06-105 Resolution No.06-105
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH SILVA ARCHITECTS
FOR ARCHITECTURAL SERVICES
UNDER THE FACADE IMPROVEMENT PROGRAM
(169 East Chicago Street)
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 Silva Architects for architectural
services under the Facade Improvement Program for the property located at 169 East Chicago Street,
a copy of which is attached hereto and made a part hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: May 10, 2006
Adopted: May 10, 2006
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
AGREEMENT
THIS AGREEMENT is made and entered into this v_&2 day of A`� , 2006,
by and between the City of Elgin, Illinois, a municipal corporation, (hereinaft referred to as
-City") and SILVA ARCHITECTS, 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 169 East Chicago Street,Elgin,
Illinois,to include restoring the front, east 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 it is in compliance with all applicable laws and
regulations, including,but not limited to,all 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, for and in consideration of the mutual promises and covenants contained
herein,the sufficiency of which are hereby mutually acknowledged, it is hereby agreed by and
between the CITY and the ARCHITECT that the CITY does hereby retain the ARCHITECT to
perform the architectural services for the PROJECT as described herein and subject to the
following terms, conditions and stipulations:
1. SCOPE OF SERVICES
The ARCHITECT shall perform the services for the PROJECT described in Exhibit A
attached hereto and made a part hereof. All work hereunder shall be performed under the
direction of the CITY's Urban Design&Preservation Specialist.
2. SCHEDULE
ARCHITECT shall complete all of the services described in Exhibit A within 85 days of
the transmission of a notice to proceed from the CITY.
3. WORK PRODUCTS
All work products prepared by the ARCHITECT pursuant hereto including, but not
limited to,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.
4. PAYMENTS TO ARCHITECT
A. The CITY shall pay the ARCHITECT for services provided under this Agreement
a fixed fee of$6,500, regardless of actual time expended or actual costs incurred by the
ARCHITECT. Such fee of$6,500 includes all reimbursable expenses.
B. The CITY shall make periodic payments to the ARCHITECT based upon actual
progress within thirty (30) days after receipt and approval of an invoice according to the
following phasing:
Schematic Design Phase: $1,170.00 18 percent
Design Development Phase: $1,170.00 18 percent
Construction Documents Phase: $1,950.00 30 percent
Bidding or Negotiation Phase: $455.00 7 percent
Construction Phase: $1,755.00 27 percent
Total Compensation: $6,500.00 100 percent
-5 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.
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 task 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
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which the CITY may have or thereafter acquire with respect to any term or provision of the
Agreement.
g. 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 agreed to 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.
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 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.
11. 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.
12. 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
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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.
13. 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.
14. NONDISCRIMINATION
In all hiring or employment made possible or resulting from this Agreement,there shall
be no discrimination against any employee or applicant for employment because of sex, age,
race, color, creed,national origin,marital status, of the presence of any sensory,mental or
physical handicap, unless based upon a bona fide occupational qualification, and this requirement
shall apply to,but not be limited to,the following: employment advertising, layoff or
termination, rates of pay or other forms of compensation and selection,for training, including
apprenticeship.
— I 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.
15, 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.
16. 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.
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17. 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.
18. 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.
19. 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.
20. 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.
21. 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.
22. 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.
23. COOPERATION WITH OTHER CONSULTANTS
The ARCHITECT shall cooperate with any other consultants in the CITY's employ or any
work associated with the PROJECT.
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24. 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.
25. 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.
26. 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.
27. 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:
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A. As to CITY:
Sarosh Saher
Urban Design& Preservation Specialist
City of Elgin
150 Dexter Court
Elgin, Illinois 60120-5555
B. As to ARCHITECT:
Stephen F. Silva
Silva Architects
168 East Highland Avenue, Suite 102
Elgin, IL 60120
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 SILVA ARCHITECTS
By By
City Man age tep n F.Vlva
Attest:
1_
City Clerk
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EXHIBIT A
169 E. Chicago Street - Wilde Sotomayor property owner
Proposed scope of work for facade improvements
Front facade(Facing E. Chicago Street):
Storefront:
1. Remove existing non-original storefront window frame, mansard roof awning, and bulkheads
and rebuild with new configuration as follows:
2. Build new bulkheads in wood panels installed on a frame. Optional material for the
bulkhead may include brick or other masonry of choice such as cast stone or concrete.
3. Install new clear glass storefront windows and glass transoms fitted in aluminum frames.
If the ceiling is proposed to be dropped on the interior,the transoms may be in spandrel glass
to conceal the dropped ceilings
4. New wood entry door to the storefront area with glass light. The door may be set back from
the facade of the building to provide for weather protection. Alternate material for the door
may be aluminum. Door may also be located in its current location.
