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07-70 i a Resolution No. 07-70 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH GAIL BORDEN PUBLIC LIBRARY AND HITCHCOCK DESIGN GROUP REGARDING THE FOX RIVER RENAISSANCE ALLIANCE PROJECT (Teaching Gardens and Native Habitat Restoration) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED that Ed Schock,Mayor,and Dolonna Mecum,City Clerk,be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with the Gail Borden Public Library and Hitchcock Design Group for the Fox River Renaissance Alliance Project providing for a teaching gardens and native habitat restoration project on the Fox River and on the adjacent Gail Borden Public Library properties,a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: March 14, 2007 Adopted: March 14, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk s/Jennifer Quinton Jennifer Quinton, Deputy City Clerk PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into this VAX day of , 2007, by and between the CITY OF ELGIN, ILLINOIS, a municipal corpo ation -(herein'alAer referred to as the "City"), the GAIL BORDEN PUBLIC LIBRARY DISTRICT, a body corporate and politic, organized and existing under the laws of the State of Illinois (hereinafter referred to as the "Library"), and HITCHCOCK DESIGN GROUP, an Illinois corporation (hereinafter referred to as "Consultant"). WITNESSETH WHEREAS, the City and the Library have been working in cooperation with one another in the group known as the Fox River Renaissance Alliance; and WHEREAS, Article 7, Section 10 of the Constitution of the State of Illinois, 1970, authorizes units of local government to enter into contracts to exercise, combine or transfer powers or functions not prohibited to them by law or ordinance; and WHEREAS, the Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.) authorizes units of local governments of Illinois to exercise jointly with any other public agency within the state, including other units of local government, any power, privilege, or authority which may be exercised by units of local government individually and to enter into contracts for the performance of government services, activities and undertakings; and WHEREAS, the City of Elgin is a home rule unit which may exercise any power, perform any function relating to its government affairs; and WHEREAS, the various undertakings by the City in this Agreement relate to the government affairs of the City; and WHEREAS, the City and the Library have determined that it is desirable to undertake the planning and design of a teaching gardens and outdoor native habitat restoration project on the Fox River and on the adjacent city-owned and library-owned properties (such proposed teaching gardens and outdoor native habitat restoration on the Fox River and on the adjacent city-owned and library-owned properties is hereinafter referred to as the "Project"); and WHEREAS, the City and the Library have determined that it is necessary and desirable to obtain the assistance of a professional consultant to provide engineering design services for the Project; and WHEREAS, the consultant is experienced in providing such services for river front redevelopment projects and desires to render the professional consultant services to the City and the Library. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Scope of Work Consultant shall perform and direct the necessary qualified personnel to perform the professional services for the City and Library for the teaching gardens and outdoor native habitat restoration Project as set forth in the "Scope of Services" dated January 2007 consisting of three (3) pages, attached hereto and made a part hereof as Attachment A. All work hereunder shall be performed under the direction of the City Manager of the City and the General Services Group Director of the City and the Executive Director of the Library. Consultant shall be entitled to rely upon the accuracy and completeness of information and reports furnished by the City and the Library. 2. Time Schedule and Term Consultant shall perform and complete the various services and tasks in Attachment A within 120 days of the entry into this Agreement. Changes in the scope of work as directed by both the City and the Library, timing of decisions by the City and the Library, timing of approvals by authorities having jurisdiction over the project and other events outside the control of the Consultant may, however, affect the time line. Other alterations to the time line may be made by mutual written agreement of the parties. The term of this agreement shall commence upon execution hereof and shall continue until Consultant shall have performed and completed all of the services to be provided in this Agreement. 