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05-265 Resolution No. 05-265 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH LARSON-KRAMER AND ASSOCIATES, LTD. FOR ARCHITECTURAL SERVICES AT THE HIGHLANDS CLUBHOUSE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Olufemi Folarin,City Manager,and Dolonna Mecum,City Clerk,be and are hereby authorized and directed to execute an Agreement with Larson-Kramer and Associates,Ltd.on behalf of the City of Elgin regarding architectural services at The Highlands Clubhouse, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: September 14, 2005 Adopted: September 14, 2005 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk AGREEMENT THIS AGREEMENT, made and entered into this day, August 26, 2005, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY") and Larson-Kramer and Associates, LTD. an Illinois corporation (hereinafter referred to as "ARCHITECT"). WHEREAS, the CITY desires to engage the ARCHITECT to furnish certain professional services in connection with The Highlands of Elgin Golf Clubhouse (hereinafter referred to as 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. NOW, THEREFORE, it is hereby agreed by and between the CITY and the ARCHITECT that the CITY does hereby retain the ARCHITECT for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged to act for and represent it in all architectural matters involved in the PROJECT, subject to the following terms and conditions and stipulations, to-wit: I. SCOPE OF SERVICES A. All work hereunder shall be performed under the direction of the Director of Parks and Recreation of the CITY,hereinafter referred to as the"DIRECTOR". B. The services to be provided by the Architect pursuant to this agreement shall be as outlined as follows: 1. Conduct interviews with the Highlands of Elgin Leadership Team and other groups as determined by the DIRECTOR. 2. Interview Parks &Recreation Director, Golf Manager, Golf Professional and staff for purpose of identifying information for comprehensive architectural services as determined by the DIRECTOR. 1 • • 3. Provide all comprehensive Architectural/Engineering, Food & Beverage Service Design, Interior Furnishings, Landscape Design Services including the following: a. REVIEW OF COMPLETED PROGRAMMING (5% of Fee) 1. Establish CITY's requirements and programming through meetings, interviews, etc. as determined by the CITY with a final written program and spacial allocation and basic Pro-Forma. b. REVIEW OF COMPLETED SCHEMATIC DESIGN PHASE (10% of Fee) 1. Develop Schematic Design plans and alternative schemes as determined necessary by the CITY for the Clubhouse as well as layout of parking lot and other related facilities. 2. Determine budget for the above plans. 3. Determine on site and offsite food service and catering needs and requirements. c. DESIGN DEVELOPMENT PHASE (20% of Fee) 1. Complete Design Development drawings of the proposed clubhouse, and related facilities at '/" scale including basic architectural, structural, mechanical, electrical, and civil elements to determine scope of construction budget. 2. Determine budget for the above plans. d. CONSTRUCTION DOCUMENTS PHASE (40%of Fee) 1. Develop complete Contract Documents for the Clubhouse. 2. Determine Specifications and Bid Documents. e. BIDDING OF COMPLETED PROJECT (5% of Fee) 1. Pre-approve all bidders and coordinate bid opening with CITY. 2. Review and tabulation of all bids received. 3. Recommendation of the successful bidder and coordination with the CITY for awarding contract and assistance of Contract preparation as required by the DIRECTOR. f. OBSERVATION OF CONSTRUCTION (20% of Fee) 1. Provide periodic field observation of construction as needed and determined by the DIRECTOR. 2. Review contractor's application for payment and forward invoice for processing. 3. Review all shop drawings as required by DIRECTOR. 4. Accept or reject work on Owner's behalf, report any work not conforming to Contract Documents. 2 • 5. Determine general punch list and oversee completion of punch list items. Prepare written final acceptance of construction project and perform a one year review evaluation. g. ADDITIONAL SERVICES INCLUDED 1. Review of existing parking lot layout and design. 2. All Food & Beverage Design, Interior Design, and Clubhouse Site Landscape Design are included as services required as determined by the DIRECTOR. II. PROGRESS REPORTS A. An outline project milestone schedule will be established by the city and provided to the Architect. B. The Architect will submit to the Director monthly a Status Report keyed to the Project Schedule. A brief narrative will be provided identifying progress, findings, and outstanding issues. III. WORK PRODUCTS All work products prepared by the ARCHITECT pursuant hereto including, but not limited to, reports, designs, calculations, working drawings, studies, photographs, models and recommendations shall be the property of the CITY and shall be delivered to the CITY upon request of the DIRECTOR provided, however, that the ARCHITECT may retain copies of such work products for its records. Such work product are not intended or represented to be suitable for reuse by the CITY on any extension to the PROJECT or any other project, and such reuse shall be at the sole risk of the CITY without liability or legal exposure to the ARCHITECT. IV. PAYMENTS TO THE ARCHITECT (Not to Exceed Method) A. The following is a detailed fee schedule: 1. Clubhouse Architectural Design Fees will vary depending on the cost of construction as determined by the actual Cost of Construction and outlined in the chart below: 2. If the City determines to abandon the Project, the Architect's fee shall be based upon the latest statement of probable cost of construction with the Architect to be paid for services actually preformed and reimbursable expenses actually incurred prior to the termination by the City, except that reimbursement shall not exceed task amounts set forth under Section I hereof nor the total amount set forth in the following fee schedule. 