04-285 Resolution No. 04-285
RESOLUTION
AUTHORIZING EXECUTION OF A FIRST AMENDED AGREEMENT WITH
BERNA ARCHITECTS &DESIGN FOR ARCHITECTURAL SERVICES
UNDER THE FACADE IMPROVEMENT PROGRAM
(213 East Chicago Street)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
David M.Dorgan,City Manager,and Dolonna Mecum,City Clerk,be and are hereby authorized and
directed to execute a first amended agreement on behalf of the City of Elgin with Berna Architects&
Design for architectural services under the Facade Improvement Program for the property located at
213 East Chicago Street, a copy of which is attached hereto and made a part hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: October 27, 2004
Adopted: October 27, 2004
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
FIRST AMENDED AGREEMENT
THIS AGREEMENT is made and entered into this 7rg day of
6 GTO d C- 2- , 2004, by and between the City of Elgin, Illinois, a
municipal corporation, (hereinafter referred to as "City") and
BERNA ARCHITECTS & DESIGN, an Illinois professional corporation,
(hereinafter referred to as "ARCHITECT") .
WHEREAS, the CITY has agreed as part of its Fagade Improvement
Program to assist with improvements to the exterior of the fagade
of the building at 213 East Chicago Street, Elgin, Illinois, to
include restoring the front and rear facades of the building
(hereinafter referred to as the "PROJECT") ; and
WHEREAS, ARCHITECT has submitted a proposal to provide certain
architectural services for the requested improvements for the
PROJECT; and
WHEREAS, the ARCHITECT represents that he is in compliance with
Illinois Statutes relating to professional registration of
individuals and has the necessary expertise and experience to
furnish such services upon the terms and conditions set forth
herein below.
WHEREAS, the parties hereto have previously entered into a Fagade
Improvement Program Agreement, dated July 3, 2002 (hereinafter
referred to as "Original Agreement") ; and
WHEREAS, the parties hereto wish to amend the Original Agreement to
reflect revised costs and scope of work.
NOW, THEREFORE, in consideration of the mutual promises and
covenants contained herein, the sufficiency of which is hereby
acknowledged, the parties hereto hereby agree as follows
1 . SCOPE OF SERVICES
The ARCHITECT shall perform the services for the PROJECT
during the Schematic Design Phase, Design Development Phase,
Construction Documents Phase, Bidding or Negotiation Phase, and
Construction Monitoring Phase for improvements to the exterior
facades of the building including restoring the storefronts to
their original configuration, masonry cleaning, tuckpointing,
window and door replacement, exterior lighting, canopy treatments
and restoration of exterior architectural features . All work
hereunder shall be performed under the direction of the CITY' s
Urban Design & Preservation Specialist .
2 . WORK PRODUCTS
All work products prepared by the ARCHITECT pursuant hereto
including, but not limited too, reports, designs, calculations,
work drawings, studies, photographs, models and recommendations
shall be the property of the CITY and shall be delivered to the
CITY upon request of the CITY provided, however, that the ARCHITECT
may retain copies of such work products for its records. Such work
products are not intended or represented to be suitable for reuse
by the CITY on any extension to the PROJECT or on any other
project, and such reuse shall be at the sole risk of the CITY
without liability or legal exposure to the ARCHITECT.
3 . PAYMENTS TO ARCHITECT
A. The CITY shall pay the ARCHITECT for services provided
under this Agreement a fixed fee of $10, 985. 00, regardless of
actual time expended or actual costs incurred by the ARCHITECT.
Such fee of $10, 985. 00 includes all reimbursable expenses.
4 . INVOICES
A. The ARCHITECT shall submit invoices in a format approved
by the CITY.
B. The ARCHITECT shall maintain records showing actual time
devoted and cost incurred. The ARCHITECT shall permit the
authorized representative of the CITY to inspect and audit all data
and records of the ARCHITECT for work done under this Agreement.
The ARCHITECT shall make these records available at reasonable
times during the Agreement period, and for a year after termination
of this Agreement .