3. Fees A. Payments for services provided by the Consultant shall be reimbursed at the hourly rate of its professional and technical personnel as set forth in Attachment C attached hereto and made a part hereof by this reference, with the total fees and expenses to be paid consultant not to exceed Fifty-Two Thousand Five Hundred Dollars ($52,500) regardless of actual time expended or actual costs incurred by the Consultant unless material modifications to the projects are authorized in writing by the City and the Library and approved by the City Council for the City and approved by the Library Board of Trustees for the Library. Consultant's time and cost estimates for the various aspects of the services to be performed is set forth in Attachment C attached hereto and made a part hereof by this reference. B. Incidental expenses incurred by the Consultant in the performance of the services pursuant to this agreement, such as by way of example, travel to and from Elgin or Consultant team offices, photocopies, check prints of work in process exchanged between team members and computer time, are included in the above not-to-exceed total fee of$52,500. Also included in the above not-to-exceed total feje of $52,500 are reimbursable out-of-pocket expenses incurred by the Consultant for deliverables, such as photocopies, photography, diazo, large format copies of maps, reproducible mylars, digital color output of summary reports, -2- permits and courier service when requested by the City or the Library. Such reimbursable out-of-pocket expenses that are invoiced to the Consultant through a third party vendor, that are subsequently invoiced to the City and the Library, are subject to a multiple of 1.15 of the invoice amount. C. Consultant shall submit invoices in a format approved by the City and the Library. It is agreed and understood that the City and the Library are sharing equally in the fees and expenses to be paid to the Consultant pursuant to this Agreement. Each invoice submitted by the Consultant shall therefore be directed to both the City and the Library with the City paying one-half of each invoice and the Library paying one-half of each invoice. Progress reports will be included with all payment requests. The Consultant shall maintain records showing actual time devoted and costs incurred. The Consultant shall permit the City and/or the Library to inspect and audit all data and records of the Consultant for work done and expenses incurred pursuant to this agreement. The Consultant shall make these records available at reasonable times during the agreement period, and for a year after expiration or termination of this agreement. 4. Rights in Results of Services The results of Consultant's services under this agreement shall be the exclusive property of City and the Library, and all documents (including, without limitation, all writings, drawings, blueprints pictures, recordings, computer or machine-readable data, and all copies or reproductions hereof) which describe or relate to the services performed or to be performed pursuant to this agreement or the results thereof, including, without limitation, all notes, data, reports or other information received or generated in the performance of this agreement shall be the exclusive property of City and the Library and shall be delivered to City and the Library upon request of either the City and/or the Library (except for one copy, which may be retained by Consultant for its confidential files). No articles, papers, treatises, or presentations related to or in any way based upon or associated with the services performed pursuant to this agreement shall be presented or submitted for publication without the prior written consent of City and the Library. It is agreed that the results of Consultant's services and the work product provided under this Agreement are not intended or represented to be suitable for reuse by the City and/or the Library on any project not contemplated by this Agreement and such reuse shall be without liability to the Consultant. 5. Other Agreements Consultant warrants that it is not a party to any other existing or previous agreement which would prevent Consultant from entering into this agreement or which would adversely affect Consultant's ability to perform services under this agreement. During the term of this agreement, Consultant shall not, without the prior written consent of City and the Library, perform services,for any persons, firm or corporation other than the City or the Library if such services could foreseeable lead to a conflict with Consultant's obligations under this agreement. -3- 6. Subcontracting If Consultant intends to hire or retain any person, firm or corporation to perform services under this agreement, Consultant shall first secure the written agreement of such party that such party (1) shall assume and agree to be bound by the same obligations as Consultant has assumed under the provisions of this agreement, and (2) that such party shall not be or act as an agent or employee of City or the Library, nor assume or create a commitment or obligation on behalf of nor bind City or the Library in any respect whatsoever. Consultant shall provide City and the Library with a copy of each such written agreement. Prior to subcontracting, Consultant shall obtain prior written approval of the City and the Library for each individual subcontractor. The City or the Library shall have the right to refuse approval of any subcontractor for any reason. Any fees, payments or other costs associated with any subcontractor or other persons or firm shall be at the sole cost of the Consultant payable from the fees and expenses the City and the Library are paying to Consultant pursuant to this agreement. 7. Assignment Neither this agreement nor any of the rights or obligations hereunder may be assigned or otherwise transferred by Consultant, nor shall the benefits of this agreement inure to the benefit of any trustee in bankruptcy, receiver or creditor of either party, except as may be required by law, whether by operation of law or otherwise, without the prior written consent of either party. Any attempt to assign or transfer this agreement or any rights hereunder without such consent shall be null and void and of no force or effect. 