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03-327 Resolution No. 03-327 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT FOR DESIGNER SERVICES WITH FGM ARCHITECTS ENGINEERS, INC. FOR FIRE STATION 6 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David M. Dorgan, City Manager, be and is hereby authorized and directed to execute an Agreement for Designer Services on behalf of the City of Elgin with FGM Architects Engineers, Inc . for architectural services for Fire Station 6, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: December 3 , 2003 Adopted: December 3 , 2003 Omnibus Vote : Yeas : 6 Nays : 0 Recorded: December 4 , 2003 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk AGREEMENT FOR DESIGNER SERVICES BETWEEN THE CITY OF ELGIN AND THE ARCHITECT FIRE STATION 6 th tl�ot/"be-e This Agreement made on the of@eteber,2003 is between the City of ELGIN("the City"), 150 Dexter Court Elgin, IL 60120 and FGM ARCHITECTS ENGINEERS,INC.("the Architect")located at 2403 Harnish Drive, Suite 200, Algonquin IL 60102 for the services described herein and in the attached APPENDIX A, Request for Proposals("RFP")and Architect's Proposal response thereto. 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. 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 shall include the cost of labor at current prevailing wage rates established by the State of Illinois and Agreement for Designer Services Page 1 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: 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. Payment for photocopying letter or legal size documents shall not exceed 10� per page. Payment for all other documents shall be at cost. 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. Agreement for Designer Services Page 2 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 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. Agreement for Designer Services Page 3 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 as mutually agreed to by the City and the Architect for the design and administration of construction of the Project; 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 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. Agreement for Designer Services Page 4 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 review on a weekly basis the 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 that are prepared and updated by the General Contractor or the Construction Manager. The Architect shall not ensure the accuracy of the record drawings but shall inform the originator of the documents as to any errors or inaccuracies the Architect discovers in his/her review. 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 w4d 8PPF8Ye 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. 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. Agreement for Designer Services Page 5 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. Statement of Probable Construction Costs. The Architect shall submit to the City a tatement of Pro able Constru ioq Costs. /O%t es-F � e-S fW f h i V-C( rrt e e.if'y cw P4 e, fEr � f-e - 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 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. Agreement for Designer Services Page 6 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 is 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. 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 Agreement for Designer Services Page 7 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. 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 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 Agreement for Designer Services Page 8 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 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 Agreement for Designer Services Page 9 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. 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 Agreement for Designer Services Page 10 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 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, 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. 3.6.14.3.1. Decisions by the City or the Architect. In every casein 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 Agreement for Designer Services Page 11 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. ARTICLE 4 ARCHITECT'S ADDITIONAL SERVICES Agreement for Designer Services Page 12 1 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; 4.2.5. All surveys, geotechnical services, testing services, and related information and reports 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) except to the extent incorporated into the Basic Services by the Architect's proposal; Agreement for Designer Services Page 13 t 4.2.6. Providing any other services not otherwise included in this Agreement. ARTICLE 5 OTHER CONDITIONS OR SERVICES 5.1. 