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02-381 Resolution No. 02-381 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT FOR DESIGNER SERVICES WITH ANDERSON, MAHAFFEY, PRICE ARCHITECTS FOR THE HAWTHORN HILL NATURE CENTER BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, Interim City Manager, be and is hereby authorized and directed to execute an Agreement for Designer Services on behalf of the City of Elgin with Anderson, Mahaffey, Price Architects for site analysis, design and project management of the Hawthorn Hill Nature Center, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: December 4 , 2002 Adopted: December 4 , 2002 Vote : Yeas : 7 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk '~,(OF FC .;` q'ti Agenda Item No y Q b e,. ,„„ , City of Elginzi. (.( • —k // ,113 _ E L I. G November 29, 2002 _ N RE TO: Mayor and Members of the City Council RECREATIONAL ULTURLER UN AND CULTURAL OPPORTUNITIES FOR AL.1.CITIZENS FROM: Olufemi Folarin, Interim City Manager SUBJECT: Hawthorne Hill Nature Center .Architect Agreement PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider awarding Anderson Mahaffey Price Architects the design and construction management services for the Hawthorne Hill Nature Center development . BACKGROUND In 2001, City Council approved an application for an Open Space Land Acquisition Grant (OSLAD) sponsored by the Illinois Department of Natural Resources for the development of Hawthorne Hill Nature Center. The matching grant for $400, 000 was awarded to the City in 2002 and is expected to be completed in the fall of 2003 . The proposed construction budget for the nature center site design and construction is $1, 080, 000 . On August 30, 2002 , Parks and Recreation advertised for an RFP for architectural services for the design and construction management of the nature center. Five responses to the RFP were received on September 20, 2002 . Four of the five respondents were asked to give proposal presentations for further consideration by the selection team. The selection of the top candidates for the presentation was based upon the following criteria: 1 . Project manager qualifications. 2 . Project team qualifications. 3 . Firm experience. 4 . References. 5 . Familiarity with conditions. I► . Subject : Hawthorne Hill Nature Center Architect Agreement Date: November 29, 2002 Page 2 On September 30, 2002, the invited firms made presentations to- staff. The presentations were scored based upon the following: 1 . Firm experience with similar projects. 2 . Ability to demonstrate the design process. 3 . Strength of project team. 4 . Overall presentation. Based upon the proposals and presentations, the firm of Anderson Mahaffey and Price was found to be the top ranked firm for the design and construction management for the Hawthorne Hill Nature Center. The proposal cost was negotiated based on site services, estimated hours of architectural and project management services as well as current industry standards, which is within the estimated budget as follows : Phase 1 : Site analysis, schematic design, and cost estimate. $ 40, 130 r Phase 2 : Design development, construction documentation, and bidding $ 58, 340 Phase 3 : Construction management $ 11,475 Total contract amount $109, 945 COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. NIFINANCIAL IMPACT The total cost of this project is estimated at $1, 080, 000. There are sufficient funds budgeted ($678, 120) and available ($676, 141) in the 2002 Budget, Park Development Fund, account number 340-0000-795 . 92-32, project number 509501 to cover this architectural agreement of $109, 945 . It is anticipated that additional operating costs will be associated with this capital investment . As part of the 2003 Budget process, the Parks and Recreation Department identified $329, 869 in first year nature center operating costs and $260,261 in ongoing operating expenses. However due to budget 1. . Subject : Hawthorne Hill Nature Center Architect Agreement Date: November 29, 2002 Page 3 constraints, the 2003-2007 Financial Plan includes no funding of operational expenses for the nature center. v\mo)EGAL IMPACT None . ALTERNATIVES 1 . Award the contract to Anderson Mahaffey Price Architects in the amount of $109, 945 for the site analysis, design and project management of the Hawthorne Hill Nature Center. 2 . Award the contract for design and project management to one of the other firms that responded to the request for proposals . RECOMMENDATION It is recommended that the City Council award the contract to Anderson Mahaffey Price Architects in the amount of $109, 945 for the site analysis, design and project management of the Hawthorne Hill Nature Center. Respectfully submitted, Olufemi Folarin Interim City Manager Attachments JTB 4.4 A AGREEMENT FOR DESIGNER SERVICES BETWEEN THE CITY OF ELGIN AND THE ARCHITECT N( 1-'DL This Agreement made on the 0. D( is between the City of ELGIN ("the City"), 150 Dexter Court ELGIN, IL 60120 and Anderson, Mahaffey, Price Architects ("the Architect") located at 440 S. Third Street, Suite 201, St. Charles, IL, 60174 for the services described herein and in the attached APPENDIX A, Request for Proposals("REP"). The City and the Architect agree to the following: ARTICLE 1 DEFINITIONS 1.1. In General. 1.1.1. Well-known meanings. When words or phrases which have a well-known technical or construction industry or trade meaning are used herein, such words or phrases shall be interpreted in accordance with that meaning, unless otherwise stated. 1.1.2. Capitalization. The words and terms defined in this Article are capitalized in this Agreement. Other capitalized words may refer to a specific document found in the Contract Documents or may be defined in the General Terms and Conditions of the Contract. 1.1.3. Persons. Whenever the word person or persons is used, it includes, unless otherwise stated, natural persons,joint ventures,joint stock companies, partnerships, associations, clubs, companies, corporations, businesses, trusts or organizations. 1.1.4. Singular and Plural. The following terms have the meanings indicated which are applicable to both the singular and the plural thereof. 1.2. Definitions. 1.2.1. Agreement- The Agreement is this written document between the City and the Architect which is titled: Agreement for Designer Services between the City Of Elgin and the Architect, which is the executed portion of the Contract and which forms part of the contract. The Agreement also includes all documents required to be attached thereto, including, but not limited to, certificates of insurance and also includes the Request for Proposals, including all documents referenced therein and the Architect's Proposal response thereto incorporated by reference herein and made a part hereof. In the event there is a conflict between this form Agreement, the Proposal documents and any attachments, this form Agreement shall control. 1.2.2. Change Order-A Change Order is a document which is signed by the Contractor and the City which is directed to the Contractor and which authorizes the Contractor to make an addition to,a deletion from,or a revision in the Work,or an adjustment in the sum or in the time of the Contract issued on or after the date of the Contract. 1.2.3. Construction Cost-The Construction Cost is the total cost or estimated cost to the City of all elements of the Project designed or specified by the Architect. The Construction Cost Agreement for Designer Services Page 1 shall include the cost of labor at current prevailing wage rates established by the Commonwealth and furnished by the City, materials and equipment designed,specified,selected,or specially provided for by the Architect, plus a reasonable allowance for the overhead and profit. In addition,a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work during construction. Construction Cost does not include the compensation of the Architect and the Architect's consultants,the costs of the land, rights-of-way,financing,or other costs which are the responsibility of the City as provided herein. 1.2.4. Construction Documents - The Construction Documents consist of Plans and Specifications setting forth in detail the requirements for the construction of the Project. 1.2.5. Contract Documents-The Contract Documents consist of the Agreement between the City and the Contractor; the notice of award of the Contract; the Notice to Proceed; the entire Project Manual;Change Orders;Work Change Directives;the Contractor's Bid and all accompanying documents; and the Architect's written interpretations and clarifications issued on or after the issuance of the Notice to Proceed. 1.2.6. Contract-The Contract consists of all the Contract Documents. 1.2.7. Contractor-The Contractor is the person who is awarded the construction contract for the Project and is identified in the Agreement as such. The term "Contractor" is intended to include the Contractor as well as its authorized representative(s). 1.2.8. General Terms And Conditions Of The Contract-General Terms and Conditions of the Contract refers to the General Terms and Conditions of the Contract between the City and the Contractor. 1.2.9. Product Data - Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams, and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. 1.2.10. Project-The Project is the total construction of which the Work to be provided under the Contract Documents may be the whole or a part of the Project as indicated elsewhere in the Contract Documents and may include construction by the City or by separate contractors. The Project is the Work described in the Request for Proposals, the Architect's Proposal response, the invitation to bid and Specifications, and illustrated by the Plans. 