8. Independent Contractor Consultant is and shall perform its services under this agreement as an independent contractor, and shall not be deemed an agent, employee or legal representative of City or the Library. Consultant has no authority to assume or create any commitment or obligation on behalf of or to bind City or the Library in any respect whatsoever. 9. Licenses Consultant shall obtain at its cost any and all licenses required by federal, state, or local statutes, regulations or ordinances necessary for the performance of its services pursuant to this agreement. 10. Compliance with Laws Consultant shall at all times impose work orders on its employees and subcontractors which are designed to assure that they comply with all applicable federal, state and local -4- laws and regulations (including, but not limited to, occupational safety, prevailing wage and environmental protection statutes and regulations) in performing services hereunder, and shall comply with any directions of governmental agencies and City or Library relating to site safety, security, traffic or other matters. Failure to comply with this section shall constitute a material breach of this agreement, and shall entitle City and/or the Library to terminate this agreement upon ten (10) days written notice without penalty to City or the Library. 11. Indemnification of City and Library Consultant shall hold harmless and indemnify City and the Library from and against any and all suits, causes of action, claims for damages, damages and any other liability to the extent caused by the negligent acts of the Consultant, its collaborating firms, its subcontractors or agents or employees of any of them in the performance of this agreement. 12. Force Majeure The Consultant shall not be liable to the City and the Library for any failure, delay or interruption of service or for any failure or delay in the performance of any obligation under this agreement due to strike, walkouts, acts of God, governmental restrictions, enemy actions, civil commotion, unavoidable casualty, unavailability of fuel or parts or other similar acts beyond the reasonable control of the Consultant. 13. Consultant's Insurance Consultant shall obtain and maintain the following policies of insurance: (1) Worker's compensation and occupational disease insurance in amounts required under the laws of the State of Illinois; (2) Comprehensive general liability and automobile liability insurance for bodily injury, death or loss of or damage to property of third persons in the minimum amount of $1 million per occurrence which policy shall name City and the Library as additional insured. Consultant shall furnish to City of Elgin and the Library a certified copy of such policies concurrently with the execution of this agreement. (3) Professional liability insurance for errors and omissions in the minimum amount of $1 million per occurrence and in aggregate. Consultant shall furnish to the City and the Library a Certificate of Insurance as evidence of such policy concurrently with the execution of this agreement. -5- 14. Severability The parties intend and agree that if any portion of this agreement, or application thereof to any person or circumstance, shall to any extent be deemed to be invalid, void, or otherwise unenforceable for any reason, the remainder of this agreement, and the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby, and each provision of this agreement shall be valid and shall remain in full force and effect. 15. Governing Law 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. 16. Termination The City or the Library may by written notice to the Consultant terminate the whole or any part of this agreement if the Consultant fails to make delivery of the services within the time specified herein or any extension thereof. or if the Consultant fails to perform any of the other provisions of the contract, or fails to make progress so as to endanger performance of this agreement in accordance with its terms, and in either of these two circumstances does not cure such failure within ten (10) days (or such longer period as the City or the Library may authorize in writing) after receipt of notice from the City or the Library specifying such failure. Notwithstanding any other provision hereof, the City or the Library may also 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 payment and reimbursement shall not exceed the total amount set forth under Paragraph 3 above. 17. Additional Provisions This agreement includes those additional provisions contained in Attachments D, E, F and G relating to a tax/collusion/disbarment/prevailing wage affidavit, equal employment commitment guidelines, affirmative action employee utilization, and sexual harassment policy. Such attachments shall be completed by the Consultant concurrently with Consultant's execution of this Agreement. 18. News Releases The Consultant may not issue any news releases without prior approval from the City and the Library, nor will the Consultant make public proposals developed under this agreement without prior written approval from the City and the Library prior to said documentation becoming matters of public record. -6- 19. Entire Agreement This agreement contains the entire understanding and agreement between the parties hereto with respect to the subject matter hereof and supersedes all previous communications, negotiations and agreements, whether oral or written, between the parties hereto with respect to such subject matter, and no additions to or modifications of this agreement or waiver of any provisions of this agreement shall be binding on either party unless made in writing and executed by the City and the Library. 