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 included in basic or additional services 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; however the Architect shall not be responsible for the accuracy of the findings of other parties. 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 Agreement for Designer Services Page 14 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 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 E. 8.2. RESERVED. 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 APPENDIX C. 8.5. ADDITIONAL SERVICES OF THE CONSULTANTS. For additional services of consultants, compensation shall be the actual cost billed to the Architect for such services stated in APPENDIX G. 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 Agreement for Designer Services Page 15 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 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 H. Any amendments these insurance requirements are set forth in APPENDIX H. 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. Agreement for Designer Services Page 16 10.5 The insurance for which the City is to be named as an additional 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. ARTICLE 11 TERMINATION, SUSPENSION, OR ABANDONMENT 11.1. TERMINATION. Notwithstanding any other provision hereof,the City may terminate this Agreement at anytime 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 E. 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 thereunder. 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 Agreement for Designer Services Page 17 to the parties at the addresses set forth in APPENDIX I. 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. 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 Architect's 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 J. 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 J 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. 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 Agreement for Designer Services Page 18 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; 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. Agreement for Designer Services Page 19 CITY OF ELGIN ARCHITECT avid Dorgan Sig ature City Manager V Agreement for Designer Services Page 20 CITY OF ELGIN Fire Department 550 Summit Street Elgin, Illinois 60120 REQUEST FOR PROPOSALS 03-030 New Fire Station Issued: February 24, 2003 Amended: September 30, 2003 Phase 3 — Construction Management Further information on the project scope is contained in Section 2.0. 1.4 Project Objective It is the intent of the City of Elgin to contract with an architectural/engineering firm (here after referred to as the "Firm") to provide all the necessary services to construct a fire station at 707 W. Chicago Street. The construction of the facility should focus on functionality, efficiency and high quality to the maximum extent possible within the available budget. 1.5 Professional Services Required The professional services needed for this project will include providing all architectural, mechanical, electrical, electronic, structural and civil engineering services needed to design, bid and construct the subject project. The selected Firm must provide all services necessary to meet the goals and the objectives of the project. Further information on the services that the City anticipates will be needed for this project is contained in Section 3.0. 1.6 City Contact Attn: Office of the Fire Chief Elgin Fire Department 550 Summit Street Elgin, IL 60120 (847) 931-6183 1.7 Receipt of Proposal Deadline The deadline for receipt of proposals is March 31, 2003 at 11:00 a.m. in the Purchasing Department office at Elgin City Hall, 150 Dexter Ct., Elgin, IL 60120 1.8 Proposal Schedule February 24, 2003 Firms Issued the RFP March 10, 2003 All interested Firms Tour Building Site Individually with City Staff During this Week March 17, 2003 Question and Answer Sessions Held With Proposing Firms Fire Station 2, 650 Big Timber, Elgin at 9.00am March 31, 2003 Written Proposals Must be Submitted by 11:00 a.m. in the Purchasing Department Office at City Hall, 150 Dexter Court 3 crews of emergency response personnel. Some administrative offices would also be included as well as a professionally equipped and structured training room. The seGORd design is different from the first in the size and operatieRal SGOpe ef the building. IR additieR, the SeGGRd design should be SUGh that it has- the ability to be added ente the first design. d. Establish a facility construction budget that is within the funding limitations of the project budget. The pmpesed budget should ref!eGt the two different de *- outlined in seGtiOR 2.1, phase 1. This hve paFt budget propesal should Glearly be e. Establish building operating plan and annual expense budget. 