1.2.11. Proposed Change Order-A Proposed Change Order is a Change Order that has not been approved by the City. 1.2.12. Reimbursable Expenses-Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Architect in the interest of the Project, as identified by the following: long distance calls and faxes;fees paid for securing approval of authorities having jurisdiction over the Project; reasonable expense of reproduction necessary for the rendition of services hereunder, which expense shall not include the expense of producing the sets of documents referred to in the Schematic Design Phase,the Design Development Phase, and the Construction Document Phase herein, as these expenses are covered in the Architect's compensation for Basic Services; expense of postage and such other expenses incurred in connection with the Project when specifically authorized in advance in writing by the City. Payment for photocopying letter or legal size documents shall not exceed 100 per page. Payment for all other documents shall be at cost. Agreement for Designer Services Page 2 1.2.13. Samples-Samples are physical examples of materials,equipment,or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 1.2.14. Shop Drawings-Shop Drawings are all drawings,diagrams,illustrations,schedules, and other information which are specifically prepared or assembled by or for the Contractor and submitted by the Contractor to illustrate some portion of the Work. 1.2.15. Statement of Probable Construction Costs - The Statement of Probable Construction Costs is a preliminary, detailed estimate of Construction Cost based on current area, volume, or other unit costs. Such estimate shall indicate the cost of each category of work involved in constructing the Project(including, but not limited to,filed sub-trades)and shall establish the period of time for each category from the commencement to the completion of the construction of the Project. The detailed estimate shall include quantities of all materials and unit prices of labor and material,as well as a cost estimate containing individual line items for each item of work. 1.2.16. Substantial Completion-Substantial Completion means that the Work has been completed and opened to public use,except for minor incomplete or unsatisfactory items that do not materially impair the usefulness of the Work. The Architect shall decide what constitutes"minor," "incomplete," "unsatisfactory,"and "materially" and the Architect's decision shall be final. 1.2.17. Work Change Directive - A Work Change Directive is a written directive to the Contractor issued on or after the date of the contract between the City and the Contractor and signed by the City and recommended by the Architect ordering an addition to,a deletion from,or a revision in the Work. 1.2.18. Work-The Work means the construction and services required by the Construction Documents, whether completed or partially completed, and includes all other labor, materials, equipment, and services provided or to be provided by the Contractor to fulfill its obligations. The Work may constitute the whole or a part of the Project. ARTICLE 2 THE ARCHITECT'S RESPONSIBILITIES 2.1. STANDARD OF PERFORMANCE. The Architect shall perform the services under this Agreement with the skill, care, and diligence in accordance with the high level of professional standards prevailing in the greater Chicago area for the type of construction required herein. All of the Architect's services under this Agreement shall be performed as expeditiously as is consistent with such standards. The Architect shall be responsible in accordance with those standards for the adequacy, safety, and overall integrity of the Project's design, including, but not limited to, the architectural, structural, mechanical, and electrical design of the Project. 2.2. SCHEDULE OF PERFORMANCE. The schedule for the performance of the Architect's services is attached hereto as APPENDIX B. The time limits established by the schedule approved by the City shall not be exceeded by the Architect, except as otherwise provided herein. Time is of the essence and time periods established by the attached APPENDIX B shall not be exceeded by the Architect except for delays due to causes outside the Architect's control (which term shall not include staffing problems, insufficient financial resources, consultant's default, or negligent errors or omissions on the part of either the Architect or any of its consultants). 2.3. TIMELINESS OF INTERPRETATIONS,CLARIFICATIONS,AND DECISIONS. With regard to all phases of this Agreement,the Architect shall render interpretations, clarifications, and Agreement for Designer Services Page 3 decisions in a timely manner pertaining to documents submitted by the City or the Contractor in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. 2.4. RELATIONSHIP WITH THE CITY. For the purposes of this Agreement, the Architect shall be a representative of the City and shall advise and consult with the City until the termination of the Contractor's warranty and correction period. ARTICLE 3 SCOPE OF THE ARCHITECT'S BASIC SERVICES 3.1. IN GENERAL. 3.1.1. The Architect's Basic Services shall consist of: 3.1.1.1.those services identified in the Request for Proposals, the Architect's Proposal response thereto and those services identified below within the different phases; 3.1.1.2. any other professional services which are reasonably necessary as determined by the City for the design and administration of construction of the Project, including, without limitation, the following: 3.1.1.2.1. all surveys, geotechnical services, testing services, and related information and reports reasonably required by the Project, geotechnical and civil engineers; landscape architect; independent cost estimator; fire protection, life safety, lighting, interior design, asbestos removal, and movable equipment consultants; and normal structural, mechanical, and any other engineering services necessary to produce a complete and accurate set of Construction Documents(the cost for any and all professional services is not subject to profit adjustments); 3.1.1.3. attending and providing testimony at any formal or informal hearings related to the Project, including, but not limited to, bid protest hearings and City Council meetings, if deemed necessary by the City. If the Architect is called as a witness in a court of competent jurisdiction in a matter in which the Architect is a named party, the Architect will not be additionally compensated. If the Architect is called by the City as a witness in a matter in a court of competent jurisdiction in which the Architect is not a named party, the Architect will be compensated according to APPENDIX C attached hereto; 3.1.1.4. preparing for and appearing on the City's behalf at all administrative or regulatory hearings, presentations, or conferences with respect to any zoning, building code, urban renewal, or other matters in connection with the Project, including, without limitation, any hearings, presentations, or conferences with any City, State, or Federal agencies or officials and any neighborhood groups. The Architect's obligations under this paragraph shall include preparing plans and other materials reasonably required in connection with any such hearings, presentations, and conferences; 3.1.1.5. assisting the City in connection with the City's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. The Architect shall prepare the Plans and Agreement for Designer Services Page 4 Specifications required in order to obtain approval of, and in accordance with,all requirements of all governmental agencies having jurisdiction over the Project. Any Plans and Specifications furnished by the Architect which are discovered to be defective during any Phase will be promptly corrected by the Architect at no cost to the City, and the Architect will promptly reimburse the City for all damages, if any, resulting from the use of such defective Plans and Specifications. The City's approval,acceptance,use of or payment for all or any part of the Architect's services shall in no way alter the Architect's obligations or the City's rights hereunder; and 3.1.1.6.all design and redesign services required within or between the Design Development Phase and the Construction Documents Phase to keep the Construction Cost of the Project within the fixed limit of Construction Cost. 3.1.2. As part of the Basic Services, the Architect shall prepare record drawings in accordance with the following: 3.1.2.1. Record Keeping. 3.1.2.1.1. As the Construction Phase progresses,the Architect shall maintain four separate sets of in-progress record drawings (blueline or blackline)at the Site,one set each for mechanical,electrical,plumbing,and architectural/structural disciplines. All deviations from the Construction Documents and the exact locations of the Work as installed and constructed shall be neatly and accurately indicated. Work completed to date shall be colored and highlighted. 3.1.2.2. Permanent Record Drawing Preparation. 3.1.2.2.1. The Architect shall transfer the information contained on the in-progress record drawings to wash-off mylar transparencies of the original contract drawings. All work shall be performed by experienced and knowledgeable draftspersons using the same standards and quality of drafting as used on the original drawings. 3.1.2.3. Review of Record Drawings at Substantial Completion. 3.1.2.3.1. Upon Substantial Completion of the Work or portions thereof, the Architect or Engineer of record shall review and approve the above permanent record drawings. 3.1.2.4. Submission to the City. 3.1.2.4.1. The following shall be submitted to the City no later than the date of Substantial Completion: 3.1.2.4.1.1. A complete set of original Construction Documents on mylar and also on disk in AutoCad format. 3.1.2.4.1.2. Permanent record drawings as described above on mylar with the seal of the Architect or Engineer of record. 3.1.2.4.1.3. One set of blueline prints of the above. Agreement for Designer Services Page 5 3.1.2.4.1.4. Four sets of in-progress record drawings. 3.2. SCHEMATIC DESIGN PHASE. 3.2.1. Commencement. The Schematic Design Phase begins upon the full execution of this Agreement. 3.2.2. Written Program. The Architect in consultation with the City and any other persons designated by the City shall develop a written program for the Project to ascertain the City's needs and to establish the requirements of the Project. 3.2.3. Preliminary Evaluation. The Architect shall provide a preliminary evaluation of the City's program, schedule, and construction budget requirements, each in terms of the other. 3.2.4. Alternative Approaches. The Architect shall review with the City alternative approaches to the design and construction of the Project. 3.2.5. Schematic Design Documents. The Architect shall prepare,for approval by the City, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. Based upon the program approved by the City, as well as schedule and construction budget requirements, the Schematic Design Documents shall comply with all applicable laws, statutes, ordinances, codes, orders, rules, and regulations. 