20. Notices Communication to the Consultant means notice in writing to William Inman, Senior Vice-President, Hitchcock Design Group, 221 W. Jefferson Avenue, Naperville, IL 60540. Communications to the City means notice to the contracting officer in writing to the City Manager, Olufemi Folarin, and General Services Group Director, David Lawry, City of Elgin, 150 Dexter Court, Elgin, IL 60120. Communication to the Library means notice in writing to Carole Medal, ExecutiveDirector, Gail Borden Public Library District, 270 North Grove Avenue, Elgin, IL 60120. All notices shall be required to be in writing and should be served on the parties at the above listed addresses. A notice to any party shall be served on all parties to this agreement. The mailing of notice by registered or certified mail, return receipt requested, or personal delivery by courier service shall be sufficient service. 21. No Personal Liability No officer, director, or employee of the City, the Library or of the Consultant shall be personally liable for the fulfillment of the conditions of this agreement. 22. Cost and Quantity Opinions In providing opinions of probable construction cost, the City and the Library understands that the Consultant has no control over the costs or availability of labor, equipment or materials, or over market conditions or the contractor's method of pricing, and that the Consultant's opinions of probable construction costs are made on the basis of the Consultant's professional judgment and experience. The Consultant makes no warranty, express or implied, that the bids or the negotiated cost of the work will not vary from the Consultant's opinions of probable construction cost. 23. Standards of Care In providing services under this agreement, the Consultant shall endeavor to perform in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. -7- 24. 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 or the Library. 25. 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 and the Library. 26. 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. 27. 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. 28. 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 of in a duly executed amendment hereof, or change order as herein provided. -8- 30. Cooperation with Other Consultants The Consultant shall cooperate with any other consultants in the City's or the Library's employ or any work associated with the Project. IN WITNESS WHEREOF, the parties hereto have entered into and executed this agreement on the date and year first written above. CITY OF ELGIN HITCHCO ,-,DESIGN UP By Mayor (0jn1#vJ Attest: GAIL BORDEN PUBLIC 6" �j LIBRARY DISTRICT City Clerk By--��b r. It President - V'c e Attest: EJCEGu TivE �I Q,5C_7 � FALegal Deli!\Agreement\FoxRiverRenaissance-GailBorden-Hitchcock-clean-2-21-07.doc -9- 0 Hitchcock Design Group Creating Better Places' Scope of Services A. Program Phase We will: 1. Meet with you and conduct a kick-off meeting with staff and other stakeholders,as arranged and invited by you. Including,at a minimum,discussion of the following agenda: a. Contact person definition b. "Working Group"definition c. Library Board,Library Foundation,Learning Garden Committee and City Council participation d. Design team roles e. Confirm sequence of tasks f. Project goals g. Preliminary"earning outcome"ideas h. Available site information i. Current environmental based library programs j. Budget and funding strategy k. Schedule milestones I. Communication and coordination between parties m. other administrative considerations 2. Summarize and distribute written information obtained at the kick-off meeting including a full roster of project participants and a detailed bar-chart schedule. B. Research and Analysis Phase We will: 1. Gather readily available existing data including: a. Boundary,topographic and tree survey information b. Subsurface conditions report c. Site plan and building floor plans d. Documentation of project to date e. Grand Victoria Foundation information f. Floodplain,floodway and wetland information 2. Visit and digitally photograph the project site and surrounding areas. Inventory the property and note apparent conditions,styles and relationships. 3. Utilizing information understood to date,prepare an Existing Conditions Plan highlighting the physical opportunities and constraints. 4. Facilitate programming workshop (could be combined with KO meeting)with members of the Working Group,Learning Garden Committee,Library Foundation,Library Board and City Council,as invited and arranged by you,to determine draft list of goals,learning outcomes,preferences and program elements. 