2_2 Phase II a. Finalize facility design based on the final Phase I concept. b. Compile bid documents and construction drawings. C. Work with staff in construction bid procedures. The bidding process will be coordinated through the City Purchasing Department. 2_3 Phase III Manage construction of facility and oversee contractors as awarded through bidding process. The project management shall be a "Turn Key" operation with the site turned over to the City after completion. 3.0 SCOPE OF SERVICES 3.1 The City to Provide The firm selected to do the project will be provided with the following: a. Notes and pictures from staff discussions and site visits for features/equipment needed in a new fire station. b. Staff contact, as needed, to facilitate the project. 5 2. The selection and specification of all needed wall coverings, floor coverings, cabinetry, furniture, fixtures and equipment. 3. The construction/installation of all needed walls, structures, floors, access points, pavements, utilities and items from #1 and #2. 4. The specification and installation of all electrical/electronic equipment and related software needed for security, access control, communications, computer networks and HVAC control systems. 5. The specification and installation of all vegetation, pavements, sidewalks and related exterior improvements needed for the site. C. Produce construction drawings and specifications of the facility final design. Submit two (2) intermediate sets to the city staff for review at the 50 percent completion point and the 90 percent completion point. d. Finalize the detailed facility design based on the input from the City staff. e. Provide final construction drawings and bid documents to the City's Purchasing Department to bid the project. f. Review submitted bids with City staff to select contractor(s). Phase 3 — Construction Management a. Meet with staff to establish the process for conducting the construction management phase. Include one (1) meeting. b. Oversee the work of all contractors and manage the project schedule to final completion. Provide consistent and timely on-site inspection as required to insure work quality and plan and specification compliance. C. Serve as a representative of the City during this phase and advise and assist the owner throughout construction. d. Visit the site as often as mutually agreed upon to review the progress and quality of work in accordance with the contract documents. e. Assist in keeping the City advised on the progress and quality of work. f. Determine the amounts owed to the Contractor as the work progresses and certify progress payments. g. Review and take appropriate action on Contractor's submittal of appropriate drawings, samples, etc. as they relate to the design concepts. 7 b. Identification of the project team with a clear description of the role each member will serve. A limited resume should be included for each member that describes only their most relevant project experience. If sub-consultants are proposed, this information must be provided for team members from their staff as well. C. A detailed scope of services. Although the City in this RFP attempts to identify the services required, this should not constrain the Firm in the development of a scope they believe is necessary to meet the City's objectives. The City will be receptive to alternative scopes of service. The scope must demonstrate the Firm's understanding of the project's objectives, priorities and challenges and their plan to address them through the proposed project management approach. d. A project schedule that identifies important milestones and decision points for each work task. A histogram (personnel loading) should accompany the schedule identifying man-hours by personnel class and work tasks over time. e. Information on the utilization of available technology by the Firm to accurately and efficiently accomplish the project. f. Other relevant material as needed to exhibit the Firm's ability to perform the work, and to, provide adequate information to the City to evaluate the proposal. 