3 • FEE SCHEDULE 6.5%of cost of Clubhouse Construction not to exceed $260,000. The amount of$39,000 previously paid will be credited to the Programming and Schematic Design Phase. B. For outside services provided by other firms or subconsultants, the CITY shall pay the ARCHITECT the invoiced fee to the ARCHITECT. Any fees for such outside services shall be included in the Architect's fee not to exceed $260,000. C. The CITY shall make periodic payments to the ARCHITECT based upon actual progress within 30 days after receipt and approval of invoice. Said periodic payments to the ARCHITECT shall not exceed the amounts shown for each task and shall not be made until the task is completed and accepted by the DIRECTOR. V. INVOICES A. The ARCHITECT shall submit invoices in a format approved by the CITY. Progress reports (IIB above) will be included with all payment requests. 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. VI. TERMINATION OF AGREEMENT Notwithstanding any other provision hereof, the CITY may terminate this Agreement at any time upon fifteen- (15) day's 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 Paragraph I or the total amount under paragraph IV. 4 VII. 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 VI, 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 have or thereafter acquire with respect to any term or provision of the Agreement. VIII. 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 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 DIRECTOR relative to a claim submitted by the ARCHITECT, all work required under this Agreement as determined by the DIRECTOR shall proceed without interruption. IX. BREACH OF CONTRACT If either party violates or breaches any term of this Agreement, such violation or breach shall be deemed to constitute a default, and the other party 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. X. 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, attorney's 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 completion, termination and/or expiration of this agreement. 5 XI. NO PERSONAL LIABILITY No official, director, officer, agent, or employee of the CITY shall be charged personally or held contractually liable under any term or provision of this Agreement or because of their execution, approval or attempted execution of this Agreement. XII. INSURANCE A. Comprehensive Liability: The ARCHITECT shall provide, pay for, and maintain in effect, during the term of this Agreement, a policy of comprehensive general liability insurance with limits of at least $1,000,000 aggregate for bodily injury and $1,000,00 aggregate for property damage. The ARCHITECT shall deliver to the DIRECTOR a Certification of Insurance naming the CITY as additional insured. The policy shall not be modified or terminated without thirty- (30) days prior written notice to the DIRECTOR. The Certificate of Insurance, which shall include contractual obligation assumed by the ARCHITECT under Article X entitled "Indemnification", shall be provided. This insurance 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. B. Comprehensive Automobile Liability: Comprehensive Automobile Liability Insurance covering all owned, non-owned and hired motor vehicles with limits of not less than $500,000 per occurrence for damage to property. C. Combined Single Limit Policy: The requirements for insurance coverage for the general liability and auto exposures may be met with a combined single limit of $1,000,00 per occurrence subject to a$1,000,000 aggregate. D. Professional Liability: The ARCHITECT shall carry Architect's Professional Liability Insurance covering claims resulting from errors, omissions or negligent acts with a combined single limit of not less than $1,000,00 pre occurrence. A Certificate of Insurance shall be submitted to the DIRECTOR as evidence of insurance protection. The policy shall not be modified or terminated without thirty- (30) days prior written notice to the DIRECTOR. 6 XIII. 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. XIV. 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, or 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 subject 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. XV. 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. XVI. 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. 7 XVII. 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. XVIII.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. XIX. HEADINGS The headings of the several paragraphs of this Agreement are inserted only as a matter of convenience and for reference and 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. XX. 