5 . TERMINATION OF AGREEMENT
Notwithstanding any other provision hereof, the CITY may
terminate this Agreement at any time upon fifteen (15) days prior
written notice to the ARCHITECT. In the event that 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 "Original Agreement . "
6. TERM
This Agreement shall become effective as of the date the
ARCHITECT is given a notice to proceed and, unless terminated for
cause or pursuant to Article 5, shall be deemed concluded on the
date the CITY determines that all of the ARCHITECT ' s work under
this Agreement is completed. A determination of completion shall
not constitute a waiver of any rights or claims which the CITY may
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have or thereafter acquire with respect to any term or provision of
the Agreement .
7 . NOTICE OF CLAIM
If the ARCHITECT wishes to make a claim for additional
compensation as a result of action taken by the CITY, the ARCHITECT
shall give written notice of his claim within fifteen (15) days
after occurrence of such action. No claim for additional
compensation shall be valid unless so made. Any changes in the
ARCHITECT' s fee shall be valid only to the extent that such changes
are included in writing signed by the CITY and the ARCHITECT.
Regardless of the decision of the CITY relative to a claim
submitted by the ARCHITECT, all work required under this Agreement
as determined by the CITY shall proceed without interruption.
8 . BREACH OF CONTRACT
If either party violates or breaches any term of this
Agreement, such violation or breach shall be deemed to constitute a
default, and the other party has the right to seek such
administrative, contractual or legal remedies as may be suitable to
the violation or breach; and, in addition, if either party, by
reason of any default, fails within fifteen (15) days after notice
thereof by the other party to comply with the conditions of the
Agreement, the other party may terminate this Agreement .
9. INDEMNIFICATION
To the fullest extent permitted by law, ARCHITECT agrees to
and shall indemnify, defend and hold harmless the CITY, its
officers, employees, agents, boards and commissions from and
against any and all claims, suits, judgments, costs, attorneys
fees, damages or other relief, including but not limited to workers
compensation claims, in any way resulting from or arising out of
negligent actions or omissions of the ARCHITECT in connection
herewith, including negligence 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. The provisions
of this paragraph shall survive any expiration and/or termination
of this Agreement .
10 . NO PERSONAL LIABILITY
No official, director, officer, agent or employee of the CITY
shall be charged personally or held contractually liable under any
term or provision of this Agreement or because of their execution,
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approval or attempted execution of this Agreement .
11 . INSURANCE
The ARCHITECT shall carry ARCHITECT' s professional liability
insurance covering claims resulting from error, omissions or
negligent acts with a combined single limit of not less than
$1, 000, 000 per occurrence . A certificate of insurance shall be
submitted to the CITY as evidence of such insurance protection.
The policy shall not be modified or terminated without thirty (30)
days prior written notice to the CITY.
12 . CONSTRUCTION MEANS, METHODS, TECHNIQUES, SEQUENCES,
PROCEDURES AND SAFETY
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 construction, unless specifically
identified in the Scope of Services .
13 . 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.
14 . ASSIGNMENT AND SUCCESSORS
This Agreement and each and every portion thereof shall be
binding upon the successors and the assigns of the parties hereto;
provided, however, that no assignment shall be made without the
prior written consent of the CITY.
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15 . DELEGATIONS AND SUBCONTRACTORS
Any assignment, delegation or subcontracting shall be subject
to all the terms, conditions and other provisions of this Agreement
and the ARCHITECT shall remain liable to the CITY with respect to
each and every item, condition and other provision hereof to the
same extent that the ARCHITECT would have been obligated if it had
done the work itself and no assignment, delegation or subcontract
had been made. Any proposed subcontractor shall require the CITY' s
advanced written approval.
16. 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.
17 . SEVERABILITY
The parties intend and agreed that, if any paragraph, sub-
paragraph, phrase, clause or other provision of this Agreement, or
any portion thereof, shall be held to be void or otherwise
unenforceable, all other portions of this Agreement shall remain in
full force and effect .