4.3 Written Proposal — Part B Fee This part of the proposal shall be sealed and separate from Part A. It will include the Firm's detailed cost estimate to finish the services detailed in their proposal. Also enclosed should be a balance sheet audit report to verify financial capabilities and a certified calculation of general and administrative overhead. Costs for the requested services should be broken down by phases as follows: Phase 1 Lump sum figure Phase 2 Percentage of completed project cost with not to exceed Phase 3 Percentage of completed project cost with not to exceed Part B will not be used in the evaluation of proposals leading to the selection of the top candidate and will not be opened until evaluations have been completed. The fee proposal will be used as the basis for negotiations leading to final contractual scope-of- services and contract fee. Should the evaluation process not result in a clear choice as to the top rated Firm, the fee proposal will be used to assist the selection committee in determining its final recommendation. 9 5.0 PROCUREMENT OF PROFESSIONAL SERVICES 5.1 Proposal Evaluation and Final Selection Upon receipt of each Firm's two-part written proposal and of a presentation on the Firm's proposal by the project team, Part A of the written proposal and the presentation shall be evaluated based on the following criteria: a. Project Manager Qualifications The education and experience background of the project manager assigned to the project. Points: 0 - 10 b. Project Team Qualifications The level of knowledge and pertinent experience of the staff the Firm assigns and commits to the project. Points: 0 — 10 C. Scope of Services Proposed The degree the Firm's proposed scope of services addresses the project's goal and objectives and clearly demonstrates the Firm's understanding of the priorities and special conditions of the specific project. Points: 0—40 d. Presentation Quality The level of confidence, knowledge and project familiarity demonstrated by the project team during the proposal presentation as well as their ability to answer questions clearly and succinctly. Points: 0 — 30 e. Schedule/Level of Effort 11 The Department shall reimburse the firm as may be necessary to complete the requirements of this assignment as set forth in the agreement between the parties. The firm shall submit to the Fire Department a certified invoice on a monthly basis. The Fire Department will review the invoice to insure that all charges are proper and supported by the Firm's Project Progress Report attached thereto before authorizing payment to them. 13 r .+. BELLEVILLE November 13, 2003 CHICAGO MCHENRY COUNTY MT.VERNON Gail Cohen OAK PEORIA BROOK City of Elgin — Purchasing Department PEO Elgin City Hall 150 Dexter Court Elgin, IL 60120 Re: New Fire Station No. 6 Updated Fee Proposal FGM Project#: 03-0112.01 F G M Dear Gail: Please find the updated fee proposal below based on the most recent square ARCHITECTS ' ENGINEERS footage numbers and the goal that the total project cost is to be in the range of $2,000,000.00. We have attached the most recent cost estimate dated November 10, 2003 that has been determined acceptable to the City of Elgin and on which FGM will precede. Based on those figures the fees for the contract are as follows: Phase 1 $14,000 lump sum. Phase 11 $116,625 or 8% of cost of completed project, whichever is less. Phase III $38,875 or 8% of cost of completed project, whichever is less. However, if during the design phase should the scope of the project change significantly, FGM reserves the right to re-evaluate the figures listed above. A 3D rendering is still highly recommended for the community forum at an additional fee of$3,000. Should you have any questions or concerns regarding this matter please do not hesitate to contact me. Sincerely, FGM Architects Engineers Inc. 4n"t 40.0 DA" FGM INC. Mary Ann O'Hara 2403 HARNISH DRIVE Vice-President SUITE 200 ALGONQUIN, IL 60102-6845 Cc: Mike Falese-City of Elgin Fire Department 847-458-0890 Femi Folarin-City of Elgin 847-458-0894 FAx WWW.FGM-INC.COM S:Vobc12003103-0 112e\ContmcACohm Icaa 11.13-03 revised fa 03. 0012.0l.doc\.11/13/03@1 1:29(l) November 10, 2003 BELLEVILLE CHICAGO Probable Project Cost— City of Elgin Fire Station No. 6 MCHENRY COUNTY MT.VERNON Following is the estimated probable project cost for a New Central Fire OAK BROOK Station No. 6 with the proposed square footage anticipated. PEORIA RANGE DESCRIPTION S. F. COST/S. F. LOW HIGH Ground Level 10,708 $140-$160 $1,499,120 $1,713,280 Mezzanine 500 $80-$100 $40,000 $50,000 TOTAL S.F. 11,208 741to- F V M Subtotal $1,539,120 $1,763,280 I 5% Design Contingency $76,956 $88,164 ARCHITECTS " ENGINEERS Design Subtotal $1,616,076 $1,851,444 5%Construction Contingency $80,804 $92,572 Phase I -Architect/Engineers Fee 7$14,00(0 $14,000 Phase 11&111 8%Arch itect/Engineers Fee $135,750 $155,521 .50/co Legal, Survey, Soil Fees 1 $8,4841 $9,720 FFE-5% of hard construction total $84,844 $97,201 Notes Regarding The Probable Project Cost(Estimate) 1. This probable project cost is based on information obtained from and discussed with the City of Elgin through October 2003. 