5. Prepare written Project Program and distribute as directed. Fox River Renaissance Alliance,Gail Borden Library,City of Elgin Page I of 3 January,2007 TMc.hing Gardens and Native Habitat Restoration Attachment A C. Schematic Design Phase Using the information known to date,Hitchcock Design Group will: 1. Prepare the first iteration of the Schematic Design illustrating the scale,type and organization of the garden's improvements,the circulation between them and their general appearance. Several ideas will be explored in this initial design period to: a. Test the project area's ability to meet the project goals b. Identify multiple methods of achieving learning outcomes at different levels c. Illustrate different cost approaches d. Help identify client preferences 2. Document the schematic design using quality graphics including: a. Plan view drawings at appropriate scales b. Site cross sections c. Perspective character sketches d. Photographic examples from other projects e. Written"working criteria"to help support ideas. 3. Develop(and update throughout the process)a preliminary construction cost opinion that assigns dollars to various conceptualized ideas to facilitate discussions regarding: a. Design preferences vs.cost b. Funding c. Phasing 4. Meet with the"Working Group"to review the initial Schematic Design Documents and supporting information. Meet with this group up to four(3)times to discuss idea advancement and refinement. 5. Prepare jurisdictional determination memo identifying regulatory agency involvement,timelines and costs based on the proposed development program. 6. Provide a method for stakeholders to offer ongoing feedback including: a. Develop a project website and regularly post in-progress Schematic Design Documents(3 updates planned during the schematic design phase. To occur following each Working Group meeting). b. Provide a reserved email address to provide stakeholders with a method to offer ongoing feedback as the design solutions are refined. Summarize email commentary periodically and provide written summation memos. c. Email notifications(email addresses provided by you)when updates are posted. 7. Following the Working Group's approval,prepare a PowerPoint presentation in preparation for the Design Input Meetings,which include color presentation graphics,a digital presentation of the property,design process and feedback to date. 8. Prepare for and conduct the Design Input Meetings with,as directed by you. Joint meetings are preferred for continuity of the exchange of information and feedback. We have budgeted for two(2)presentation within the proposed fee: a. Learning Garden Committee b. Library Board c. Library Foundation d. City of Elgin City Council 9. Summarize the meetings by creating the Design Input Meeting Report, which includes raw data, attendee list,and conclusions. Forward information in a meeting summary format tUou. Fox River Alliance,Gail Borden Library,City of Elgin Page 2 of 3 January,2007 Teaching Garden and Native Habitat Restoration at the Gail Borden Library D. Master Plan Phase Using the information known to date,we will: 1. Incorporate the comments generated at the Design Input Meeting,as approved by you,and finalize the Schematic Design. 2. Meet with the Working Group to review the final Schematic Design Documents. 3. Prepare Final Master Plan Document(bound booklet)including: a. Cover letter to funding entity(Grand Victoria Foundation) b. Written executive summary of the master plan(goals,objectives,solutions,cost summary) c. Presentation graphics i. Master color plan view of garden with labels ii. Aerial perspective of main garden space iii. Collage of character sketches and photographs d. Final Opinion of Probable Construction Cost e. Support information i. Site analysis ii. Stakeholder feedback 4. Forward(3)hard copies of the Final Master Plan Documents to you for review and comment. 5. Post Final Master Plan Documents on the project web site. ' 6. Based on comments received,make minor revisions to the Final Master Plan documents. E. Grant Application Coordination Phase Based on the approved final master plan,we will: 1. Meet with a Grand Victoria Foundation representative to discuss the project. 2. Obtain and prepare the required documents for the grant submittal package. 3. Answer incidental questions posed by the grant administrator. Optional,Additional Services If circumstances arise during our performance of the services outlined which we believe require additional services, we will promptly notify you about the nature,extent and probable additional cost of the additional services,and perform only such additional services following your written authorization. Optional Services might include: 1. Additional meeting or presentations 2. Additional grant applications Fox River Alliance,Gail Borden Library,City of Elgin Page 3 of 3 January,2007 Teachin Garden and Native Habitat Restoration at the Gail Borden Library ATTACHMENT C Consultant's Hourly Rates for Professional and Technical Personnel -12- Hitchcock Design Group C.r<;Trting Better Places Standard Rates Effective April 24, 2006 For projects or phases that are invoiced on an hourly basis, we track and invoice time based on the activity performed rather than the salary of the person performing the activity. That way,we are compensated for the value of the service instead of the cost of the service. We track eight different activities based on the complexity and the experience required to perform each activity. Our eight current activity rates are: Project Leadership $160.00/hr. Project Management $115.00/hr. Construction Administration s110.00/hr. Project Planning s110.00/hr. Project Design $100.00/hr. Construction Observation $90.00/hr. Project Documentation $70.00/hr. Project Support s 60.00/hr. Other Project Expenses In addition to our standard hourly rates,we invoice authorized sub-consultant fees,service bureaus,travel