18 . HEADINGS
The headings of the several paragraphs of this Agreement are
inserted only as a matter of convenience and for reference and in
no way are they intended to define, limit or describe the scope of
intent of any provision of this Agreement, nor shall they be
construed to affect in any manner the terms and provisions hereof
or the interpretation or construction thereof.
19. 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.
20 . APPLICABLE LAW
This Agreement shall be deemed to have been made in, and shall
be construed in accordance with the laws of the State of Illinois.
Venue for the resolution of any disputes or the enforcement of any
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rights pursuant to this Agreement shall be in the Circuit Court of
Kane County, Illinois .
21 . 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.
22 . COOPERATION WITH OTHER CONSULTANTS
The ARCHITECT shall cooperate with any other consultants in
the CITY' s employ or any work associated with the PROJECT.
23. INTERFERENCE WITH PUBLIC CONTRACTING
The ARCHITECT certifies hereby that it is not barred from
bidding on this contract as a result of a violation of 720 ILCS
5/33E et seq. or any similar state or federal statute regarding bid
rigging.
24 . SEXUAL HARASSMENT
As a condition of this contract, 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 .
A copy of the policies must be provided to the Department of
Human Rights upon request 775 ILCS 5/2-105 .
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25. WRITTEN COMMUNICATIONS
All recommendations and other communications by the ARCHITECT
to the CITY and to other participants which may affect cost or time
of completion, shall be made or confirmed in writing. The CITY may
also require other recommendations and communications by the
ARCHITECT be made or confirmed in writing.
26. NOTICES
All notices, reports and documents required under this
Agreement shall be in writing and shall be mailed by First Class
Mail, postage prepaid, addressed as follows :
A. As to CITY:
Sarosh Saher
Urban Design & Preservation Specialist
City of Elgin
150 Dexter Court
Elgin, Illinois 60120-5555
B. As to ARCHITECT:
Greg Berna
Berna Architects & Design
221 DuPage Street
Elgin, Illinois 60120
27 . This agreement shall amend and supersede the Original
Agreement between the parties hereto in all respects .
IN WITNESS WHEREOF, the undersigned have entered into and executed
this Agreement on the date and year first written above.
FOR THE CITY: FOR THE ARCHITECT:
CITY OF ELGIN BERNA ARCHITECTS & DESIGN
By: BY:
Aiu� 122�--2
c
David Dorgan Greg rna
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Attachment A
Item Amount $
Original Agreement $6, 985 . 00
Change Order #1 $4, 000 . 00
Total $10,985.00
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Agenda Item No. L.
City of Elgin
September 17, 2004
TO: Mayor and Members of the City Council
ALIVE DOWNTOWN
FROM: David Dorgan, City Manager
Sarosh Saher, Urban Design& Preservation Specialist
SUBJECT: Change Order#1 - Facade Project for 213 E. Chicago Street
PURPOSE
The purpose of this memorandum is to provide the Mayor and members of the City Council with
information to consider a change order to the Facade Improvement project for the property
located at 213 E. Chicago Street.
RECOMMENDATION
It is recommended that the City Council approve Change Order #1 to allow for additional work
on the fagade along with additional architectural services in the amount of $17,711.51 for the
property at 213 E Chicago Street.
BACKGROUND
In November 2002, a Facade Improvement project was approved to restore the front and rear
fagade of the property at 213 E. Chicago Street, owned by Mr. Craig Bakstad. The building is
located in downtown Elgin. The property was eligible for funding under the Center City Facade
Improvement Program which offers property owners a grant of 35% of the cost of exterior
fagade improvements up to a maximum of$100,000.00, with high impact projects eligible for up
to $150,000.
The scope of work approved in 2002. included restoring the storefronts to their original
configuration, masonry cleaning, tuckpointing, window and door replacement, exterior lighting,
and canopy treatments. Work was also approved for the rear fagade of the property, visible from
the public alley, which included reconstruction of the rear deck and stairs and the attached
vehicle shelter. The total cost of the project amounted to $110,123.97, with the City's
participation at 35%amounting to $38,543.37.
