05-320 Resolution No. 05-320
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
RICHARD L. JOHNSON AND ASSOCIATES, INC.
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 on behalf of the City of Elgin with Richard L. Johnson and
Associates for Phase 1 Preliminary Design Development for the Hemmens Cultural Center South
Lobby and Restroom Addition, a copy of which is attached hereto and made a part hereof by
reference.
s/Robert Gilliam
Robert Gilliam, Mayor Pro Tern
Presented: November 30, 2005
Adopted: November 30, 2005
Omnibus Vote: Yeas: 5 Nays: 0
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
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AGREEMENT
THIS AGREEMENT is made and entered into this le7Wday of f1 OVal .,
2005, by and between the CITY OF ELGIN, an Illinois municipal
corporation (hereinafter referred to as "CITY" ) and RICHARD L.
JOHNSON AND ASSOCIATES, INC. , 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 Phase 1
Preliminary Design Development for the Hemmens Cultural Center
South Lobby and Restroom Addition (hereinafter referred to as the
"Project" ) and
WHEREAS, the ARCHITECT represents that it 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 the architectural matters involved in the
PROJECT as described in this Agreement, subject to the following
terms and conditions and stipulations, to-wit :
1. SCOPE OF SERVICES
A. All work hereunder shall be performed under the direction
of the City' s Hemmens Cultural Center Supervisor
(hereinafter referred to as the "SUPERVISOR" ) .
B. ARCHITECT shall provide the services for the PROJECT as
outlined in the "Scope of Services-Phase 1 : Preliminary
Design Development" attached hereto as Exhibit 1 .
2 . PROGRESS REPORTS
A. A detailed project schedule for the PROJECT is included
as Exhibit 2, attached hereto. Progress will be recorded
on the project schedule and submitted monthly as a
component of the Status Report described in B below.
B. The ARCHITECT will submit to the SUPERVISOR monthly a
Status Report keyed to the Project Schedule. A brief
narrative will be provided identifying progress, findings
and outstanding issues .
3 . WORK PRODUCTS
All work products prepared by the ARCHITECT pursuant hereto
including, but not limited to, reports, designs, calculations,
work drawings, plans, design documents, probable construction
costs, floor plans, elevations and sections, renderings,
studies, photographs, models and recommendations shall be the
property of the CITY and shall be delivered to the CITY upon
request of the SUPERVISOR 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.
4 . PAYMENTS TO THE ARCHITECT
A. For services provided by the ARCHITECT pursuant to the
Agreement the ARCHITECT shall be reimbursed at the direct
hourly rate of its personnel employed on the PROJECT at
the hourly rates set forth in Exhibit 3 attached hereto,
with a total fee not to exceed $34 , 500 regardless of the
actual time expended or the actual costs incurred by the
ARCHITECT unless substantial modifications to the Scope
of Work are authorized by way of written amendment to
this Agreement approved by the City Council of the CITY.
B. For additional services of Consultants, compensation
shall be the actual cost billed to the ARCHITECT for such
services. Any such additional services of Consultants
shall require written amendment to this Agreement
approved by the City Council of the CITY.
C. For reimbursable expenses, compensation should be the
actual cost billed to the ARCHITECT for such
services with a ten percent (10%) markup for
handling. Reimbursable expenses shall not exceed
the total amount of $2, 760 .
D. The CITY shall make periodic payments to the ARCHITECT
based upon actual progress within 30 days after receipt
and approval of invoice . Full payment for each task
shall not be made until the task is completed and
accepted by the SUPERVISOR.
5. INVOICES
A. The ARCHITECT shall submit invoices in a format approved
by the CITY. Progress reports (2B 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
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Agreement period, and for a year after termination of
this Agreement .
6 . TERMINATION OF AGREEMENT
Notwithstanding any other provision hereof, the CITY may
terminate this Agreement at any time upon fifteen (15) days
prior written notice to the 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 amounts set forth under Paragraph 4 above.
7 . 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 have or thereafter acquire with
respect to any term or provision of the Agreement .
8 . 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 SUPERVISOR
relative to a claim submitted by the ARCHITECT, all work
required under this Agreement as determined by the SUPERVISOR
shall proceed without interruption.
9. BREACH OF CONTRACT
If either party violates or breaches any term of this
Agreement, such violation or breach shall be deemed to
constitute a default, and the other party has the right to
seek such administrative, contractual or legal remedies as may
be suitable to the violation or breach; and, in addition, if
either party, by reason of any default, fails within fifteen
(15) days after notice thereof by the other party to comply
with the conditions of the Agreement, the other party may
terminate this Agreement .
10. INDEMNIFICATION
To the fullest extent permitted by law, ARCHITECT agrees to
and shall indemnify, defend and hold harmless the CITY, its
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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 completion, expiration and/or
termination of this agreement .
11. NO PERSONAL LIABILITY
No official, SUPERVISOR, officer, agent or employee of the
CITY shall be charged personally or held contractually liable
under any term or provision of this Agreement or because of
their execution, approval or attempted execution of this
Agreement .
12 . INSURANCE
A. Comprehensive Liability. The 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, 000 aggregate for property
damage.