3.2.6. Independent Cost Estimators. As part of the Basic Services and when requested by the City, the Architect shall retain the services of an independent cost estimator whose responsibilities shall include without limitation all cost estimates described in this Agreement, estimates of the cost of Proposed Change Orders and assistance in establishing a Change Order budget, and review and confirmation of the Contractor's cost estimates. 3.2.7. Statement of Probable Construction Costs. The Architect shall submit to the City a Statement of Probable Construction Costs. 3_3. DESIGN DEVELOPMENT PHASE. 3.3.1. Commencement. The Design Development Phase begins upon the City's written approval of the Architect's Schematic Design Documents. 3.3.2. Preparation of Design Development Documents. Based on the approved Schematic Design Documents and any adjustments authorized by the City in the program,schedule, or construction budget, the Architect shall prepare, for approval by the City, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Project as to architectural, structural, mechanical, and electrical systems; materials; and such other elements as may be appropriate. The Design Development Documents shall be complete and unambiguous and shall comply with all applicable laws, statutes, ordinances, codes, orders, rules, and regulations. 3.3.3. Adjustment to Statement of Probable Construction Cost. The Architect shall advise the City in writing of any adjustments to the Statement of Probable Construction Cost Agreement for Designer Services Page 6 prior to the commencement of the Construction Document Phase. The approved adjustment of the Statement of Probable Construction Cost or the Statement of Probable Construction Cost, if there is no adjustment, shall constitute a fixed limit of Construction Cost as that term is used herein. Such fixed limit, once established, shall be adjusted only by written agreement of the City and the Architect, or as otherwise provided herein. 3.4. CONSTRUCTION DOCUMENT PHASE. 3.4.1. Commencement. The Architect's responsibility to provide Basic Services for the Construction Document Phase under this Agreement commences with the City's acceptance and approval of the Design Development Documents and ends on the date the Bidding and Award Phase commences. 3.4.2. Preparation of Plans and Specifications. Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project or in the construction budget authorized by the City, the Architect shall prepare, for approval by the City, Plans and Specifications setting forth in detail the requirements for the construction of the Project. 3.4.3. Preparation of Additional Bidding Information. The Architect shall assist the City in preparing the bidding documents when requested by the City. 3.4.4. City-Generated Forms and Documents. The City shall provide the Architect with copies of all City-generated forms and documents intended to be included in the Project Manual. The Architect will include these forms and documents in its Project Manual. It is the responsibility of the Architect to ensure that all such documents are included in the final Project Manual. Any costs incurred as a result of the failure of the Architect to include any such documents will be borne by the Architect and not charged to the City, where such failure is the fault of the Architect. The Architect may propose changes to these City-generated forms and documents; however, implementation of such changes are subject to the unilateral approval of the City. No changes may be made to such documents without the prior written consent of the City. The Architect shall prepare and submit to the City for approval the entire Project Manual. The Architect is responsible for ensuring that the Construction Documents comply with all applicable laws,statutes, ordinances,codes,orders,rules and regulations. The Architect will cause the printing of the Project Manuals unless the City instructs the Architect otherwise. The Project Manuals shall be printed on paper with a minimum of 20%post consumer content. The cost of producing such Project Manuals will be passed onto the City at cost. 3.4.5. Addenda. All addenda shall be issued by the Purchasing Director;however, at the Purchasing Director's sole discretion, the Architect may be called upon to prepare a draft of any such addenda. Any corrections to the Construction Documents which require an addendum will be made by the Architect at no charge to the City. 3.4.6. Printing of Project Manual. The Architect must provide the City with a final draft of the Project Manual and obtain approval from the City prior to printing. Any changes required to be made to the Construction Documents as a result of errors by the Architect or persons within its control will be promptly corrected at no cost to the City. The Architect shall make its best efforts to print Project Manuals on paper containing a minimum of twenty percent (20%) post consumer content. 3.4.7. Packaging the Project Manual.. The Architect will require the printer of the Project Manual to wrap each set of Plans in a brown wrapper, or, if the Plans are small in number, fold each set of Plans and insert one set into each Project Manual. Agreement for Designer Services Page 7 3.4.8. Delivery of Project Manual. The Architect will use its best efforts to ensure that the Purchasing Department receives the number of Project Manuals requested by the Purchasing Department no later than 3:00 p.m.on the day prior to the first day of advertisement of the Invitation to Bid. 3.4.9. Adjustment to Statement of Probable Construction Cost. The Architect shall advise the City in writing of any adjustments to Statement of Probable Construction Cost indicated by changes in requirements or general market conditions. 3_5. BIDDING AND AWARD PHASE. 3.5.1. Commencement. The Bidding and Award Phase commences on the date the Invitation to Bid is first advertised and ends on the date the Construction Phase begins. 3.5.2. Additional Bidders. The Architect shall assist the City in obtaining bids if, in the opinion of the Purchasing Director, an insufficient number of persons requested the Project Manual. The Architect will notify"responsive"and"responsible"persons(as those terms are defined in the Elgin Municipal Code)of the Invitation to Bid. 3.5.3. When Lowest Bid Exceeds Total Construction Cost. If the lowest bona fide bid by a Contractor exceeds the total construction cost of the Project as set forth in the approved Statement of Probable Construction Costs by more than ten percent(10%),then upon the request of the City,the Architect will revise the Plans and Specifications in consultation with the City to reduce or modify the quality or quantity,or both,of the Work so that the total construction cost of the Project will not exceed the total construction cost set forth in the Statement of Probable Construction Costs by more than ten percent(10%).All revisions pursuant to this paragraph shall be at the Architect's sole cost and expense(which cost and expense include, but are not limited to the Architect's time, the cost of reprinting the Project Manual, and the cost of readvertisement of the Project). 3.5.4. Pre-Bid Conferences. The Architect shall attend all prebid conferences. 3.5.5. Investigation of Bidders. The Architect shall investigate,at minimum,the lowest Bidder. The investigation shall include,but is not limited to, reviewing the files maintained by the Department of Capital Planning and Operations,or any other governmental agency charged with maintaining such documents related to such Bidder, telephoning or writing owners of the Bidder's prior projects,telephoning or writing architects from such prior projects,visiting the sites of such other projects and checking all other appropriate references. The Architect shall provide the City with a detailed letter of approval or disapproval of such Bidder. The letter must include relevant language from the appropriate state laws regarding the responsiveness and responsibility of Bidders. If the Architect disapproves of the lowest Bidder, then the Architect must investigate the next lowest Bidder in the same manner described above, and continue to investigate each successive low Bidder until a Bidder is approved. For every Bidder investigated, the Architect must provide the City with a detailed letter as described above. 3.5.6. Preparation of Contract. To the extent required,the Architect shall assist the Purchasing Director in the preparation of the construction contract. 3.6. CONSTRUCTION PHASE-ADMINISTRATION OF THE CONSTRUCTION CONTRACT. 3.6.1. Commencement. The Construction Phase commences with the full execution of the contract for construction and terminates on the date of expiration of all of the guarantees and warranties provided by the Contractor to the City. Agreement for Designer Services Page 8 3.6.2. Change in Architect's Duties, Etc. Construction Phase duties, responsibilities, and limitations of authority of the Architect shall not be extended without written agreement of the City and the Architect. Any restrictions or modifications to the Architect's duties and responsibilities can be imposed by the City without the consent of the Architect. 3.6.3. Preconstruction Conferences. The Architect shall attend all preconstruction conferences. 3.6.4. Site Visits. The Architect shall visit the Site at intervals appropriate to the stage of construction, but no less than once a week, or as otherwise agreed by the City and the Architect,to become familiar with the progress and quality of the Work and to determine with care if the Work is proceeding in accordance with the requirements of the Contract Documents. The Architect shall cause its engineering and other consultants to make similar Site visits,at such times as may be required for observation of portions of the Work designed and/or specified by them. The Architect shall not be required to make continuous on-site inspections to check the quality or quantity of the Work. The Architect shall promptly submit to the City a detailed written report subsequent to each on-site visit, which shall include any observation of material deviations by the Contractor or subcontractors from the requirements of the Contract Documents. 