The City had also obtained the services of Greg Bema of Berna Architects and Design of Elgin
to develop the drawings and specifications, along with a cost estimate for the project which
would enable the property owners to bid out and obtain the minimum two required bids for the
work. As part of the program, architectural services were paid for by the City ($6,985.00).
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Facade—213 E Chicago Street—Change Order#1
September 17, 2004
Page 2
Work is currently under way on the project. The front fagade restoration has been completed,
but for minor detailing, painting and the'cornice restoration. The rear fagade restoration is
currently under way. The change order being requested is to accommodate for the change in the
material being proposed for the rear deck in steel, along with carpentry and electrical work.
The total additional cost for completion of the project is estimated at $39,175.75, with the City's
participation level at 35% estimated to be $13,711.51. The cost of additional architectural
services requested is $4,000.00,which is fully reimbursed by the Fagade Improvement Program.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
Downtown Neighborhood Association, (DNA).
+INANCIAL IMPACT
The proposed change order will amount to $17,711.51. The 2004 budget for the Downtown
Facade Improvement Program is funded through account numbers 275-0000-791.78-99
Riverboat Fund, budgeted at $75,000 with a current balance of$53,648, and 276-0000-791.78-
99 Riverboat Lease Fund, budgeted at $100,000 with a current balance of$40,724. The change
order will be charged to 276-0000-791.78-99 Riverboat Lease Fund, Project No. 079818. If the
change order is approved, the City's total participation on this project will amount to
$63,239.90.
LEGALIMPACT
The existing agreements between the City of Elgin and property owner at 213 E Chicago Street,
along with the architect, Berna Architects and Design will need to be amended.
ALTERNATIVES
1. Approve Change Order #1 to allow for additional work on the fagade along with
additional architectural services in the amount of $17,711.51 for the property at 213 E
Chicago Street.
2. Reject the requested Change Order#1.
Respectfully Submitted for Council consideration.
SBS/sr
Attachments
09/02/04 07:49 FAX 8478883550 SIERRA 1002
213 E Chicago Street Planning Department. RECEIVE D
Program CITY OF ELGIN
Facade Pro
g 150 DEXTER COURT SEP 0 7 2004
ELGIN, ILLINOIS 60120
Contract For ;Name amount of Total Previous Balance To
Contract Paid Campkte
Tuckpouting.power wash and dmnwW wash Rzucidlo 4,200.00 4,200.00 0.00
Store ext,windows and front doors Gateway Glass 21,500.00 21,500.00 0.00
Demolition& w Flexible Staffing 420.93 420.93 0.00
Demolition rear of bldg Denny Kailas 2,794.00 2,794.00 0.00
BFI 1,233.40 1,233.40 0.00
concrete piers in basement and ramp Eagle Concrete 1,370.00 1,370.00 0.00
Relocate pkmnbhg for piers and Materials Abitua Mechanical 1,752.46 1,752.46 0.00
Excavation tabor in basement 8 dear*g Flexible Staffing 315.00 315.00 0.00
Support steel for harolcap,ramp Residential Steel Co 1,650.00 1,650.00 0.00
Steel for carport
Residential Steel Co 18,007.00 18,007.00
Ems,at rear of erg. Popp Excavating 5,000.00 5,000.00 0.00
Set plates and caulk for carport Popp Excavating 410.00 410.00 0.00
concrete foundation Popp Excavating 14,100.00 14,100.00 0.00
Root concrete for carport Popp Excavating 3,000.00 3,000.00
Carpentry tabor store front and ramp Lawson Pride 16,840.00 16,840.00 0.00
Materials_tum!" Lawson Pride-Seigles 1,602.24 1,60224 0.00
Ratings for HC Ramp City Ornamental Iron 900.00 900.00 0.00
Tile labor for ramp and entrance Lawson Pride 640.00 640.00 0.00
Tile for ramp and entrance Century Tile 771.72 771.72 0.00