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. XXI. APPLICABLE LAW This Agreement shall be deemed to have been made in, and shall be construed in accordance with the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights pursuant to this agreement shall be in the Circuit Court of Kane County, Illinois. XXII. NEW RELEASES The ARCHITECT may not issue any news releases without prior approval from the DIRECTOR, nor will the ARCHITECT make public proposals developed under this Agreement without prior written approval from the DIRECTOR prior to said documentation becoming matters of public record. 8 XXIII.COOPERATION WITH OTHER CONSULTANTS The ARCHITECT shall cooperate with any other consultants in the CITY's employ or any work associated with the PROJECT. XXIV.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. XXV. SEXUAL HARRASSMENT 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 Act. XXVI.WRITTEN COMMUNICATIONS All recommendations and other communications by the ARCHITECT to the DIRECTOR and to other participants which may affect cost or time of completion, shall be made or confirmed in writing. The DIRECTOR may also require other recommendations and communications by the ARCHITECT be made or confirmed in writing. 9 • XXVII. 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: Director of Parks &Recreation City of Elgin 150 Dexter Court Elgin, IL 60120-5555 B. As to ARCHITECT: Peter S. Kramer Larson-Kramer&Associates, Ltd. 701 N. York Road Hinsdale, IL 60521 IN WITNESS WHEREOF, the undersigned have placed their hands and seals upon and executed this Agreement in triplicate as though each copy hereof was an original and that there are no other oral agreements that have not been reduced to writing in this statement. For the CITY: ATTEST: THE CITY OF ELGIN : By: By City Clerk City Man. (SEAL) 10 For the ARCHITECT: 1~ Dated this day of q1I 7 , A.D., 20O ATTEST ATTEST AiiL /iL ! OFFICIAL SEAL SHARON A D LLON (---- / ,Otter FOLIC-STATE OF ILLINOIS i W COMAIINNON EXPOIESSINSIS By: k I. By: .....3, ec etary 7 t \\\\\O gUttI iItI1Np1p/o, (SEAL) ED ARc % 1-1-9(PETER S.KRAMER;2I Fi 01-6694 stA' 'ro 11 �•�.(OF et. Agenda Item No. — City of Elgin L ` G August 5, 2005 , ,.. TO: Mayor and Members of the City Council RECREATIONAL LEISURE ANC)CULTURAL OPPORTUNITIES FOR ALL C171J..FNS FROM: Olufemi Folarin, City Manager Randy Reopelle, Parks and Re eation Director SUBJECT: Highlands Clubhouse Architectural Service Agreement PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider a contract to complete architectural services for the Highlands of Elgin permanent clubhouse. RECOMMENDATION e'" It is recommended that the City Council approve the contract with Larson-Kramer and Associates Ltd. for completion of their architectural services for The Highlands clubhouse at a not to exceed amount of$221,000. BACKGROUND As part of the overall development of the Highlands Golf Course, the construction of a permanent clubhouse was planned to replace a temporarily trailer and cart building that were constructed in the spring of 2003. The clubhouse and related buildings architect selection Request for Proposal and subsequent selection was completed in November, 2000, with nine firms receiving the proposal and eight firms responding. Larson-Kramer & Associates Ltd. was selected and the City entered into an agreement with them to design the golf facilities at The Highlands. Larson-Kramer specializes in the golf industry and has designed over 120 golf clubhouses and related golf maintenance facilities over the past 43 years. Clubhouses locally designed by Larson-Kramer are Bartlett Hills, Bloomingdale GC, Boulder Ridge CC, Ivanhoe, St Charles CC, Harborside International and Maple Meadows to name a few. Larson-Kramer is nationally recognized in clubhouse architecture and authors and lecturers on clubhouse design. The Golf Project Leadership Team met on July 20, 2005 and has recommended to proceed with the conclusion of the architect's scope of work which includes design review, programming review, construction documents, bidding and construction overview at a cost of $260,000. To eh.' August Clubhouse Architectural Service Agreement August 5, 2005 Page 2 date $39,000 has already been paid as part of preliminary design concluded in 2003. The remaining $221,000 is a not to exceed amount based on a maximum $4,000,000 budget for clubhouse construction. Due to the contemplated impact of Bowes Creek Golf Course, the Golf Project Leadership Team further recommended the Highlands clubhouse be downsized from the original 27 hole design concept and that the final architecture be coordinated with the facilities at Bowes Creek Golf Course in order to maximize the efficiencies of both clubhouses and minimize any potential overlap of services. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Golf Project Leadership Team VibUINANCIAL IMPACT There are sufficient funds budgeted ($658,709) and available ($658,709) in the Riverboat Fund, account number 275-0000-791.92-36, "Buildings and Structures," project number 509737 to enter into this contract with Larson-Kramer and Associates with a not-to-exceed amount of $221,000. \Oen/LEGAL IMPACT The draft agreement is being reviewed by the Legal Department. ALTERNATIVES 1. Approve the contract with Larson-Kramer for architectural services. 2. Do not approve the contract with Larson-Kramer for architectural services. Respectfully submitted for Council consideration. ML !l'