07-39 Resolution No. 07-39
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
LAND VISION, 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 Land Vision, Inc. for
professional services in connection with an engineering and land management plan for development
between Grove Avenue and the Fox River,a copy of which is attached hereto and made a part hereof
by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: February 14, 2007
Adopted: February 14, 2007
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
s/Jennifer Quinton
Jennifer Quinton, Deputy City Clerk
AGREEMENT
THIS AGREEMENT is made and entered into this 1- ' day of ae. ,
2007 , by and between the CITY OF ELGIN, an Illinois munici al
corporation (hereinafter referred to as "CITY" ) and LAND VISION,
INC . , an Illinois corporation (hereinafter referred to as
"CONSULTANT" ) .
WHEREAS, the CITY desires to engage the CONSULTANT to furnish
certain professional services in connection with an engineering and
land management plan for development between Grove Avenue and the
Fox River (hereinafter referred to as the PROJECT) ; and
WHEREAS, the CONSULTANT 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
CONSULTANT that the CITY does hereby retain the CONSULTANT 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 consulting matters involved in the PROJECT,
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 Assistant City Manager of the CITY, herein after
referred to as the "DIRECTOR" .
B. Provide a detailed engineering and land management plan
which will examine key land planning principles and
develop concepts for future consideration; also sub-
contract to provide engineering services to identify the
extent of flood plain and stormwater management options
for the proposed development .
C . A detailed Scope of Services is attached hereto as
Attachment "A" .
2 . PROGRESS REPORTS
A. An outline project milestone schedule is provided
hereinunder :
02/19 - Draft Concept Plan
03/01 - First revisions of Concept Plan and first draft
of development guidelines
03/19 - Final revised draft of development guidelines
03/26 - Final deliverables
3 . WORK PRODUCTS
All work products prepared by the CONSULTANT 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 DIRECTOR provided,
however, that the CONSULTANT 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 CONSULTANT.
4 . PAYMENTS TO THE CONSULTANT (Not To Exceed Method)
A. For services provided the CONSULTANT shall be paid at the
direct hourly rate of personnel employed on this PROJECT,
with the total fee not to exceed Seventy-seven Thousand
Five Hundred Dollars ($77 , 500 . 00) regardless of the
actual costs incurred by the CONSULTANT unless
substantial modifications to the scope of the work are
authorized in writing by the DIRECTOR.
B . For outside services provided by other firms or
subconsultants, the CITY shall pay the CONSULTANT the
invoiced fee to the CONSULTANT, which such invoiced fees
shall constitute and be construed as inclusive with and a
portion of the aforementioned $77, 500 not-to-exceed fee .
C. All reimbursable expenses shall be itemized and
reimbursed to CONSULTANT; provided, however, that such
reimbursable expenses shall constitute and be construed
as inclusive with and a portion of the aforementioned
$77 , 500 not-to-exceed fee . Reimbursable expenses shall
be those expenses reasonably arising out of or in
connection with CONSULTANT ' S work on the PROJECT which
are not fees .
5 . INVOICES
A. The CONSULTANT shall submit invoices in a format approved
by the CITY. Progress reports (2C above) will be
included with all payment requests .
B. The CONSULTANT shall maintain records showing actual time
devoted and cost incurred. The CONSULTANT shall permit
the authorized representative of the CITY to inspect and
audit all data and records of the CONSULTANT for work
done under this Agreement . The CONSULTANT shall make
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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 CONSULTANT. In the event that this
Agreement is so terminated, the CONSULTANT 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, unless terminated for cause or pursuant
to Section 6, be deemed concluded on the date the CITY
determines that all of the CONSULTANT ' 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 CONSULTANT wishes to make a claim for additional
compensation as a result of action taken by the CITY, the
CONSULTANT 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 CONSULTANT' s fee shall be valid only to the extent that
such changes are included in writing signed by the CITY and
the CONSULTANT. Regardless of the decision of the DIRECTOR
relative to a claim submitted by the CONSULTANT, all work
required under this Agreement as determined by the DIRECTOR
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 .
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10 . INDEMNIFICATION
To the fullest extent permitted by law, CONSULTANT 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
CONSULTANT in connection herewith, including negligence or
omissions of employees or agents of the CONSULTANT 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
A. Comprehensive Liability. The CONSULTANT 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 CONSULTANT 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 CONSULTANT 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.
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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 , 000 per occurrence subject to a $1 , 000 , 000
aggregate .
D. Professional Liability. The CONSULTANT shall carry
CONSULTANTS ' 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 DIRECTOR as evidence of insurance
protection. The policy shall not be modified or
terminated without thirty (30) days prior written notice
to the DIRECTOR.
13 . CONSTRUCTION MEANS, METHODS, TECHNIQUES, SEQUENCES, PROCEDURES
AND SAFETY
The CONSULTANT 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.