Drywal repairs in store Jims Drywall 1,500.00 1,500.00 0.00
Install 1 exterior door at rear Lawson Pride 1,500.00 1,500.00
Masora,-Repair back wall Exterior Mike Popp 650.00 650.00 0.00
Heating/Ac-Move arc unit b relocate duds in bsmnt Higel 375.00 375.00 0.00
Electric-move sm r add new for ext 1191rtirg Lauderdale Elect. 4,012.00 4,012.00 0.00
carpentry-Trim front of building Lawson Pride 1,280.00 1,280.00 0.00
Electric materials Lawson Pride 800.00 800.00 0.00
Interior paint&stain ramp,trim and windaw Denny Kailas 1,670.97 1,670.97 0.00
Exterior painting 8 Uft Denny Kailas 2,530.00 2,530.00 0.00
500.00 500.00
Repah��lot g 800 00
Gutters and downspout M Stanley 800.00
Decorative trim at top front M Stanley 1,500.00 1,500.00
Railings for carport deck City Ornamental Iron 7,625.00 7,625.00
Raarrgs for t>aserrient entrance City Ornamental iron 1,750.00 1,750.00
Replace 1st floof exterior door M Stanley
carpentry for stabs and railings s roof M Stanley 8,500.00 8,500.00
Roofing far awning M Stanley 800.00 800.00
Clean stone sm and brick detail M Stanley 1,000.00 1,000.00
Add1iornal trim-base in front of salon M Stanley 500.00 500.00
Paintbrg-front of bldg M Stanley 2,000.00 2,000.00
Front ligtturg fixtures and install M Stanley 1,500.00 1,500.00
Electric at rear carport and fixtures M Stanley 1,000.00 1,000.00
Root membrane and wood dedur g M Stanley 6,000.00 6,000.00
General contractor fee M Stanley 5,000.00 5,000.40
Totals 149,299.72 88,317.72 60,982.00
BERNA
ARCHITECTS & DESIGN
221 DuPage Street
Elgin,Illinois 60120
(847) 697-0260
PROPOSAL, RECEIVED
August 11,2004 AUG 17 70(14
Planning Department
Mr. Sarosh Saber CITY OF ELGIN
Urban Design and Preservation Specialist 150 DEXTER COURT
City of Elgin ELGIN, ILLINOIS 60120
150 Dexter Court
Elgin,IL. 60120
RE: 213 East Chicago Street,Elgin,Illinois
Dear Mr. Saber:
In response to our last onsite meeting,I am providing a proposal for additional
services regarding 213 East Chicago Street,Elgin,Illinois. The additional services
include reviewing additional shop drawings for revised designs regarding health
and safety issues, such as railings and onsite revisions. The services also include
extensive project coordination with the owner because of his lack of construction
abilities and coordination with the shop drawing review process. This project has
been in "on again","off again" construction phases for almost two years. This
project has not meant the timeframe that the Fagade program stipulates and the
general contractor requirement was being done by the owner.
This has created extensive time for Berna Architects& Design to facilitate the
requirements of the Fagade program and assist the owner in completing the project.
Berna Architects& Design has provided lists of sub-contractors for various historic
elements. We have looked at countless alternatives to economize the design for the
owner. We have provided step by step instructions and letters to the owner to
complete the project,which have not been addressed.
With a general contractor on board,we feel the project can be completed in a
timely manner,however extensive time has been spent and farther hours will be
required to coordinate the remaining issues of the project.
1. The lump sum for these services is: $4,000.00.
2. Additional Services: Not included are surveys, soils and EPA testing, permit
costs, printing bid sets for contractors,.and extensive redesigning due to major
�* unknown structural conditions or vaults.
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3. Qualifications: Services will be provided by a licensed and insured architect.
This proposal is binding for 60 days.
Submitted by:
Greg Berna AIA
RECEIVED
AU617 2004
Planning Department
CITY OF ELGIN
150 DEXTER COURT
ELGIN, ILLINOIS 60120
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