2. This estimate assumes normal market conditions. 3. This estimate assumes three or more qualified Sub-Contractors competitively bidding each trade on this project, or five or more qualified general contractors competitively bidding this project 4. This estimate assumes one contract awarded to one Construction Manager or one General Contractor. 5. The anticipated cost of Owner Furnished Furniture, Fixtures, and FGM, Equipment (FFE) (with 0% design) includes appliances, voice, video, INC. data, communications, computers, radio antenna, extractor, and 24403 03 HARNISFi DRIVE furniture. SUITE 200 ALGONQUIN, IL 60102-6845 6. This estimate presumes that the site is flat and with relatively normal site 847-458-0890 conditions. 847-458-0894 FAx WWW.FGM-INC.COM This estimate excludes: 1. Moving expense. 2. Land Acquisition Costs. 3. Premium costs for work done in phases, out of sequence, out of normal working hours. 4. Hazardous material removal. 5. Foundation obstructions. 6. Traffic Signalization Costs. 1 I iF M 7. Environmental Costs which are unknown at this time. ARCHITECTS • ENGINEERS g, Extraordinary Site Development Costs. 9. Demolition of Any Existing Buildings and Structures. 10. Escalation to actual midpoint of construction. Contingencies can tolerate costs thru 2004. This estimate is based on preliminary information available at this time. The scope of this estimate should be reviewed to insure that our interpretation of the information is correct This estimate should be updated as the design evolves and is completed. This cost estimate represents our opinion of probable construction cost for this project We have exercised due professional diligence in the preparation of this estimate. Since we have no control over final material selection, bidding strategies, and market conditions, no guarantee is given or implied with this estimate. REQUEST FOR PROPOSALS APPENDIX B SCHEDULE OF PERFORMANCE OF THE ARCHITECT Agreement for Designer Services Page 22 APPENDIX C COMPENSATION FOR ADDITIONAL SERVICES Out-of-Court In Court Witness Fee $ $ �� ydYldie►^ nq ��$ A ✓) ofdi.)Yma.� �� �► x e � Fc.� c� -F � 3000 •o o . Sur, c,` PT sGt � �j � e a. � e ad `fi�on y � Agreement for Designer Services Page 23 APPENDIX E COMPENSATION FOR BASIC SERVICES Phase 1 $14,000 lump sum 759/o o� Phase II $ �1�P ,�o of s or 8%of cost of completed project,whichever is less 2S% Phase III $ 8 815 or 8%of cost of completed project,whichever is less Prices include all reimbursable expenses and subconsultants. Agreement for Designer Services Page 25 BELLEVILLE FGM Hourly Rate Schedule CHICAGO MCHENRY COUNTY MT.VERNON OAK BROOK PEORIA November 1. 202 Standard multiplier: 3.25 times direct labor The following hourly rates shall apply from November 1, 2002 through October 31, 2003. Principal $165 / hr. O4F FGM ARCHITECTS • ENGINEERS Design/Technical Director $145 / hr Sr. Project Manager $125 / hr. Project Manager $105 / hr. Architect III $ 98/ hr. Architect II $ 88/hr. Architect 1 $ 78/ hr. Architectural Intern III $ 86/ hr. Architectural Intern II $ 76/ hr. Architectural Intern 1 $ 66 / hr. Architectural Student Intern $ 56/ hr. Chief Engineer $150/ hr. Senior Project Engineer $140/ hr. Project Engineer $105 / hr. Design Engineer $ 80/ hr. Engineering Designer $ 70/ hr. Engineering Student Intern $ 60/ hr. Sr. Construction Administrator $125/ hr. Construction Administrator $ 85 / hr. Project Administrator III $ 74/ hr. Project Administrator II $ 58/ hr. Project Administrator 1 $ 52 / hr. Office Assistant $ 46/ hr. FGM, INC. 2403 HARNISH DRIVE SUITE 200 ALGONQUIN, IL 60102-6845 847-458-0890 847-458-0894 FAX WWW.FGM-INC.COM FGM-Nov.1 2002(Rev. 11.1.02)Hourly Rate Schedule.doc W-T Mechanical / Electrical . Engineering, LLC 39 E.SCULLY DRIVE SCHAUMBURG, ILLINOIS 60193 (847)895-3640 FAX(847)895-9985 MECHANICAL/ ELECTRICAL 2003 RATE SCHEDULE Principal $125.00 / hour President $115.00 / hour Project Manager $100.00 / hour Project Engineer $ 90.00 / hour Project Designer $ 75.00 / hour Cad Technician $ 60.00 / hour Administrative $ 50.00 / hour R. 1. Johnson.