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02-361 Resolution No. 02-361 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH TYSON AND BILLY ARCHITECTS PC FOR THE WATCH COURT BUILDING RENOVATION PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, Interim 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 Tyson and Billy Architects PC for the Watch Court Building Renovation Project, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: November 20 , 2002 Adopted: November 20 , 2002 Omnibus Vote : Yeas : 7 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk AGREEMENT THIS AGREEMENT, made and entered into this 2-11/0 day of 0 C, , 2002, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY") and TYSON AND BILLY ARCHITECTS PC,an Illinois corporation(hereinafter referred to as "DESIGNER"). WHEREAS, the CITY desires to engage the DESIGNER to furnish certain professional services in connection with 320 WATCH COURT BUILDING RENOVATIONS(hereinafter referred to as the PROJECT). AND WHEREAS, the DESIGNER 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 DESIGNER that the CITY does hereby retain the DESIGNER for and in consideration of the mutual promises and covenants contained herein,the sufficiency of which is hereby acknowledged to act for and represent it in all design matters involved in the PROJECT,subject to the following terms and conditions and stipulations,to-wit: 1. SCOPE OF SERVICES A. All work hereunder shall be performed under the direction of the City's CDGB Coordinator, herein after referred to as the"COORDINATOR." B. The following is a general outline of the services provided by the DESIGNER; (1) prepare plans and specifications for the 320 Watch Court Exterior Renovation project and(2)plans and specifications developed must be in compliance with all building fire and other applicable codes and ordinances of the City of Elgin, Community Development Block Grant (CDBG) funding requirements and other applicable federal and state regulations. C. A detailed Scope of Services is attached hereto as Attachment A. 2. PROGRESS REPORTS A. An outline project milestone schedule is provided as follows; (1) one day following"Notice to Proceed" schematic design documents and design development documents will be completed within 30 days, (2) 75 days from the "Notice to Proceed" contract documents will be completed, (3) upon approval of contract documents by city staff the project bidding process will be completed within 30 days (4) construction oversight established based on the scope of work, and (5) warranty phase timeframe determined by substantial completion date and final draw down date. The Project schedule is included as Attachment B, attached hereto. Progress will be recorded on the project schedule and submitted monthly as a component of the Status Report described in B.below. B. The DESIGNER will submit to the COORDINATOR monthly a Status Report keyed to the Project Schedule. A brief narrative will be provided identifying progress, findings and outstanding issues. 3. WORK PRODUCTS All work products prepared by the DESIGNER pursuant hereto including,but not limited too,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 COORDINATOR -1- provided, however, that the DESIGNER 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 DESIGNER. 4. PAYMENTS TO THE DESIGNER(Lump Sum Method) A. The CITY shall reimburse the DESIGNER for services under this Agreement a lump sum of Seventeen thousand Six hundred Dollars ($17,600), regardless of actual Costs incurred by the DESIGNER unless SUBSTANTIAL modifications to the project are authorized in writing by the CITY by way of written amendment to this Agreement. An hourly schedule for this project is included as Attachment C. Additionally, reimbursable expenses must be defined as outlined in the above mentioned attachment. B. The CITY shall make periodic payments to the DESIGNER based upon actual progress within 30 days after receipt and approval of invoice. Said periodic payments to the DESIGNER shall not exceed the amounts shown in the following schedule, and full payments for each task shall not be made until the task is completed and accepted by the CITY. C. Any changes to the PROJECT that result in a change in contract performance time of over 30 days or DESIGNER compensation must be made in the form of a written change order. Any change order that exceeds either$10,000 or increases the time of completion of the PROJECT by more than 90 days must be approved by the City Council. Any increases to the contract amount shall be calculated using the hourly rates detailed in Attachment C. 5. INVOICES A The DESIGNER shall submit invoices in a format approved by the CITY. Progress reports (2B above)will be included with all payment requests. B. The DESIGNER shall maintain records showing actual time devoted and cost incurred. The DESIGNER shall permit the authorized representative of the CITY to inspect and audit all data and records of the DESIGNER for work done under this Agreement. The DESIGNER shall make these records available at reasonable times during the Agreement period, and for a year after termination of this Agreement. 