and reproduction expenses,at our cost plus a 15%mark up. Attachment C CITY OF ELGIN, ILLINOIS TAX/COLLUSION/DEBARMENT/PREVAILING WAGE AFFIDAVIT State of Illinois ss. County of DuPage county William L. Inman , being first duly sworn, deposes and says: That s/he is vice-President of the firm of the party making the foregoing bid and that the bidder is not barred from contracting with any unit or local government as a result of a violation of 720 Illinois Compiled Statutes, Section 5/33E-3 or 5/33E-4, as amended; and, no collusion or agreement among other bidders or prospective bidders to bid a fixed price or otherwise restrain freedom of competition by agreement has taken place; and, bidder is not delinquent in the payment of any tax administered by the Illinois Department of Revenue unless there is a pending proceeding contesting the tax. The bidder also certifies that it shall comply, where applicable, with the Prevailing Wage Act 820 ILCS 130/0.01 et seq. Signature of Bidder, if an individual: Signature of Bidder, if a partnership: Subscribed and sworn to before me this I-v' day of 20 D7 Signa id oration: My co iss'on expires: OL I SE f ILLINOIS Secretary 4•tl.A— 1 Attachment D CITY OF ELGIN, ILLINOIS, EQUAL EMPLOYMENT WRITTEN COMMITMENT GUIDELINE The written commitment required in Item #4 of the Bidder's Employee Utilization Form shall: 1. Set out the name and phone number of the bidder's Equal Employment Officer. 2. Clearly identify the bidder's recruitment area and the percentage of minorities and females in the area's population and labor force. 3. Set out what the bidder has done and has set as a goal to ensure the recruitment of minority and female employees. 4. Set out the bidder's specific goals to recruit minorities and females for training programs or other similar opportunities available through the bidder's organization. 5. Indicate bidder's consent to submit to the City of Elgin, upon request, statistical data concerning its employee composition and recruitment efforts anytime during the term of the contract. 6. Show bidder's consent to distribute copies of the written commitment to all persons who participate in recruitment, screening, referral, and selection and hiring of job applicants for the bidder. 7. Clearly show that the bidder shall require all subcontractors, if any, to submit a written commitment complying with the above requirements of their affirmative action plan to the City of Elgin. 8. Clearly state the bidder agrees that: "Bidder (company name) shall not discriminate against any employee or applicant on the basis of race, color, religion, sex, national origin, age, place of birth, ancestry, martial status, or disability (physical or mental) which will not interfere with the performance of the job in question." Description of Groups for Classification Purposes White: all persons having origins in Europe,North America, or the Middle East Black: all persons having origins in any of the Black racial groups of Africa Hispanic: all persons of Mexican, Puerto Rican, Cuban, Central South American, or other Spanish culture or origin,regardless of race Asian American: all persons having origins in the Far East, Southeast Asia, the Indian subcontinent, or the Pacific Islands American Indians: all persons having origins in any of the original peoples of North America who maintain cultural identification through tribal affiliation or community recognition Attachment E CITY OF ELGIN, ILLINOIS, BIDDER'S EMPLOYEE UTILIZATION FORM This report is required by the City of Elgin and must be submitted before the contract can be awarded, Chapter 3.12.1000 Affirmative Action - City Contracts 1. Name and Address of Bidder Description of Project e �t �+ (04L% dtvk Rwttr. U1om1y Zl W• �) C�rs•h le.4"5 iuJ o,,rUer ��enrRle., U.. (�.�o ,nee ab - tC�•fn. JOB Total Whites Blacks Hispanics Asians or American Minority Female CATEGORIES Employees Pacific Indians (M&F) (All Islanders Categories) M / F M / F M / F M / F M / F Example: 18 3 5 3 2 4 1 55.6% 44.4% Managers (10/18) (8/18) 6 1 14 . 3% Principals 6 6 p Sr Assoc. 9 7 2 22. 2% ssociate 17 71 8 1 11. 8% 52. 9% Jr Assoc. 13 5 7 1 7 . 7% 61. 5% TOTALS 52 1 18 1 2 5. 8% 38 . 5% f co ny Official Title Telephone Number Date Signed Page 2. Hav been awarded a bid by the City of Elgin? Yes No 3. If the answer to question#2 is Yes,please submit.a copy of the Employee Utilization Form that was submitted with your last successful bid along with a fully completed copy of this form. 4. If the statistical data provided above shows underutilization of minorities and/or females please submit, according to the guideline provided in the attached document, a written commitment to provide equal employment opportunity. i NOTE: In the event that a contractor or vendor, etc., fails to comply with the fair employment and affirmative action provisions of the ;City of Elgin, the City, amongst other actions, may cancel, terminate, or suspend the contract in whole or in part. i f I IAttachment F �p'95 FIUMI�,��t City of Elgin, Illinois Sexual Harassment - - Policies and Programs Effective July 1, 1993, every party to any contract with the City of Elgin and every eligible bidder is required to have written sexual harassment policies that include, at a minimum, the following information: • the illegality of sexual harassment • the definition of sexual harassment under state law • a description of sexual harassment, utilizing examples • a vendor's internal complaint