3.6.5. Job Meetings. There shall be job meetings at intervals appropriate to the complexity of the Project at a particular stage, but no less than one job meeting per week, or as otherwise agreed by the City. The Architect shall attend all job meetings. The number of meetings per week will depend on the complexity of the Project at a particular stage,the problems encountered on the Project, or the City's request that additional meetings be held. The Architect shall also be required to be present when governmental authorities having jurisdiction over the Project visit the Site to inspect the Work. The Architect will exercise good care and diligence in discovering and promptly reporting to the City, as well as to the Contractor, any defects or deficiencies in the Work. 3.6.6. Construction Means,Methods,Etc. The Architect shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the Work. However, the Architect shall promptly report to the City any perceived irregularities. 3.6.7. Contractor's Schedule. Except as otherwise provided in this Agreement, the Architect shall not be responsible for the Contractor's schedules or failure to carry out the Work in accordance with the Contract Documents, except to the extent that such failure is caused by the Architect. Except as otherwise provided in this Agreement,the Architect shall not have control over or charge of acts or omissions of the Contractor, its Subcontractors,or their agents or employees,or of any other persons performing portions of the Work. However, nothing in this paragraph shall relieve the Architect of its obligations to the City elsewhere in this Agreement. The Architect shall review all schedules presented by the Contractor and advise the City as to the appropriateness of same. 3.6.8. Applications and Certifications for Payment. Based on the Architect's observations of the Work and evaluations of the Contractor's applications for payment,the Architect shall review and certify the appropriate amounts due the Contractor within five(5)business days after receipt of the Contractor's application for payment, and such certifications shall be in the form requested by the City. The Architect's certification for payment shall constitute a representation to the City based on the Architect's observations at the site and on the data comprising the Contractor's application for payment that the Work has progressed to the point indicated and the quality of Work is in accordance with the Contract Documents. The foregoing representations are subject to minor deviations from the Contract Documents correctable prior to completion and to Agreement for Designer Services Page 9 specific qualifications expressed by the Architect. The Architect is required to review and validate the certified payrolls. The Architect is required to reconcile the applications for payment with the certified payrolls. The issuance of a certificate for payment shall further constitute a representation that the Contractor is entitled to payment in the amount certified. The Architect shall establish office procedures assuring either immediate mail or messenger delivery of the approved applications for payment to the City. 3.6.9. Rejection of Work. The Architect shall have the responsibility, obligation, and authority to reject Work which (1) does not conform to the Contract Documents; (2) which the Architect believes to be defective; and (3) the Architect believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents and shall promptly notify the City of such rejection. Whenever the Architect considers it necessary or advisable for implementation of the intent of the Contract Documents, the Architect will have the responsibility, obligation, and authority to require additional inspection or testing of the Work in accordance with the provisions of the Contract Documents,whether or not such Work is fabricated, installed,or completed; provided, however,the Architect must obtain the City's prior written approval of any such special inspection or testing. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, Suppliers, other persons performing portions of the Work. 3.6.10. Submittals. The Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as Proposed Change Orders, Shop Drawings, Product Data, and Samples, for the purpose of: (a) determining compliance with applicable laws, statutes, ordinances, codes, orders, rules, and regulations; and (b) determining whether the Work, when completed,will be in compliance with the requirements of the Contract Documents. The Architect's action shall be taken with such reasonable promptness as to cause no delay in the Work taking into account the time periods set forth in the latest schedule prepared by the Contractor and approved by the Architect and, in any event,such action shall be taken within fourteen(14)days after submittal to the Architect. The Architect shall indemnify the City for any monies paid by the City to the Contractor as a result of the Architect's delay in taking appropriate action, as described above, where such delay is not caused in any part by the City. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities or for substantiating instructions for installation or performance of equipment or systems designated by the Contractor, all of which remain the responsibility of the Contractor to the extent required by the Contract Documents. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of construction means, methods, techniques, sequences, or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. When professional certification of performance characteristics of materials, systems, or equipment is required by the Contract Documents,the Architect shall be entitled to rely upon such certification to establish that the materials, systems, or equipment will meet the performance criteria required by the Contract Documents. 3.6.11. Change Orders and Work Change Directives. The Architect shall prepare Change Orders and Work Change Directives, with supporting documentation and data if deemed necessary by the Architect for the City's consideration, approval and execution in accordance with the Contract Documents. Notwithstanding anything else to the contrary in this Agreement,any and all proposed Change Orders or proposed Work Change Directives shall require the approval of the City. Agreement for Designer Services Page 10 3.6.12. Interpretations, Clarifications,and Decisions of the Architect. 3.6.12.1. The Architect will interpret, clarify,and decide matters concerning performance under and requirements of the Contract Documents on written request of either the City or the Contractor. The Architect's response to such requests will be made with reasonable promptness and within the time set forth herein. Any such written interpretations, clarifications, or decisions shall be binding on the Contractor. Interpretations,clarifications, and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. The Architect may, as the Architect judges desirable, issue additional drawings or instructions indicating in greater detail the construction or design of the various parts of the Work; such drawings or instructions may be effected by a field change order or other notice to the Contractor, provided such drawings or instructions are reasonably consistent with the previously existing Contract Documents. The Architect shall not be liable for results of interpretations, clarifications, and decisions so rendered in good faith and in the absence of negligence by the Architect. 3.6.12.2. Time Limit for Rendering Decisions. The Architect shall render written interpretations,clarifications,and decisions within a reasonable time, but in no event more than seven (7)days after receipt of same. 3.6.13. Aesthetic Effect. The Architect's decisions on matters relating to aesthetic effect must be consistent with the City's. The Architect shall advise the City in matters relating to aesthetic effect; however, the City's decision in these matters shall be final. 3.6.14. Claims. 3.6.14.1. Initial Referral. All claims made by the owner, or contractor for the interpretation of the specifications approval of equipment,material or any other approval the bases of which arise prior to final payment or the earlier termination of the Contract,shall be referred initially to the Architect for action as provided herein. 3.6.14.2. Time Period and Action. The Architect shall review Claims and shall do one of the following within seven (7) days of receipt of the Claim: 3.6.14.2.1. defer any action with respect to all or any part of a Claim for the purpose of requesting and receiving additional information from either party; 3.6.14.2.2. decline to render a decision for any reason which it deems appropriate(including, but not limited to, the fact that the Claim involves allegations of fault on the part of the Architect); or 3.6.14.2.3. render a decision on all or a part of the Claim. If the Architect requests additional information,the Architect shall take action with respect to the Claim no later than seven(7)days after receipt of the additional information. The Architect shall notify the parties in writing of its disposition of such Claim. If the Architect decides that the Work relating to such Claim should proceed regardless of its disposition of such Claim,the Architect shall issue to the Contractor a written order to proceed. 3.6.14.3. Decisions. Agreement for Designer Services Page 11 3.6.14.3.1. Decisions by the City or the Architect. In every case in which this Contract requires the City, any official, or its Architect to make a decision on interpretation of the Specifications,approval of equipment, material or any other approval,or progress of the Work, the decision shall be made promptly and, in any event, no later than [seven (7)] days after the written submission for decision; but if such decision requires extended investigation and study, the City, the official, or the Architect shall,within[seven (7)] days after the receipt of the submission, give the party making the submission written notice of the reasons why the decision cannot be made within the seven-day period and the date by which the decision will be made. 3.6.14.4. Resolved Claims. If a Claim is resolved, the Architect shall obtain or prepare the appropriate documentation and provide the City and the Contractor with a copy of same. 3.6.15. Determination of Substantial and Final Completion. On behalf of the City,the Architect shall conduct inspections, determine the dates of Substantial Completion and final completion, and shall issue a certificate of Substantial Completion,with the prior written consent of the City. Such inspections shall include a reasonable number of Site visits by the Architect and the Architect's engineering consultants. The Architect shall provide to the City a written report of all findings with recommendations for appropriate action. The Architect will receive and review(and approve or disapprove,as the case may be)written guarantees,operating manuals,spare parts lists, value charts, and related documents required by the Contract Documents to be assembled by the Contractor.When the Architect is satisfied that all such documents are complete as required by the Contract Documents, the Architect shall issue a final certificate of payment. 