2°d floor windows:
1. Remove existing 2°d floor windows and replace with new aluminum clad double hung
windows in built to fit the original openings exactly.
Existing Cornice (pressed metal)
1. Remove excess peeling paint from cornice
2. Repair material where necessary (if portions are too deteriorated to repair, duplicate and
replace deteriorated portion).
3. Prime and Paint cornice.
Brick masonry cleaning(if necessary):
1. 2°d story exterior masonry may be cleaned only if necessary.Note: Sandblasting of brick
masonry or high pressure washing with water(at pressures of 600 p.s.i. or more) is not
permitted.
2. Masonry to be tuckpointed only where necessary.
3. Caulk joints between the windows and masonry.
Rear facade
1. Clean,repair and repoint brick masonry on entire rear facade.
2. Remove existing gutters and downspouts along the rear portion of the building and
replace with new system.
3. Remove non-original deck leading up to the rear door. Deck to be replaced with new
stairs and landing leading up to rear door from rear parking stalls.
4. Replace rear door with new door and transom window above to full height of opening.
5. Replace window sashes on two lower level windows in their existing configuration to
allow for the kitchen exhaust fan to remain. (Westerly of the two windows may have new
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exhaust fan installed in the future). Windows to be aluminum clad windows. Existing T-
11 boards may be replaced with new wood paneling.
6. Remove existing 2"d floor windows and replace with new aluminum clad double hung
windows in built to fit the original openings exactly.
7 2"d story door to be removed and replaced with new window. Opening size is
recommended to be retained as existing, but may receive a wood bulkhead on the lower
portion to raise sill level of new replacement window to match the remaining windows on
the elevation.
8. Replace existing security lighting with new wall-mounted security lighting.
9. On the lower level (below grade) remove and replace existing stairs leading to lower level
door. Replace door with new security steel double door. Remove and rebuild ramp or
stairs leading up to the double door.
East elevation (side)
1. Street level: Construct new storefront window openings on the east elevation. Size and
configuration of the windows to be decided based on the configuration of the interior
layout.
2. 2nd floor level: Construct new rectangular window openings to match the size of those on
the front elevation. Install new aluminum clad windows to match the new replacement
windows on the front elevation.
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0
March 17, 2006
TO: Mayor and Members of the City Council ALIVE DOWNTOWN
FROM: Olufemi Folarin, City Manager
Sarosh Saher,Urban Design&Preservation Specialist
SUBJECT: Architectural Services for a Facade Improvement Project
169 East Chicago Street
PURPOSE
The purpose of this memorandum is to provide the Mayor and members of the City Council with
information to consider an agreement for architectural services for a facade improvement project
at 169 East Chicago Street.
RECOMMENDATION
It is recommended that the City Council approve the proposal by Silva Architects to provide
architectural services to restore the facade on the building at 169 East Chicago Street for a fee of
$6,500.00.
BACKGROUND
A Request for Proposal was sent to firms to provide architectural services for the project. Under
the amended Center City Area Facade Improvement Program, architectural services are paid by
the City. Services include design and cost estimates, preparation of construction documents and
specifications, and assistance with bidding and construction oversight.
The property owner, Mr. Wilde Sotomayor, proposes to rehabilitate the existing facade of the
building, addressing such items as restoring the storefront to its original configuration, masonry
cleaning,tuckpointing, window and door replacement, exterior lighting, and canopy treatments.
The architect will work with staff and the property owner to develop the design for the
restoration of the existing facade. Any further services provided by the architect will be
contingent upon City Council approval of the project, costs associated with identified
improvements, and a Facade Improvement Program Agreement being executed.
Six firms responded to the Request for Proposals. A tabulation sheet of proposals is attached.
The firm, Silva& Associates of Elgin, demonstrated the desired qualifications to provide the
.Facade - 169 East Chicago Street
March 17, 2006
Page 2
required services, and has experience with the City's Architectural and Building Codes. The
selected firm's proposal was also the lowest submitted proposal.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
Downtown Neighborhood Association (DNA).
FINANCIAL IMPACT
There are sufficient funds remaining in the 2005 Downtown Business Facade Improvement
Program, Riverboat Fund account number 275-0000-791.78-99 — Downtown Business Facade,
project number 079893, to fund the project. The fixed fee for providing the architectural services
associated with restoring the facade at 169 East Chicago Street is $6,500.00.
The total budget in the 2006 Facade Improvement Program is $75,000. To date, no funds have
been encumbered in this account.
LEGAL IMPACT
A contract between the City of Elgin and the architect will need to be prepared authorizing
architectural services for the rehabilitation of the existing facades at 169 East Chicago Street.