6. 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 DESIGNER. In the event that this Agreement is so terminated, the DESIGNER 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 Article 4 above. 7. TERM This Agreement shall become effective as of the date the DESIGNER is given a notice to proceed and, unless terminated for cause or pursuant to Article 6, shall be deemed concluded on the date the CITY determines that all of the DESIGNER'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 term or provision of the Agreement. -2- 8. NOTICE OF CLAIM If the DESIGNER wishes to make a claim for additional compensation as a result of action taken by the CITY, the DESIGNER 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 DESIGNER's fee shall be valid only to the extent that such changes are included in writing signed by the CITY and the DESIGNER. Regardless of the decision of the CITY relative to a claim submitted by the DESIGNER, all work required under this Agreement as determined by the CITY shall proceed without interruption. 9. 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. 10. INDEMNIFICATION To the fullest extent permitted by law, DESIGNER agrees to and shall indemnify, defend and hold harmless the CITY, its officers, employees, agents,boards and commissions from and against any and all claims, suits,judgments, costs, attorneys fees, damages or other relief, including but not limited to workers compensation claims, in any way resulting from or arising out of negligent actions or omissions of the DESIGNER in connection herewith,including negligence or omissions of employees or agents of the DESIGNER arising out of the performance of this Agreement. In the event of any action against the CITY, its officers, employees, agents, boards or commissions, covered by the foregoing duty to indemnify,defend and hold harmless such action shall be defended by legal counsel of the CITY's choosing. 11. 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. 12. INSURANCE A. Comprehensive Liability. The DESIGNER shall provide, pay for and maintain in effect, during the term of this Agreement, a policy of comprehensive general liability insurance written in occurrence form with limits of at least $1,000,000 aggregate for bodily injury and $1,000,000 aggregate for property damage. The DESIGNER shall deliver to the COORDINATOR 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 COORDINATOR. The Certificate of Insurance which shall include Contractual obligation assumed by the DESIGNER under Article X entitled"Indemnification" shall be provided. This insurance shall apply as primary insurance with respect to any other insurance or self- -3- insurance programs afforded to the CITY. There shall be no endorsement or modification of this insurance to make it excess over other available insurance, alternatively, if the insurance states that it is excess or prorate,it shall be endorsed to be primary with respect to the CITY. B. Comprehensive Automobile Liability. Comprehensive Automobile Liability Insurance written in occurrence form covering all owned, non-owned and hired motor vehicles with limits of not less than$500,000 per occurrence for damage to property. C. Combined Single Limit Policy. The requirements for insurance coverage for the general liability and auto exposures may be met with a combined single limit of $1,000,000 per occurrence subject to a$1,000,000 aggregate. D. Professional Liability. The DESIGNER shall carry Professional Liability Insurance Covering claims resulting from error, omissions or negligent acts with a combined single limit of not less than $1,000,000 per occurrence. A Certificate of Insurance shall be submitted to the COORDINATOR as evidence of insurance protection. The policy shall not be modified or terminated without thirty(30)days prior written notice to the COORDINATOR. 13. CONSTRUCTION MEANS,METHODS,TECHNIQUES,SEQUENCES, PROCEDURES AND SAFETY The DESIGNER 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 construction,unless specifically identified in the Scope of Services. 14. 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 the CITY. 15. 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. 16. DELEGATIONS AND SUBCONTRACTORS Any assignment, delegation or subcontracting shall be subject to all the terms, conditions and other provisions of this Agreement and the DESIGNER shall remain liable to the CITY with respect to each and every item, condition and other provision hereof to the same extent that the DESIGNER would -4- have been obligated if it had done the work itself and no assignment, delegation or subcontract had been made. Any proposed subcontractor shall require the CITY's advanced written approval. 