3.6.16. Inspection Prior to End of Guarantee Period. Notwithstanding any other provision in this Agreement,at least thirty(30)days prior to the expiration of the Contractor's guarantee period, the Architect shall assist the City in inspecting the Project at the City's request and provide to the City a written report of all findings with recommendations for appropriate action. Such inspections shall include a reasonable number of Site visits by the Architect and the Architect's engineering consultants. 3.6.17. Certificate of Occupancy. The Architect shall be responsible for satisfying any and all requirements with respect to services of an architect necessary to obtain a permanent certificate of occupancy under the City Of Elgin codes or other applicable codes or regulations. 3.6.18. Limitation on the Architect's Responsibilities. 3.6.18.1. Neither the Architect's authority to act under the provisions of the Contract Documents nor any decision made by the Architect in good faith to exercise or not to exercise such authority shall give rise to any duty or responsibility of the Architect to the Contractor, any Subcontractor, any Supplier, any surety for any of them, or any other person. 3.6.18.1.1. The Architect will not have control over or charge of and will not be responsible for construction means, methods,techniques, sequences,or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility as provided in the General Terms and Conditions. The Architect will not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. The Architect will not have control over or charge of and will not be responsible for acts or omissions of the Contractor, Subcontractors, Suppliers, or of any other persons performing portions of the Work. Agreement for Designer Services Page 12 ARTICLE 4 ARCHITECT'S ADDITIONAL SERVICES 4.1. IN GENERAL. The services described hereunder shall be paid for by the City in addition to the compensation for Basic Services. Prior to performing any service which the Architect claims to be an Additional Service,the Architect shall notify the City in writing that the service is an Additional Service, and shall provide with such notice an estimate of the additional compensation which will be payable to the Architect for performing such service. Such service shall not be performed, nor shall such estimate be exceeded,without the City's prior written approval. Failure to so notify the City and obtain the City's written approval shall constitute a waiver of the Architect's claim for additional compensation on account of such services. These services shall be provided only if authorized or confirmed in writing by the City. Notwithstanding anything to the contrary in this Agreement,the City shall not be responsible to pay and the Architect shall not be entitled to receive compensation for any additional service if such service was required due to the fault of the Architect or the Architect's failure to perform in accordance with the terms of this Agreement. Neither the Architect nor its consultants shall be compensated for any services involved in preparing changes that are required for additional Work that should have been anticipated by the Architect in the preparation of the Construction Documents, as reasonably determined by the City. 4.2. LIST OF ADDITIONAL SERVICES. The following list of Additional Services is intended to be illustrative and not considered all inclusive: 4.2.1. Making major revisions in Plans, Specifications, or other documents when such major revisions are: 4.2.1.1. inconsistent with approvals or instructions previously given by the City, including revisions made necessary by adjustments in the City's program or project budget; 4.2.1.2. required by the enactment or revision of codes, laws, or regulations subsequent to the preparation of such documents; or 4.2.1.3. due to changes required as a result of the City's failure to render decisions in a timely manner and where such failure is in no way caused by the Architect. 4.2.2. Providing services required because of major changes in the Project instigated by the City; 4.2.3. Material design work requested by the City in connection with Change Orders,Construction Change Directives, and the Contractor's value engineering proposals, provided that evaluation and judgments of the proposed changes and value engineering substitutions shall be provided as a Basic Service; 4.2.4. Providing consultation concerning replacement of Work damaged by fire or other cause during construction, and furnishing services required in connection with the replacement of such Work; provided, however, that such services are not required as a result of the negligence of the Architect; and 4.2.5. Providing any other services not otherwise included in this Agreement. ARTICLE 5 OTHER CONDITIONS OR SERVICES Agreement for Designer Services Page 13 5.1. OTHER SERVICES. Any other services which are part of Basic Services are set forth in APPENDIX C. 5.2. HAZARDOUS MATERIALS. Unless otherwise provided in this Agreement, the Architect and the Architect's consultants shall have no responsibility for the discovery, presence, handling, removal, or disposal of, or exposure of persons to hazardous materials in any form at the Project Site, including, but not limited to, asbestos, asbestos products, polychlorinated biphenyl, or other toxic substances, provided, however, the Architect shall report to the City the presence and location of any hazardous material observed by the Architect(or any material suspected to exist)or that an architect of similar skill and expertise should have observed. ARTICLE 6 THE CITY'S RESPONSIBILITIES 6.1. REQUIREMENTS FOR THE PROJECT. The City shall consult with the Architect regarding requirements for the Project, including the City's contemplated objectives, schedule, constraints, and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems, and site requirements. 6.2. BUDGET. The City shall consult with the Architect in order to establish and update an overall budget for the Project, including the Construction Cost, the City's other costs and reasonable contingencies related to all of these costs. 6.3. AUTHORIZED REPRESENTATIVE The City shall designate a representative authorized to act on the City's behalf with respect to the Project. The City or such authorized representative shall render decisions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. 6.4. CONSULTANTS. The City shall furnish the services of consultants not listed in the advertisement for the Request for Proposals when the City deems such services to be necessary. 6.5 FURNISHING INFORMATION OR SERVICES. Notwithstanding anything to the contrary written herein, the City shall only furnish information or services described in herein to the extent that any such information or service is reasonably required by the Architect to perform its services under this Agreement. The Architect shall review and confirm the sufficiency of any test and information furnished to the Architect by or on behalf of the City pursuant to this section. 6.6. NOTICE OF FAULT OR DEFECT. The City shall give reasonable and timely written notice to the Architect, if the City becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents. ARTICLE 7 RIGHTS AND RESULTS OF SERVICES 7.1. IN GENERAL. The results of the Architect's services under this Agreement shall be the exclusive property of the City, and all documents (including, without limitation, all writings, drawings, blueprints, pictures, plans,specifications, reportings,computer or machine readable data, and all copies or reproductions thereof)which describe or relate to the services performed or to be performed pursuant to this Agreement shall be the exclusive property of the City and shall be Agreement for Designer Services Page 14 delivered to the City upon request(except for one copy which may be retained by the Architect for its confidential files). No articles,papers,treatises or presentations related to or in any way based upon or associated with the services performed pursuant to this Agreement shall be presented or submitted for publication without the prior written consent of the City. It is agreed that the results of the Architect's services and the work product provided under this Agreement are not intended or represented to be suitable for reuse by the City at any Project not contemplated by this Agreement, and such reuse shall be without liability to the Architect. ARTICLE 8 BASIS OF COMPENSATION 8.1. IN GENERAL. For Basic Services,compensation shall be as provided in APPENDIX C. 8.2. STIPULATED SUM. Where the compensation is based on a stipulated sum, progress payments for Basic Services in each phase shall be as stated in APPENDIX C. 8.3. MATERIAL CHANGE IN SCOPE OR SERVICES. Any material change in the scope or services of the Project or the Architect's services shall require a written amendment to this Agreement approved by the City Council of the City. 8.4. ADDITIONAL SERVICES OF THE ARCHITECT. For Additional Services of the Architect, compensation shall be as stated in Fee Schedule, APPENDIX D. ARTICLE 9 PAYMENT TO THE ARCHITECT 9.1. The City shall make payments directly to the Architect within forty-five (45) days after the City receives and approves the Architect's detailed certified monthly statement. The detailed monthly statement must include, at minimum, itemized hours and work performed by the Architect (including, but not limited to, all employees of the Architect and its agents), and an itemized list of Reimbursable Expenses. Records of the Architect's expenses and hours pertaining to this Project shall be kept in accordance with generally accepted accounting principles, which principles shall be consistently applied. Said records shall be available to the City or its authorized representative upon reasonable notice for inspection and copying during regular business hours for six(6)years after the date of the final certificate of payment. 9.2. No payments will be made in advance of services rendered. 