& Associates, Ltd. Affichment B Hourly Rates Principal 3120 Associate $100 Senior Preje t Engineer 490 Project En'g'aaeer $ 80. Senior.Structural Engineer $80 Stiudural-Erbg"meer $65 Senior CAD Operator $60 CAD Operator $:55 Clerical' $30 Hourly rates are as follows: Principal $125.00 Project Manager 11 $100,00 Project hngineer IT $90.00 Design Engineer TV $90.00 Design Engineer 11I $80.00 "Technician $65.00 Administration $55.00 These hourly rates are cflcctivc tluougli December 31, 2003 and are subject to an annual increase thereafter. We appreciate this opportunity to continue to work with you. If you have any questions, please don't hesitate to call us. Very truly yours, ERIK,SSON ENGINEERING ASSOCIATES, LTD. Kevin Camino, P.F. Senior Project Manager i 14S CtJMMFNCr DGlvr_ SUITV A I1WOYn1 nbcc. 1i i ir.rni a Ann-an APPENDIX G COMPENSATION FOR ADDITIONAL SERVICES OF CONSULTANTS Agreement for Designer Services Page 27 APPENDIX H CERTIFICATES OF INSURANCE AND ADDITIONAL INSURANCE REQUIREMENTS Agreement for Designer Services Page 28 119;04 M. U. WtLbtL ANU A55UUi I t5 (rHX) I d4(41;�I b I:J K 002101&� AcoRO. CERTIFICATE OF LUB R rry INSURANCE OP D DATE lW4VDiYYV1) PRODUCER FQMIN-1 11/18/03 M-0- melbel & Associates, Inc. CL�RTIFICAIE15SSUEDA,SAMATIFROFINFORMAT1pN Michael Welbel ONLY AND CONFERS NO REDIS UPON MM Cls'RTAW4TE 633 Skokie Blvd., Suite 470 HOLDER.THIS CERMCATEDOES NOT AMEND,EXTEND OR Northbrook IL 60062 ALTER THE COVERAGE AFFORDED By POIXIES BELOW, Phoue: 847-412-1414 Pax:847-412-1013 —INSURERS M NAC# INSURGRA U.S. Fidelity & Guarant Co INS URLIRD: St. Paul Mercury Insurance o. FGM Architects * Engineers Inc INS URDRC: Continental Casual--- C 2403 Saruish Dr. Suite 200 INS D; Algonquin IL 60162 COVERAGES INS URFA ti: ANY,RFQUI IS OF INf jjRM OR CO DD ON OF ANN ONT LSS UDD 10 71 10 M URED NAMED ADOVP.FOR THE POLICY PURIOD LNDICATFD,NOTWITHSTANDING MAY PURR R.TIjB G RM OR CONDrt1DE D ANY CONTRACT OR 011'HR DOCUMENT WII'H KESP13CT TO WHICH THIS CERTIFICATE MAY RE ISS UDD OR MAY PERTAIN,THE D�URANC6 AFFORDED DYTIIP.POLICILIS DPSCRWDD NF,REDr IS SUR1tiGT TO AIL 71M TPRMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICWS,AOGRDGATE LIMITS S NO WN MAY HAVE DEDN REDUCED DY PAID CLAIMS, LTR R 71"OFWT&ANM POLXYNU[mLOt DATq DAB p MRRAL IIADXn*Y �� A X COMMERCIALGENERALuADWY BX01522619 bACIloCCURRmdcE s 1,000,000 10/01/03 10/01/04 PRGFOSPS Eaamumnee $ 500,000 CLAM MADe �OCCUrt X Primary & MPD&Xr(My one persnn) S 10 '000 X Non-Contributory PERSONALAADvD"aURY S 1,000,000 OENLACGkBOATG IAO4)'APPIMT pPR; OENDRALAGGRDGATB s 2,000,000 POIJCY 1Pf`f IBC PRODUCTS-COU�OPACG s2,000,000 AU7OMOBLLE L."I"' Val Paper 100,000 A ANYAUTO CO�Meep D+GLD LIMIT $1,000,000 ALLOWNBD AUTOS SCH6DULEDAUTOS DODILYLNIURY $ (Perpenon) • HIKED AUTOS BX01522619 10/01/03 3.0/03./o4 X NON OW NODD.YDUURY s We r accidenn PROPGRTYDAMAGP, s (Per 2eddenl) GARAGE L]ADALBY �,,1 AUTO AUTO 0 NLY-LIA ACCmGNT S oTHBR T►uN DA ACC $ AUTO ONLY: AGO S IMCC9S/IAIB1RRlLA lilBIll1Y A X OCCUR EI CLAA4S MADE BIK01522619 BACIIOCCURRGNCP. $ 2,000,000 10/01/03 10/01/04 ACGRPGATE S 2,000 r 000 DGDUCTIRLB S RVITI TION S S WORIMS COIORNSATIONAND S B 1DIB'L01RIeD IlADBDY x TORYLUMRS ER ANY PROPRIGTO"ARTNER/EXECUTIVG WVA7506057 10/01/03 10/01/04 G.LDACHACCMP.NT $ 500,000 01=PICr-iltm sm F)CCWDUD? (f yer.AL PI pe undo r D1.DIS ISAS G-PA BNTLDYFI 5 5 0 0,0 0 0 SPECIAL PROVLSIOte below Ong E.I.DISGASF,-POUCYLIMIT S 500,000 C Professional Liab AEA 114077912 10/01/03 10/01/04 Per Claim 21000,000 DDSCRW17pN OF OPRRATANS!40CATDN6 1VtQ0=/$XCLUSDNCC ADDt�D BY RNDOIC4f1'/SPECW,rROYSDN$ A e ate 3,0 0 0,0 0 0 Re: Elgin Fire Department, Project Number 03-0112.01. The City of Elgin is named as additional insured as respects GL. aL is primary and non-contributory. CER'I�]CATE BOLDER CANCELLATION CITYOFE SHOULD ANY OF TnE BOVE D1WCkIBED POLICBS DE CANCIZZ'r p,r2VORD'mg�.BGTJON City of Elgin 149m"THE ISSUNG LNsumm WIL ENDRAVOR To haw, 3 0 DAYS WRrrrEN Purchasing Dept. IIB'Ip+ICATE HOWUL NAIL TO TIM IXPr.BUT FAILURE To DO So SIULL Attn: Gail C oheu AMN OR 1,AUU �OF ANY�D UPON mm gi5URM TM AG[Nf$OR 150 Dexter Court as, Elgin IL 60120 m ACORD 25(2001/08) ACORD CORPORATION 1988 APPENDIX I NOTICES Notice to the City shall be addressed to: City Manager City of Elgin 150 Dexter Court Elgin IL 60120 Phone: 847-931-5590 Fax: 847-931-6075 Notice to the Architect shall be addressed to: CkA FGM ARCHITECTS ENGINEERS, INC. ,203 Harnish Drive, Suite 200 Algonquin IL 60102 Phone: 847458-0890 Fax: 847-458-0894 Agreement for Designer Services Page 29 APPENDIX J ILLINOIS PROFESSIONAL REGISTRATION NUMBERS/EXPIRATION DATES Of Key Personnel NAME REGISTRATION # EXPIRATION DATES -e Sa V0 !o/ao !8 1!/30/0 io�3a73 clao/ o �- Agreement for Designer Services Page 30