17. NO CO-PARTNERSHIP OR AGENCY This agreement shall not be construed so as to create a partnership,joint venture, employment or other agency relationship between the parties hereto. 18. SEVERABILITY The parties intend and agreed that, if any paragraph, sub-paragraph,phrase, clause or other provision of this Agreement, or any portion thereof, shall be held to be void or otherwise unenforceable, all other portions of this Agreement shall remain in full force and effect. 19. 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 teens and provisions hereof or the interpretation or construction thereof. 20. 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. 21. 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. Venue for the resolution of any disputes or the enforcement of any rights pursuant to this agreement shall be in the Circuit Court of Kane County,Illinois. 22. NEWS RELEASES The DESIGNER may not issue any news releases without prior approval from the COORDINATOR, nor will the DESIGNER make public proposals developed under this Agreement without prior written approval from the COORDINATOR prior to said documentation becoming matters of public record. 23. COOPERATION WITH OTHER CONSULTANTS The DESIGNER shall cooperate with any other consultants in the CITY's employ or any work associated with the PROJECT. 24. INTERFERENCE WITH PUBLIC CONTRACTING The DESIGNER certifies hereby that it is not barred from bidding on this contract as a result of a violation of 720 ILCS 5/33E et seq. or any similar state or federal statute regarding bid rigging. 25. SEXUAL HARASSMENT -5- As a condition of this contract, the DESIGNER 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. A copy of the policies must be provided to the Department of Human Rights upon request 775 ILCS 5/2-105. 26. WRITTEN COMMUNICATIONS All recommendations and other communications by the DESIGNER to the COORDINATOR and to other participants which may affect cost or time of completion, shall be made or confirmed in writing. The COORDINATOR may also require other recommendations and communications by the DESIGNER be made or confirmed in writing. 27. 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: Amy Coyne,COORDINATOR City of Elgin 150 Dexter Court Elgin,Illinois 60120-5555 B. As to DESIGNER: Mr.Ronald Billy Jr. Tyson and Billy Architects,P.C. 4000 Morsay Drive Rockford IL 61107 -6- IN WITNESS WHEREOF, the undersigned have placed their hands and seals upon and executed this Agreement in triplicate as though each copy hereof was an original and that there are no other oral agreements that have not been reduced to writing in this statement. For the CITY: ATTEST: THE CITY OF ELGIN I By V = ,1 By a.....�► City Clerk City Manager (SEAL) For the DESIGNER: Dated this 6 day of NNI VM,E, -. ,A.D.,2002 ATTEST: qILOP 6}. By _► BY rt►T�� ,,t� ;�► 'I t� President � rwr "OFFICIAL SEAL" (SEAL) SHANNAN SPRIGGS Notary Public,State of Illinois My Commission Expires 07/31/06 i rrrrwr�irrrrirriiiA -7- Attachment A Scope of Services 1. Initial meeting with the City and Housing Authority to discuss project implementation. 2. Inspection of existing buildings and site. Meet with City and Housing Authority staff to define scope of work. 3. Development of design accompanied by a cost estimate of the work proposed. A draft design and preliminary cost estimate shall be submitted to the City of Elgin for review and comment prior to submission of final design and cost estimates. 4. Preparation of plans and specifications to be used as a basis for contractor bidding and construction. 5. Prepare schedule for completion of project and periodic updates as needed. 6. Assist City Purchasing Department with public bidding of project. 7. Provide sufficient number of copies of plans and specifications to bid the work. 8. Review of bids of contractors and recommendation for bid award. 9. Construction monitoring of the awarded construction work to assure compliance with the plans and specifications and acceptability of work performance. Review and approval of requested payouts. Approval of final work and final payout. Attachment B ABILITY TO PROVIDE TIMELY SERVICE Initial meeting to clarify and establish the program ✓ One day following "Notice to Proceed" _ ► Schematic design documents • Field verification of sites against as-built drawings • Sketches with notes for proposed work and product literature cut sheets bound in a book, along with cost estimate 30 days from the "Notice to Proceed" ► Design development documents • Hard line drawings produced with Autocad 2000, with preliminary notes and schedules • Outline specification consisting of Division 1 through Division 16 30 days running concurrent with schematic design documents ► Contract documents • Final hard line drawings produced with Autocad Release 14, with final notes