9.3. Deductions may be made from the Architect's compensation, if the Architect has not properly performed the services required in accordance with the terms of this Agreement. ARTICLE 10 INSURANCE REQUIREMENTS 10.1. The Architect at its own expense must obtain and maintain a professional liability insurance policy covering negligent errors, omissions, and acts of the Architect or of any person for whose performance the Architect is legally liable arising out of the performance of such contracts for design services. The City may require a consultant employed by the Architect subject to this subparagraph Agreement for Designer Services Page 15 to obtain and maintain a similar liability insurance policy. If the Architect is required by the City to obtain all or a portion of such insurance coverage, it shall at its own expense furnish a certificate or certificates of insurance coverage to the City prior to the award of the contract. Certificates of insurance are attached hereto as APPENDIX E. Any amendments these insurance requirements are set forth in APPENDIX E. 10.2. Any insurance carrier utilized to fulfill the insurance requirements of this Contract shall have a minimum A.M. Best rating of A-X. 10.3. The Architect and its structural, mechanical, and electrical engineering consultants shall each maintain the following minimum insurance coverages written in occurrence form, with the exception of that stated in 10.3.6: 10.3.1. Workers'Compensation insurance in compliance with Illinois law; 10.3.2. Employer's liability policy covering bodily injury by accident($100,000 each occurrence)and bodily injury by disease($100,000 each employee,$500,000 policy limit); 10.3.3. Comprehensive automobile liability insurance including hired, non-owned, and leased vehicles,if any, in the amount of$1,000,000 covering personal injury,bodily injury, and property damage; 10.3.4. Valuable Papers insurance in the amount of$100,000 covering damage to plans, drawings,computations,filed notes,or other similar data relating to the Work covered by this Agreement; 10.3.5. Commercial general liability insurance with a primary limit of not less than $1,000,000 combined single limit and naming the City as an additional insured; and 10.3.6. Professional Liability insurance in an amount not less than$1,000,000 or ten per cent(10%)of the Project's estimated cost of construction, or such larger amounts as the City may require, for the applicable period of limitations, including contractual liability coverage with all coverage retroactive to the earlier date of this Agreement or the commencement of the Architect's services in relation to the Project. 10.4. All insurance shall be provided by companies qualified and licensed to do business in the State of Illinois and acceptable to the City, and shall be maintained for a period of six(6) years following the last performance of services under this Agreement. Certificates evidencing such insurance shall be furnished to the City upon the execution of this Agreement by the Architect and upon each renewal period thereafter. The policies shall provide that the policies shall not be cancelled,renewed,or amended without thirty(30)days' prior notice to the City. All requests by the Architect for approval of engineers or other consultants shall be accompanied by certificates setting forth the types and amounts of insurance carried by them. The Architect shall require each such engineer or other consultant approved by the City to maintain the insurance shown in such certificate in accordance with the provisions of this paragraph. 10.5 The insurance for which the City is to be named as an additional named insured shall apply as primary insurance with respect to any other insurance or self-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. Agreement for Designer Services Page 16 ♦ f ARTICLE 11 TERMINATION,SUSPENSION,OR ABANDONMENT 11.1. TERMINATION. Notwithstanding any other provision hereof, the City may terminate this Agreement at any time upon fifteen (15) days prior written notice to the Architect. In the event this Agreement is so terminated, the Architect shall be paid for services actually performed and reimbursable expenses actually incurred prior to termination except that reimbursement shall not exceed the task amounts set forth under Appendix C. 11.2. SUSPENSION. The City reserves the right to stop or suspend the work upon seven (7) days written notice to the Architect,with no resulting fee adjustment to the Architect,unless suspension extends for more than twelve(12)months, in which case the Architect's compensation shall be equitably adjusted when the Project is resumed to provide for expenses incurred in the interruption and resumption of the Architect's services. The Architect shall have no cause for termination of this Agreement based upon suspension of the Project unless the suspension extends for more than twelve(12) months. ARTICLE 12 MISCELLANEOUS PROVISIONS 12.1. GOVERNING LAW. This Agreement shall be governed by the laws of the State of Illinois. 12.2. VENUE. Venue for any court action or proceeding shall be Middlesex County in the State of Illinois only. The Contractor, all Subcontractors, and Suppliers waive any and all jurisdictional and venue defenses. 12.3. PARTNERS, SUCCESSORS,ASSIGNS, ETC. The City and the Architect, respectively, bind themselves, their partners, successors, assigns, and legal representatives to the other party to this Agreement and to the partners, successors, assigns, and legal representative of such other party with respect to all covenants of this Agreement. 12.4. PROHIBITION AGAINST ASSIGNMENT. The Architect shall not assign, in whole or in part, its rights and obligations under the Contract Documents without prior written consent of the City, which consent may be withheld in the sole discretion of the City. An assignment without the prior written consent of the City shall not relieve the Architect of its obligations hereunder. 12.5. ENTIRE AGREEMENT. This Agreement represents the entire and integrated agreement between the City and the Architect and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement can be amended only by a written instrument signed by both the City and the Architect. 12.6. THIRD-PARTY BENEFICIARIES. Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the City or the Architect. 12.7. NOTICES AND DEMANDS. Notices and demands required by or permitted to be given hereunder shall be hand-delivered or given by registered or certified mail and shall be addressed to the parties at the addresses set forth below. Such notices and demands may be sent by facsimile transmission if such transmission is followed by hand delivery or registered or certified mail on the same day or the following business day. Notice and demands shall be deemed to have been given when delivered,or when mailed, or when transmitted by facsimile, if followed by hand delivery or registered or certified mail as provided herein. Agreement for Designer Services Page 17 Notice to the City shall be addressed to: City Manager City of Elgin 150 Dexter Court Elgin, IL 60120 Facsimile: 847-931-7075 Notice to the Architect shall be addressed to: ti Name of Architect: 064n.A.1lAilivAA46.4 4D / F L FICC► Street Address: 4- 1. 3r Cf. 7_01City/State/Zip Code: St. eln��rf;'s jL (oe fl4 Fax Number tint) 584- y 9 t.►') 12.8. WAIVER OF RIGHTS. The City's review, approval, acceptance, or payment for services under this Agreement shall not operate as a waiver of any rights under this Agreement and the Architect shall be and shall remain liable to the City for all damages incurred by the City as the result of the Architect's failure to perform in conformance with the terms and conditions of this Agreement. The rights and remedies of the City provided for under this Agreement are in addition to any other rights or remedies provided or allowed by law. 12.9. PERSONAL LIABILITY. No member, officer, director, trustee, representative, consultant, volunteer participant,or employee of the City shall be personally liable to the Architect under any term or provision of this Agreement for the City's payment obligation or otherwise, or because of any breach hereof. 12.10. INDEMNIFICATION. To the fullest extent permitted by law, Architect agrees to and shall indemnify and defend and hold harmless the City,its officers,employees,agents,boards and commissions from and against all claims,costs and liability arising out of the Architects services hereunder,to the extent that such claims,costs and liability are the result of the negligent acts,errors or omissions of the Architect, or breaches by the Architect of its obligations hereunder or are claimed to be the result thereof, including, but not limited to, negligent act,errors or omissions of employees or agents of the Architect 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. 12.11. ARCHITECT'S PRINCIPALS AND SENIOR PERSONNEL. The City is relying on the continued participation in the Project of the principals and senior personnel whose names and time commitments and, where applicable, Illinois professional registration numbers are listed in the attached APPENDIX F. The Architect shall not remove any such individual from the Project or reduce his or her time commitment to the Project without the City's written consent unless such individual dies, becomes disabled, or terminates his or her employment. The replacement of any individual listed in APPENDIX F shall be subject to the City's written approval. 12.12 USE OF PROJECT-RELATED DOCUMENTS. The Architect may, upon prior written consent of the City, include representations of the design of the Project, including photographs of the exterior and interior, among the Architect's promotional and professional materials. The Architect's materials shall not include the City's confidential or proprietary information if the City has previously advised the Architect in writing of the specific information considered by the City to be confidential or proprietary. The City shall provide professional credit for the Architect on the construction sign for the Project. The City considers all information concerning the Project to be confidential and proprietary unless otherwise expressly indicated in writing to the Architect. Agreement for Designer Services Page 18 12.13 BREACH OF CONTRACT. If either party violates or breaches any material 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. 12.14 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. 