process including penalties and a description of the means by which complaining parties may complain directly to management personnel other than the alleged harassing individual • the legal recourse, investigative and complaint process available through the Illinois Department of Human Rights, and the Illinois Human Rights Commission • directions on how to contract the department and commission • protection against retaliation as provided by Section 6-101 of the Human Rights Act I hereby affirm that the organization which I represent has in place sexual harassment policies which include the required information set fourth above, and I hereby agree to furnish the City of Elgin - Human Resources Department with a copy of these cies if they so request. Signature/Titles- •�'�_� '� Company Date 2 • y'! *007 Sexual harassment is defined as follows: "Sexual harassment" means any unwelcome sexual advances or requests for sexual favors or any conduct of a sexual nature when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, (2) submission to or rejection of such conduct by an individual is used as a basis for employment decisions affecting such individual, or (3) such conduct has the purpose or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment. Any questions by contracting parties or eligible bidders concerning compliance with these requirements should be directed to the City of Elgin - Human Resources Department at (847) 931-5618. Attachment G i The undersigned, on behalf of the undersigned company, hereby agrees to fully indemnify and hold the City of Elgin harmless from any and all liability, loss or damage including costs of defense or claim, demands, costs of judgment against it arising from any complaint based on unlawful harassment and/or employment action, including, but not limited to termination, based on any protected category as provided by law, including, but not limited to, sexual harassment, resulting from the act of any member of my organization in the performance of this contract. Signature/Title Vio-pies rJ*4r— Company dXieWP Date 2 -2-V2 .G21 ti � — City of Elgin Agenda Item No. MEEK February 9, 2007 TO: Mayor and Members of the City Council , RIVER AS A RESOURCE FROM: Olufemi Folarin, City Manager William A. Cogley, Corporation Counsel SUBJECT: Proposed Agreement with Hitchcock Design Group and the Gail Borden Public Library Regarding the Fox River Renaissance Alliance Teaching Gardens and Native Habitat Restoration Project PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council information on a proposed agreement with Hitchcock Design Group and the Gail Borden Public Library regarding the Fox River Renaissance Alliance Project providing for a teaching gardens and native habitat restoration project on the Fox River and on the adjacent city and Gail Borden Public Library properties. RECOMMENDATION It is recommended that the City Council approve the proposed agreement between the City of Elgin,the Gail Borden Public Library, and Hitchcock Design Group in the amount of$26,250. BACKGROUND The Fox River Renaissance Alliance Group includes the City of Elgin and the Gail Borden Public Library. The city and the library have been contemplating improvements to the Fox River and on the adjacent City of Elgin and Gail Borden Library properties to provide for a teaching gardens and outdoor native habitat restoration. The city has been represented in the Fox River Alliance Group by Councilman David Kaptain. The Fox River Renaissance Alliance has interviewed and selected Hitchcock Design Group as a proposed consultant to provide the engineering and design services for the research and analysis phase, schematic design phase, master plan preparation phase and grant application coordination phase for the project. Attached is a copy of the Hitchcock Design Group proposal dated January 19, 2007, which details the proposed scope of services for these phases of the project. Total fees and reimbursable expenses for these services will not exceed $52,500. The city and the Gail Borden Library are proposing to share equally in the payment of these costs with the city's share therefore being$26,250. Proposed Agreement with Hitchcock Design Group and the Gail Borden Public Library February 9, 2007 Page 2 COMMUNITY GROUPSANTERESTED PERSONS CONTACTED None FINANCIAL IMPACT The city's costs for the proposed agreement would be in the amount of $26,250. A budget transfer of $26,250 will be necessary to fund this initiative. A transfer from account number 275-0000-791.47-00 "Special Events Expense" where sufficient funds have been budgeted ($225,000) and are available ($225,000) is recommended. This project will be established in the Riverboat Fund, account number 275-0000-791.30-99, project number 039694, "Fox River Renaissance Project". \ /,,/LEGAL IMPACT A proposed professional services agreement between the city, the Gail Borden Public Library and Hitchcock Design Group incorporating the Hitchcock Design Group proposal has been prepared and transmitted to the Gail Borden Public Library and Hitchcock Design Group. The proposed agreement would require an exception to the procurement ordinance. ALTERNATIVES 1. The Council may choose to approval of the proposed agreement with Hitchcock Design Group and the Gail Borden Public Library as presented or in an amended form. 2. The Council may choose not to approve an agreement for this project. Respectfully submitted for Council consideration. mg Attachment