ALTERNATIVES
1. Approve the proposal by Silva Architects to provide architectural services to restore the
facade on the building at 169 East Chicago Street for a fee of$6,500.00.
2. Do not approve the proposal by Silva Architects to provide architectural services for the
facade improvement project at 169 East Chicago Street.
Respectfully submitted for Council consideration.
SBS/sm
Attachments:
A. Anticipated scope of services
B. Consultant bid tabulation form
Facade - 169 East Chicago Street
March 17, 2006
Page 3
Attachment A
169 E. Chicago Street- Wilde Sotomayor property owner
Proposed scope of work for facade improvements
Front facade (Facing E. Chicago Street):
Storefront:
1. Remove existing non-original storefront window frame, mansard roof awning, and bulkheads
and rebuild with new configuration as follows:
2. Build new bulkheads in wood panels installed on a frame. Optional material for the bulkhead
may include brick or other masonry of choice such as cast stone or concrete.
3. Install new clear glass storefront windows and glass transoms fitted in aluminum frames. If
the ceiling is proposed to be dropped on the interior,the transoms may be in spandrel glass to
conceal the dropped ceilings
4. New wood entry door to the storefront area with glass light. The door may be set back from
the facade of the building to provide for weather protection. Alternate material for the door
may be aluminum. Door may also be located in its current location.
2"d floor windows:
1. Remove existing 2"d floor windows and replace with new aluminum clad double hung
windows in built to fit the original openings exactly.
Existing Cornice (pressed metal)
1. Remove excess peeling paint from cornice
2. Repair material where necessary(if portions are too deteriorated to repair, duplicate and
replace deteriorated portion).
3. Prime and Paint cornice.
Brick masonry cleaning(if necessary):
1. 2nd story exterior masonry may be cleaned only if necessary. Note: Sandblasting of brick
masonry or high pressure washing with water(at pressures of 600 p.s.i. or more) is not
permitted.
2. Masonry to be tuckpointed only where necessary.
3. Caulk joints between the windows and masonry.
Rear facade
1. Clean, repair and repoint brick masonry on entire rear facade.
2. Remove existing gutters and downspouts along the rear portion of the building and replace
with new system.
3. Remove non-original deck leading up to the rear door. Deck to be replaced with new stairs
and landing leading up to rear door from rear parking stalls.
4. Replace rear door with new door and transom window above to full height of opening.
5. Replace window sashes on two lower level windows in their existing configuration to allow
for the kitchen exhaust fan to remain. (Westerly of the two windows may have new exhaust
Facade - 169 East Chicago Street
March 17, 2006
Page 4
fan installed in the future). Windows to be aluminum clad windows. Existing T-11 boards
may be replaced with new wood paneling.
6. Remove existing 2"a floor windows and replace with new aluminum clad double hung
windows in built to fit the original openings exactly.
7 2"d story door to be removed and replaced with new window. Opening size is recommended
to be retained as existing, but may receive a wood bulkhead on the lower portion to raise sill
level of new replacement window to match the remaining windows on the elevation.
8. Replace existing security lighting with new wall-mounted security lighting.
9. On the lower level (below grade)remove and replace existing stairs leading to lower level
door. Replace door with new security steel double door. Remove and rebuild ramp or stairs
leading up to the double door.
East elevation (side)
1. Street level: Construct new storefront window openings on the east elevation. Size and
configuration of the windows to be decided based on the configuration of the interior layout.
2 2"d floor level: Construct new rectangular window openings to match the size of those on the
front elevation. Install new aluminum clad windows to match the new replacement windows
on the front elevation.
Facade- 169 East Chicago Street
March 17, 2006
Page 5
Attachment B:
Bid tabulation form:
217-219 National Street- Architectural Services
FIRM BID
Silva Architects $6,500.00
168 E. Highland Avenue
Elgin, IL 60120
(847) 841-1500
Dahlquist &Lutzow $12,500.00
462 N. McLean Boulevard
Elgin, IL 60123
(847) 742-4063
Perihelion, Ltd. $15,565.00
100 E. Chicago Street, Suite 803
Elgin, IL 60120
(847) 695-7092
Thornton Tomasetti Group, Inc. $42,000.00
14 E. Jackson Boulevard, Suite 1100
Chicago, IL 60604-2209
(312) 596-2000
Aires Consulting $19,750.00
1550 Hubbard Avenue
Batavia, IL 60510
(630) 879-3006
Doyle &Associates $9,000.00
River City- Suite 503
800 S. Wells Street
Chicago, IL 60607
(312) 933-5520
Facade- 169 East Chicago Street
March 17, 2006
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