12.15 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. 12.16 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. 12.17 NEWS RELEASES. The Architect may not issue any news releases without prior approval from the City, nor will the Architect make public proposals developed under this Agreement without prior written approval from the City prior to said documentation becoming matters of public record. 12.18 COOPERATION WITH OTHER CONSULTANTS. The Architect shall cooperate with any other consultants in the City's employ or any work associated with the Project. 12.19 INTERFERENCE WITH PUBLIC CONTRACTING. The Architect certifies hereby that it is not barred from bidding on this Agreement as a result of a violation of 720 ILCS 5/33E et seq. or any similar state or federal statute regarding bid rigging. 12.20 SEXUAL HARASSMENT. As a condition of this Agreement, the Architect shall have written sexual harassment policies that include, at a minimum, the following information: A. the illegality of sexual harassment; B. the definition of sexual harassment under state law; C. a description of sexual harassment, utilizing examples; D. the vendor's internal complaint process including penalties; E. the legal recourse, investigative and complaint process available through the Illinois Department of Human Rights, and the Illinois Human Rights Commission; Agreement for Designer Services Page 19 • So 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. CITY OF ELGIN ARCHITECTT, City Ma ager Signature Agreement for Designer Services Page 20 I ' APPENDIX A CITY OF ELGIN Parks and Recreation Department 31 South Grove Avenue Elgin, Illinois 60120-5555 REQUEST FOR PROPOSAL HAWTHORN HILL NATURE CENTER FACILITY Issued: August 30, 2002 Jim Bell Superintendent of Parks SECTION 1.0 INTRODUCTION 1.1 Purpose of Request The City of Elgin is seeking proposals from architectural firms with experience in the areas of post and beam / log cabin type structures to design and manage the construction of an approximately 6,000 square foot Nature Center. 1.2 Background Originally a Girl Scout Camp, the Hawthorn Hill Park site was purchased by the City of Elgin in 1975 with the assistance of an Illinois Department of Conservation LAWCON, Land and Water Conservation, grant. This grant stipulated that the site must be maintained in perpetuity for public outdoor recreation. In the spring of 2001, several open forum meetings were held to obtain input from the community as to the project's direction and impact upon the surrounding residential area. Parks and Recreation Department Staff also toured several nature centers in the Northern Illinois region to come up with a site development program which would satisfy the public and also fit within the guidelines of the 2001 Parks and Recreation Master Plan. These meetings and research led to the creation of a Preliminary Master Plan for the site. This plan was used to apply for an OSLAD, (Open Space Land Acquisition and Development), grant from the Illinois Department of Natural Resources, which was awarded in 2002. 1.3 Project This project will consist of integrating a "rustic" log cabin style facility within the densely forested Hawthorn Hill Park site. Park and Recreation Staff have concurred that interior post and beam construction methods should be utilized to create a central `great room' within the building which overlooks the existing ponds. Aside from the aesthetic factors, the facility should also function as an education and recreation center and be ADA accessible. It is anticipated that the project will consist of three phases: • Phase 1 -Budget Development, Preliminary Planning and Design • Phase 2 - Construction and Bid Documents, Award Contract • Phase 3 - Construction Management Further information on the project scope is contained in Section 2.0. s. 1.4 Professional Services Required The professional services required for this project include all architectural, structural and civil engineering services needed to design, bid and manage construction of the Nature Center. The selected consultant must provide all services necessary to meet the goals and objectives of the project and comply with the proposed schedules as outlined by City staff. 1.5 City Contact Jim Bell, Superintendent of Parks 31 South Grove Avenue Elgin, Illinois 60120-5555 (847) 931-6124 1.6 Receipt of Statement Deadline Six, (6), copies of Request for Proposal Responses must be submitted no later than 11:00 a.m., September 20, 2002 addressed to: Gail Cohen, Purchasing Director City of Elgin Purchasing Department 150 Dexter Court Elgin, Illinois 60120-5555 (847) 931-5607 Please reference "Request for Proposal —Hawthorne Hills Nature Center" on the outside of the envelope. 1.7 Proposal Submittal and Contract Award Schedule August 30, 2002 Request for Proposal Advertised September 20, 2002 Proposal Response Submittal Deadline September 27, 2002 Invitations for Proposal Presentations Issued October 9, 2002 Proposal Presentations October 11, 2002 Firm Selected November 13, 2002 Contract Awarded November 14, 2002 Notice to Proceed The above schedule is a guide only and subject to amendment by City staff as conditions demand. SECTION 2.0 SCOPE OF PROJECT 2.1 Phase I: Projected Completion Date-January 31, 2003 1) Review the existing information concerning the proposed site and the concepts for its use. This information includes, but is not limited to, the 2001 Parks and Recreation Master Plan, the 2001 OSLAD Grant application, recorded deeds, easements, covenants, etc. and information from staff. The Department staff has also completed a Comprehensive Existing Plant Inventory and a Preliminary Master Plan for the site. Notes, photographs and drawings will be available from those two efforts. 2) Prepare a digital site survey of the project site to be utilized as a base map. 3) To develop a conceptual site plan and building layout. The Nature Center shall be approximately 6,000 square feet in size and utilize post and beam construction methods. The exterior shall be of a"rustic"/log cabin appearance. 4) The Nature Center design should incorporate the following elements: office space/loft area, restroom facilities, kitchen, class room(s), display area(s), bunk room(s), outdoor deck, work shop/storage space and all related utilities and mechanical systems. All facilities shall be ADA compliant. 5) Establish a construction budget that is within the funding limitations of the project budget. 2.2 Phase II: Projected Completion Date-March 1, 2003 1) Final Nature Center design utilizing staff input in response to the Phase I conceptual drawings. 2) Compile bid documents and construction drawings. 3) To work with staff in construction bid procedures. Bidding will be coordinated through the City Purchasing Department. 2.3 Phase III: Projected Completion Date-September 30, 2003 1) To manage construction of facility and all related site work and oversee contractors as awarded through bidding process. The above Phase schedule and Completion dates are preliminary and subject to amendment by City staff as conditions demand. R• , SECTION 3.0 REQUIRED STATEMENT CONTENT 3.1 General 1) All questions regarding the statement or its submittal must be directed to Jim Bell, Superintendent of Parks 2) Six copies of the proposal are required. 3.2 Narrative The statement of proposal should include the following: 1) Firm Information a. Number of years your organization has been in business under its present business name. b. Business and professional Illinois license numbers and expiration dates, telephone numbers and addresses. c. Professional history of the firm and principals including their association with other firms. d. List of your firm's current workload including the scope, size, dollar volume and schedule of work currently on hand. e. List of outside consultants retained by the firm on a regular basis. f. List of any projects awarded to you that you failed to complete and explain when, where, and why. g. Include a corporate brochure or other materials to supplement your firm's written qualifications. 2) Firm Qualifications a. An overview of firm's experience in the last 10 years including project names, dates constructed, client names and contact information and project budgets. b. List specific projects undertaken for municipal clients which are similar in scope to this project. For each project, list owner's name, address, telephone number, and a contact person for reference checks. For each project, please show original cost estimates and final cost. c. List specific projects undertaken which involve the design and construction management of Post and Beam construction methods and log exteriors. For each project, list owner's name, address, telephone number, and a contact person for reference checks. For each project, please show original cost estimates and final cost. d. Explain what you feel distinguishes your firm from others in the field and what makes your firm a good candidate for this particular project. 3.2 Narrative (Continued) 3) Personnel Qualifications a. Names, education and experience of the members of the firm to be associated with the project. Clearly identify the role each member will play. A detailed resume for each demonstrating their qualifications to fill that role should be included. b. Identification of project manager with a detailed resume describing educational background and past project management experience. Project description, level of involvement and performance related to cost control and ability to meet schedules should be emphasized. 3.3 Miscellaneous Information 1) The City of Elgin reserves the right to accept or reject, either in whole or in part, any and all submittals in response to this request, with or without cause, and to waive informalities in any submittals which are in the best interest of the City. 2) Response Material Ownership. All material submitted regarding this RFQ becomes the property of the City of Elgin and will be returned to the consultant at the City's option. Responses may be reviewed by any person after the final selection has been made. The City of Elgin has the right to use any or all ideas presented in reply to this request. Disqualification of a consultant does not eliminate this right. 3) Incurring Cost. The City of Elgin is not liable for any cost incurred by consultants prior to issuance of a written agreement, contract of purchase order. 