and schedules • Final project specifications with front end documents in accordance with Capital Fund/CGP and Housing Authority regulations 45 da s y from "Notice to Proceed" ► Bidding • Distribute contract documents to contractors, plan review rooms, owner and consultants • Answer bidding questions and attend pre-bid meetings • Attend bid opening and review bids and make recommendations 30 days from bid advertisment in the paper to awarding a contract ► Construction observation • Perform weekly site visits to adequately review contractor's progress. Write field reports and distribute to all parties involved • Process shop drawings and deliver to owner, contractor and consultants • Attend payout meetings. Write meeting minutes and distribute to all parties involved • Process proceed orders (if any) and distribute accordingly • Answer questions for contractors during construction • Punch list inspection report and completion of certificate of substantial completion w.) days from the award of the contract ► Warranty phase • Attend warranty inspection meeting, view sites and conduct meeting. Write meeting minutes and distribute to all parties accordingly Timeframe based upon "punch list" completion and final payout authorization by the City of Elgin. Attachment C SCHEDULE OF FEES Tyson and Billy Architects will perform full architectural services at the below hourly rate not to exceed $17,600.00 (seventeen thousand six hundred dollars). Architectural Services Hourly Rate Principal $ 115 Architect $ 80 Construction Observation $ 45 AutoCAD Drafters $ 40 Administrative Services $ 35 * All hourly rates indicate the 2.5 multiplier. ** City of Elgin shall additionally pay for actual verified costs of printing specification manual and material and supplies for project drawings in an amount not to exceed $1 , 200 . 00 (twelve hundred and 00/100ths dollars) . OF Et.c, N, N Agenda Item o. T City of Elgin i� {' t . G o ; October 4, 2002 N NEIGHBORHOOD VITALITY TO: Mayor and Members of the City Council FROM: Olufemi Folarin, Interim City Manager SUBJECT: Architectural Services for the 2000 Housing Authority of Elgin (HAE) Watch Court Renovation Project PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to award a contract for architectural services for the 2000 HAE Watch Court Renovation Project . rift BACKGROUND The Housing Authority of Elgin' s Watch Court Renovation project was allocated $94 , 038 . 00 in Community Development Block Grant (CDBG) funds out of Program Year 2000 . The CDBG funding will provide for exterior renovation work at Watch Court . The architectural services contract shall provide for the preparation of specifications, drawings, bid documents, and site monitoring responsibilities . Request for Proposals (RFP) were sent to twenty-six area firms and advertised in the Courier News on August 26, 2002 . The RFPs for the subject project were publicly opened on September 12, 2002 at 11 : 00 a.m. Three proposals were received from Sutter Architects, Greg Berna Architect, and Tyson & Bily Architects . A synopsis was completed for the three proposals, indicating qualifications, experience, time tables, and etc . After reviewed by City staff and the Housing Authority, it was determined that Tyson & Bily Architects would be the most capable of performing the job. Attached for your review is the Bid Tabulation, Scope of Work, Synopsis, and Tyson & Bily' s proposal . top- RFP #02-110-2000 HAE-Watch Court Renovation Project October 4, 2002 Page 2 Tyson & Bily Architects have years of experience and knowledge working with Housing Authority' s throughout the State of Illinois . The firm has completed work on Housing Authority rehab projects ranging from 14 units to 80 units . They are currently working with the HAE on a rehab project, so they are familiar with the properties and work that will need to be performed. Therefore, City staff and the Housing Authority of Elgin recommend Tyson & Bily Architects for the project . COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. l' 114 ANCIAL IMPACT Sufficient funds are available ($94, 038) to enter into this agreement in the CDBG Program Year 2000, Major Repairs/Building- Structures, account number 230-0000-791 . 93-36, project number 154694 to cover the $17, 600 RFP award. GAL IMPACT A contract between the City the Elgin and Tyson & Bily Architects will have to be written and reviewed by the Legal Department before this proceeds to the City Council . ALTERNATIVES 1 . Award as recommended. 2 . Award to one of the other firms . 3 . Reject all RFPs and rebid the project . rft. . _ te- RFP #02-110-2000 HAE-Watch Court Renovation Project October 4 , 2002 Page 3 RECOMMENDATION It is recommended that the City Council award a professional services contract to Tyson & Bily Architects for a cost not to exceed $17, 600 . Respectfully submitted, Olufemi grin Interi y ger OF/ac Attachments eft.