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.
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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 CONSULTANT shall remain liable to the CITY
with respect to each and every item, condition and other
provision hereof to the same extent that the CONSULTANT 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 .
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.
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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 CONSULTANT may not issue any news releases without prior
approval from the DIRECTOR, nor will the CONSULTANT make
public proposals developed under this Agreement without prior
written approval from the DIRECTOR prior to said documentation
becoming matters of public record.
23 . COOPERATION WITH OTHER CONSULTANTS
The CONSULTANT shall cooperate with any other consultants in
the CITY ' s employ or any work associated with the PROJECT .
24 . INTERFERENCE WITH PUBLIC CONTRACTING
The CONSULTANT 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 CONSULTANT 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 .
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A copy of the policies shall be provided by CONSULTANT to the
Department of Human Rights upon request 775 ILCS 5/2-105 .
26 . WRITTEN COMMUNICATIONS
All recommendations and other communications by the CONSULTANT
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 CONSULTANT 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 :
A. As to CITY :
Sean R. Stegall
Assistant City Manager
City of Elgin
150 Dexter Court
Elgin, Illinois 60120-5555
B . As to CONSULTANT :
28 . COMPLIANCE WITH LAWS
Notwithstanding any other provision of this CONTRACT it is
expressly agreed and understood that in connection with the
performance of this AGREEMENT that the CONSULTANT shall comply
with all applicable Federal , State, City and other
requirements of law, including, but not limited to, any
applicable requirements regarding prevailing wages, minimum
wage, workplace safety and legal status of employees .
CONSULTANT shall also at its expense secure all permits and
licenses, pay all charges and fees and give all notices
necessary and incident to the due and lawful prosecution of
the work, and/or the products and/or services to be provided
for in this AGREEMENT . "
IN WITNESS WHEREOF, the undersigned have placed their hands and
seals upon and executed this Agreement in triplicate as though each
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copy hereof was an original and that there are no other oral
agreements that have not been reduced to writing in this statement .
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SCOPE OF SERVICES
Land Vision, Inc. (LVI) will coordinate with the project civil engineer, Christopher B. Burke
Engineering West, Ltd. (CBBEWL) to assemble a base map which will identify any portions of
the property which cannot be developed due to floodplain permitting concerns or storm water
management needs for the parcel. Consideration will be given for the potential of upstream
compensatory storage in order to maximize the subject properties development potential. LVI
staff and CBBEWL staff will conduct a site visit/site walk as part of the site analysis process.
Draft Concept Plan & Development Guidelines
LVI will utilize the engineering analysis and begin to refine the previously completed concept
plan. The design development phase will allow for options on a variety of product mix including
single family detached homes (several lot sizes), attached single family homes
(townhomes/townhouses) and possibly limited condominium homes towards the south end of the
subject parcel. Alternate sites will be considered as overlay onto the subject property to evaluate
additional parcels that may be added in the future.
A draft concept plan will be created illustrating the development plan including proposed
roadway layout, pedestrian circulation, lot sizes/areas, lot dimensions, as well as a draft concept
plan for the riverfront park area. Note that the riverfront park will incorporate the war memorial,
designed by others, anticipated to be located at the south edge of the subject property near the
library parcel and adjacent to the extended river walk/bike trail.
LVI will also develop draft basic standards to convey the urban design principles necessary to
compliment the plan and differentiate this development. These principles will include suggested
architectural styles, streetscape design including build to lines and building placement on lots.
The urban design principles will reflect on existing adjacent historical neighborhoods as well as
the site and river frontage.
Final Concept Plan & Development Guidelines
Following the completion of the draft and staff input, Land Vision, Inc. will continue design
development work to refine the plan and development guidelines to create a Final Concept Plan
to be incorporated into the Request for Proposal intended to be distributed to potential
developer/builders for the subject parcel that defines the riverfront residential neighborhood.
3D Design & Photo Simulation
LVI will complete presentation qualify graphics for use in PowerPoint presentations as well as
booklets or RFP materials. Land Vision, Inc. will provide a 3D aerial rendering as well as
several ground elevation renderings to illustrate the proposed new neighborhood. The aerial
rendering will illustrate the new neighborhood in context to the adjacent existing conditions.
The ground base perspectives will illustrate strategic views of the development.
Attachment "A"
AP
Presentation Graphics & Public Meetings
LVI will create a PowerPoint presentation and necessary graphics for use at public meetings.
LVI and CBBEWL staff will attend public meetings as required by the client.
Graphic Design for Developer RFP
LVI will assist the City with the assembly of the RFP to be distributed to developers. LVI will
provide graphic design work for the RFP incorporating project graphics and verbal information
provided by the City of Elgin staff.
F VLegal Dept\Agreement\Engineering Agreement-Land Vision-Scope of Services-Attachment A.doc
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