4) Reference Checks. The City of Elgin reserves the right to contact any reference or any client listed in the documents for information which may be helpful to the City of Elgin in evaluating the consultant's performance on previous assignments or projects. SECTION 4.0 PROCUREMENT OF PROFESSIONAL SERVICES 4.1 Qualification Process The selection process begins with the identification of qualified firms. A public notice is published for a Request for Proposal from firms interested in participating in this project. 4.2 Proposal Evaluation Each firm's response to our Request for Proposal shall be evaluated with respect to the criteria outlined in Section 3.0 by utilization of the following scoring system: 1) Project Manager Qualifications The level of knowledge and pertinent experience of the project manager assigned to the project. Points: 0 - 25 2) Project Team Qualifications The level of knowledge and pertinent experience of the staff the firm assigns and commits to the project. If sub-consultants are used, their staffs will be included in this evaluation. Points: 0 - 25 3) Firm Experience The firm's record of pertinent experience as demonstrated by successful completion of similar projects. If sub-consultants are used, these firms will be included in this evaluation. Points: 0 - 20 4) References Points: 0 - 15 5) Familiarity With Conditions Familiarity of the firm with local conditions affecting the project and a record of the firm's ability to work with municipalities and other agencies that may be involved in the project. Points: 0— 15 4.3 Proposal Presentations Based on the evaluation of the Request for Proposal, a selection shall be made of the three to five most qualified firms. Those firms will then be provided an invitation to a Formal Proposal Presentation to City staff. The Proposal Presentation will consist of a 30-60 minute presentation, and should provide staff a more detailed description of the firm's design approach and intended allocation of resources for the project. • yr APPENDIX B 1.4 Professional Services Required The professional services required for this project include all architectural, structural and civil engineering services needed to design, bid and manage construction of the Nature Center. The selected consultant must provide all services necessary to meet the goals and objectives of the project and comply with the proposed schedules as outlined by City staff. 1.5 City Contact Jim Bell, Superintendent of Parks 31 South Grove Avenue Elgin, Illinois 60120-5555 (847) 931-6124 1.6 Receipt of Statement Deadline Six, (6), copies of Request for Proposal Responses must be submitted no later than 11:00 a.m., September 20, 2002 addressed to: Gail Cohen, Purchasing Director City of Elgin Purchasing Department 150 Dexter Court Elgin, Illinois 60120-5555 (847) 931-5607 Please reference "Request for Proposal —Hawthorne Hills Nature Center" on the outside of the envelope. 1.7 Proposal Submittal and Contract Award Schedule August 30, 2002 Request for Proposal Advertised September 20, 2002 Proposal Response Submittal Deadline September 27, 2002 Invitations for Proposal Presentations Issued October 9, 2002 Proposal Presentations October 11, 2002 Firm Selected November 13, 2002 Contract Awarded November 14, 2002 Notice to Proceed The above schedule is a guide only and subject to amendment by City staff as conditions demand. a , SECTION 2.0 SCOPE OF PROJECT 2.1 Phase I: Projected Completion Date-January 31, 2003 1) Review the existing information concerning the proposed site and the concepts for its use. This information includes, but is not limited to, the 2001 Parks and Recreation Master Plan, the 2001 OSLAD Grant application, recorded deeds, easements, covenants, etc. and information from staff. The Department staff has also completed a Comprehensive Existing Plant Inventory and a Preliminary Master Plan for the site. Notes, photographs and drawings will be available from those two efforts. 2) Prepare a digital site survey of the project site to be utilized as a base map. 3) To develop a conceptual site plan and building layout. The Nature Center shall be approximately 6,000 square feet in size and utilize post and beam construction methods. The exterior shall be of a "rustic"/ log cabin appearance. 4) The Nature Center design should incorporate the following elements: office space/loft area, restroom facilities, kitchen, class room(s), display area(s), bunk room(s), outdoor deck, work shop/storage space and all related utilities and mechanical systems. All facilities shall be ADA compliant. 5) Establish a construction budget that is within the funding limitations of the project budget. 2.2 Phase II: Projected Completion Date-March 1, 2003 1) Final Nature Center design utilizing staff input in response to the Phase I conceptual drawings. 2) Compile bid documents and construction drawings. 3) To work with staff in construction bid procedures. Bidding will be coordinated through the City Purchasing Department. 2.3 Phase III: Projected Completion Date-September 30, 2003 1) To manage construction of facility and all related site work and oversee contractors as awarded through bidding process. The above Phase schedule and Completion dates are preliminary and subject to amendment by City staff as conditions demand. 10/02/16 SUN 03:32 FAX WVVJ • APPENDIX C . .. ,`.,` AND ERSON :M.11H�;A>REEY �:P•R..1OE' A..RCHITECTS Part B. Fee I 2.1 Phase 1 • I.)&2}' Aerial Photogrpahy;Topographical Mapping;Plat of Survey;Horizontal and Vertical Coordinates(2( points);Topographical Survey(1 foot contours)for 60' width of Brookside Drive Corridor. Cost: $16, 750.00 Pond Survey $5000.00 3.)&4.) Schematic Design and S to Plan Schematic Design shall include all floor plans;elevations;material notations; exterior colorations and:sections. Site plan shall include br.ilding location;drive;access;parking areas. Cost: S 14,580.00 5.) Construction Budget Cost $3800.00 Total Phase 1 $40,130.00 2.2 Phase 2 I.) Design Development Phiuse to include MEP Systems; Structural Systems; Product Selection;Material Selection. Cost: $12,030,00 2,) A.) Construction Document Phase—Architectural;MEP;Structural. Cost: $31,715.00 B.) Construction Document Phase—Civil Engineering Cost: :611,950.00 2.) Bid&Negotiation Phase Cost: 32645.00 Total Phase 2: $58,340.00 2.3 Phase 3 la.) Construction Managemet Cost: S7935.00 lb.) Cost: MEP $2340.00 lc.) Construction Managemer t: Civil-Permitting Cost: 51200.00 Total Phase 3: $11,475.00 "WE RECOMMEND SOIL TESTING&WETLAND LOCATION(BIOLOGIST)BE CONTRACTED SEPARATELY BY THE CITY OF ELGIN. 440 S. Third Street, Suite 201,St.Charles, IL 60174 p 630.443.9189 f 630.584.4947 amarch®foxvalley.net wvuz 10/02/16 SUN 03:32 FAX 4 APPENDIX D f' f:. 11NO*R N . H=A :F: 'r : ! pg. ARCHITECTS • • FEE SCHEDULE: PRINCIPAL $95.00/HR ARCHITECT: $85.00/HR COMPUTER TECHNICIAN: $65.00/HR ADMINISTRATIVE: $30.001 HR APPENDIX E CERTIFICATES OF INSURANCE AND ADDITIONAL INSURANCE REQUIREMENTS Agreement for Designer Services Page 23 APPENDIX F ILLINOIS PROFESSIONAL REGISTRATION NUMBERS AND EXPIRATION DATES NAME REGISTRATION NUMBER EXPIRATION DATES c=. -6N A. Ne.vekVe 001- Drscts'-1 t00/0-2- (r) f\Mudoon ku0,340,siv Agreement for Designer Services Page 25 SAGIF r 11itz11o2 1:A7PM EUCLIICAN LIB M4L vIC(L311a➢MLi I rrA, ALM L)GttU1tirl.i PAGE 1 'AGQPf CFP ! IPI BATF OF LIPARI! I 'Ng' IRdd('p I DATE(MM�DOjY1f1 j lit �.Gi t7t PRODUCER { THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Fasa`I3r? ?n air nr•La• sar�zir cz, ?n.^ ! t Y A�1_D CONFERS NO RIGHTS UPON TH.E CERTIFICATE 977 Oaklawn Avenue } HOLDER. THIS CERTIFICATE DOE, Nii' Aitaru, f.XTEivir. OR ALTER THE COVERAGE AFFORDED BY THE POLICIES mow. Elmhurst, IL 60126 '630 833-1000 I INSURERS APPLA unau4.4Jrt AL,c .INSURED l mute ,.=Q,:Tran.gcc ntiIrtenta.l Tnau.ra.nce Compact__ !Anderson Mahaffey Price Architects INSURERe:Valley Forge Insurance Company 440 South Third Street INSURER G:Lambe rmens Mutual Casualty Compan 'St. Charles, IT 60174 i ot_- is, INSURER D COVERAGES . INSURER E THE POLICIES OF INSURANCE LISTS BELOW HAVE BEEN ISSUED TO THE NS'UAED NAMED ABOVE FOR THE POLICY P5100 P- NDICATENOTWITHSTANDINGNOTWITHSTANDG k!S'+':T�l,ax-►a-.JT ! !v=" .^1�,.rt! ,`a"< -". AMY r..".T5 AnT M. »" ('PA=^ VI!..='... WM '- '.:.--::'... ..-! .4' ;'.rr�.Yrr„,INDICATED; w., :, I INSURANCE PERTAIN, THE SURANCE AFFORDED BY THE POIJCIES DESS HEREINIS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. ACT€LIMITS SHON14 MAY HAVE BEEN MUM BY PAID caws. Imsk! '>•"SLICYtom'=LCTVE VoLICYESPIRAToN I 4LTR TYPEOFiNSURANCE POLILYNiiiiB DATEtMM/4D1YY1 DATEIMY/DDIYYI Lifiilia A sENatALLTIASIUTr 2026422298 109/22/00 09/22/03 IF-AGflOUGURENCE is1,00fl,flflfl X VN NES:M LJ 3i lRfir. iLTi -liVENOAGE:A:1y m iic%I-x.10 L' LVV I CLAIMSMADE X OCCURI I IMED OLP:Anyow9w sa3 1310,000 t r.117., -ifi. IRR is 000 000 l Ii I 'GENERALAGGREGATE �S?f 000,400 ff p �G�'LAi SATE LIMITAPR!! PER: I IpNofJ.ICTc-cDgAppjp gUS n2,00-Q a 000 POLICY X PRO- JECT I 1 LOC - -- --- -- --- A AUTOMOBILE LIABILITY 2026422298 09/22/0009/22/03 co...,.,,, ,,,,,-,:E ._ te• ANYAUTO I (Eaacmdenq 1$1,000,0°0 r-1 ALL OWNED AUTOS ! i BODILY INJURY I. SCHEDULED AUTOS I ( 1 (Pat Per son) - X HIRED AUTOS 0ODILI'INJURY I X I NON-OWNED AUTOS prf%cadenq IS i PROPERTY DAMAGE I II-.- .:} I GARAGE VA BI LiTY AUTO ONLY-EA ACCfiDENT`$ ANY Au UI OTHER THAN U AGS 'S AUTO ONLY: Ariti S ace ss acS!JAEtin': { fi T.=::::C t,h :;RRE":CE I ri OCCUR r CLAIMS MADE AGGREGATE S j i111 3 EDEDUCTIBLE I I S RETENTION $ ! S . , B WORRIERS COMPENSATION AND EMPLOYERS'LIABILITY 1WC2067125893 11/11/02 11/11/03 X pgyLIy TS OER E.L.EACH ACCIDENT $100,000 II 1EL.DISEASE-EA EMPLOYEE]S100,000FJI I , ,EL_DISSE-POLICY LIMIT;S500,000 C viiiaArdhitects I QLO1735000 105/29/01105/29/04 $1,000,000 each claim/l nd Engineers I i annual aggregate raf.. Liability ( ( 1 DESCRIPTION OF oPERATsoNs/uOGATioNs fYEHICLES=EtcLusioNS ADDED BY stDOBSEU ENTTSPEciAL PBOYts IONS Professional Tiability is written on a 'claims made' policy form. TheCity of Elgin is added as an additonal insured on a primary basis with respects to General Liability only. 1 CERTIFICATE HOLDER ADDMoNALINSURED:INSURERLETTER _ CANCHLATI N ISHOULDANYOFTMR4ROYFOFS-MIREDPOLIOFSBECANCELLEDBEFORETHEEXPIRAT1ON I 'City of Elgin DATE THERBOF,THE ISSUING INSURER WILL EIIDEAVORTOMAIL 10 DAYSWRI7TEN 150 Dexter Court NOTIGETOTNECERTiFICATENOLDERNAMED TOTHELEKBUT FAILURE R)OOSOSHALL Elgin, IL 60120 IYPOSENOOBLIGATION ORLIABILITY OFANYKINDUPON THE INSURER,ITSAGENTSOR ll REPRESENTATIVES. AUTHORIZE REPRESENTATIVE 1 1 1-.4 rjt. I ACORD 25-S(7197)1 of 2 #S68280/M68279 ALW 0 AcORD CORPORATION 1988