 8 Mail Requests for Proposals (RFP) to consultants for the Architectural/Historical Survey for a potential historic district (Northeast Neighborhood) January 8 Mail RFP advertisement request letters January 10 RFP advertisement to be published in local newspaper February 2 Proposals due to City February 5 Elgin Heritage Commission to review submitted proposals February 12 Elgin Heritage Commission to continue review of proposals and make final recommendation to the Elgin City Council for survey bid award April 10 City Council Committee of the Whole agenda item memorandum to be completed to recommend survey bid award Elgin City Council to consider survey bid award April 11 Consultant to be notified of survey bid award April 12 Meeting with survey consultant to review survey methodology and schedule April 12 to Consultant to carry out photographic portion of May 31 survey May 13 Survey progress report due to City May 31 CDBG program deadline for completion of project. 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