The ARCHITECT shall deliver to the SUPERVISOR 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
SUPERVISOR.
The Certificate of Insurance which shall include
Contractual obligation assumed by the ARCHITECT under
Article 10 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 prorated, 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.
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C. Combined Single Limit Policy. The requirements for
insurance coverage for the general liability and auto
exposures may be met with a combined single limit of
$1, 000 , 000 per occurrence subject to a $1, 000, 000
aggregate .
D. Professional Liability. The 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 SUPERVISOR as evidence of insurance
protection. The policy shall not be modified or
terminated without thirty (30) days prior written notice
to the SUPERVISOR.
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.
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
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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 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 SUPERVISOR, nor will the ARCHITECT make
public proposals developed under this Agreement without prior
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written approval from the SUPERVISOR 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 .
25. WRITTEN COMMUNICATIONS
All recommendations and other communications by the ARCHITECT
to the SUPERVISOR and to other participants which may affect
cost or time of completion, shall be made or confirmed in
writing. The SUPERVISOR may also require other
recommendations and communications by the ARCHITECT be made or
confirmed in writing.
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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:
Butch Wilhelmi, Hemmens
City of Elgin
150 Dexter Court
Elgin, Illinois 60120-5555
With a copy to:
William A. Cogley, Corporation Counsel
City of Elgin
150 Dexter Court
Elgin, Illinois 60120-5555
B. As to ARCHITECT:
Richard L. Johnson Associates, Inc .
4703 Charles Street
Rockford, Illinois 61108
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: FOR THE ARCHITECT:
BY , _- BY 1110
4
City =riager '
Attest :
ACL44-,-
City Clerk
F:\Legal Dept\Agreement\Johnson&Associates-HemmensRemodel-WAC.doc
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.
EXHIBIT 1
SCOPE OF WORK AND SERVICES
Phase 1 : Preliminary Design Development
Determination of Existing Factors :
Because the South Lobby Addition will be tied into the existing
facility, certain aspects of existing conditions must be addressed
by the Architect . These include :
• Evaluation of existing foundations, footings and all other
related structural elements;
• Review of existing, or development of new, topographic
surveys;
• Review of existing, or development of new, soil borings;
• Review of existing HVAC, plumbing and electrical systems to
determine if current infrastructure can accommodate expansion.
Schematic Design:
A preliminary schematic design as approved by the City will be
developed and refined by the Architect based upon the project
budget as established by the City, and accepted industry criteria.
This will include, but not be limited to:
• Discussion and feedback with HCC and City of Elgin staff;
• Review of utilities, HVAC, lighting and electrical
requirements;
• Definition of special acoustic requirements;
• Define equipment, surface, furniture and fixture needs
including, but not limited to, hard walls, window walls and
glazing, flooring, ceilings, lighting, power, data and
telephone ports, mechanical distribution, fire protection
security and signage;
• Analysis of alternate design concepts (including two story
office/restroom section) and construction material selections;
• Review of alternate approaches to design and construction
(including cost, maintenance and operations implications)
• Review of alternate exterior design solutions .
Based on final program requirements as approved by the City the
Architect will prepare and provide to the City sets of Preliminary
Design Documents illustrating the scale and relationship of project
components, and a preliminary statement of Probable Construction
Costs based on current and foreseeable area and unit costs, with
input on specialty items from qualified sources .
Final schematic design solutions as approved by the City will then
be developed by the Architect . These will include Floor plans;
Elevations and Sections; and Renderings .
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At the completion of this phase, the Architect shall, if requested
by the City, make a presentation to, and answer questions from the
Elgin City Council .
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CITY OF ELGIN
Project Schedule for Hemmens Cultural Center South Lobby and Restroom Addition .
Date Prepared: 11/10/05
2005> 2006>
Month Sept I Oct Nov 1 Dec I Jan [ Feb March April May
Week(Monday Dates) 5 12 19 26 3 10 17 23 30 7 14 21 28 5 12 19 26 2 9 16 23 30 6 13 20 27 6 13 20 27 3 10 17 24 1 8 15 22 29
OAA Approval •23
Phase 1
Program Preparation _
Prelim.Evaluation
City Review&Approval = 11
Alternative Approaches _
City Review&Approval
Documents
City Review&Approval 22
Phase 2
DD Documents _
City Review&Approval
Construction Documents
City Review&Approval
Phase 3
Award
Constuction
RIOHARD t.JOHASOA A$SOOIRTES. IRO.architect/-engineers-interior designers
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EXHIBIT 3
HOURLY RATES
Principals $130 . 00/Hour
Structural Engineer $130 . 00/Hour
Project Managers $ 95 . 00/Hour
Project Architects $ 95 . 00/Hour
Mechanical/Electrical Engineers $ 95 . 00/Hour
Senior Technicians $ 75 . 00/Hour
Field Representatives $ 75 . 00/Hour
Interior Designers $ 70 . 00/Hour
Junior Technicians $ 65 . 00/Hour
CAD Technicians $ 60 . 00/Hour
Clerical $ 40 . 00/Hour
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