16-23 Resolution No. 16-23
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT
WITH DEWBERRY ARCHITECTS FOR ARCHITECTURAL SERVICES
IN CONNECTION WITH THE CIVIC PLAZA REPLACEMENT PROJECT
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 BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are
hereby authorized and directed to execute an Agreement on behalf of the City of Elgin with
Dewberry Architects for architectural services in connection with the Civic Plaza Replacement
Project, a copy of which is attached hereto and made a part hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: February 24, 2016
Adopted: February 24, 2016
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
•
•
City of in
Building Maintenance Department
Rich Hoke, Building Maintenance Superintendent
1900 Holmes Road
Elgin, IL 60123
E LG I N
M
THE CITY IN THE SUBURBS`
Professional Services Agreement
Architectural Services
City Hall Plaza Replacement
AGREEMENT
THIS AGREEMENT is made and entered into this 24 day of February, 2016,by and between the
CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY") and
Dewberry Architects, an Illinois corporation(hereinafter referred to as "ARCHITECT").
WHEREAS, the CITY desires to engage the ARCHITECT to furnish certain professional
architectural services in connection with the CITY'S Civic Plaza Replacement Project(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 ARCHITECTURAL matters involved in the PROJECT as described herein, 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 Building
Maintenance Superintendent,hereinafter referred to as the "DIRECTOR".
B. The ARCHITECT shall provide to the CITY the various architectural,construction
documentation and construction administration services for the Project including
surveying the land (topography) to verify existing conditions; survey of existing
electrical and development of a lighting plan; creating a set of documents for the
Project suitable for bid, permit and construction purposes; and construction
administration.
C. A detailed Scope of Services for the Project is attached hereto and made a part
hereof as Attachment A.
2. PROGRESS REPORTS
A. The ARCHITECT shall provide the services according to the schedule as outlined
in Attachment A attached hereto.
B. Progress will be recorded on the agreed upon project schedule for each individual
project as outlined on Attachment A and submitted monthly as a component of the
Status Report described in C below.
C. The ARCHITECT will submit to the DIRECTOR monthly a status report keyed to
the project schedule. A brief narrative will be provided identifying progress,
findings and outstanding issues.
3. WORK PRODUCTS
All work product 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 DIRECTOR; provided, however that the ARCHITECT may retain
copies of such work product for its records. ARCHITECT'S execution of this Agreement
• shall constitute ARCHITECT'S conveyance and assignment of all right, title and interest,
including but not limited to any copyright interest,by the ARCHITECT to the CITY of all
such work product prepared by the ARCHITECT pursuant to this Agreement. The CITY
shall have the right either on its own or through such other ARCHITECTs as determined
by the CITY to utilize and/or amend such work product. Any such amendment to such
work product shall be at the sole risk of the CITY. Such work product is 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. The CITY shall pay to the ARCHITECT for services under this Agreement the total
amount not to exceed Sixty Thousand Nine Hundred Thirty Dollars ($60,930)
regardless of the actual costs incurred by the ARCHITECT unless substantial
modifications to the Project are authorized in writing by the DIRECTOR and
approved by way of a written amendment to this Agreement.
B. For outside services provided by other firms or subconsultants, if any, and for any
reimbursable expenses including for any deliverables, the CITY shall pay the
ARCHITECT the invoiced fee to the ARCHITECT,plus zero percent. The cost of
any outside services or any such reimbursable expenses for deliverables or
otherwise are included within the not-to-exceed fee amount of$60,930.
C. The CITY shall make periodic payments to the ARCHITECT based upon actual
progress within thirty(30)days after receipt and approval of invoice. Said periodic
payments to the ARCHITECT shall not exceed the amount shown below in the
following schedule, and full payments for each task shall not be made until the task
in completed and accepted by the DIRECTOR.
The project includes the following general tasks:
1. Land survey $7,180
2. Site Electrical $ 4,500
3. Design and Construction Documents $ 41,050
4. Construction Administration $ 8,200
Total $60,930
D. All phases of the Project are tentative and subject to final approval by the
DIRECTOR. The CITY may add or delete or modify portions of the Project any
time at the CITY'S discretion. In the event that additional services are requested
by the CITY for which the ARCHITECT seeks additional compensation, such
additional services and any such additional compensation shall require a written
amendment to this Agreement approved by the parties hereto. ARCHITECT'S
hourly rates for any such additional services are set forth in Attachment C hereto.
5. INVOICES
A. The ARCHITECT shall submit invoices in a format approved by the CITY.
Progress reports (2C above)will be included with all payment requests.
B. The ARCHITECT shall maintain records showing actual time devoted and cost
incurred. The ARCHITECT shall permit the authorized representative of the CITY ' •
to inspect and audit all data and records of the ARCHITECT for work done under
this Agreement. The ARCHITECT shall make these records available at
reasonable times during the Agreement period, and for a year after termination of
this Agreement.
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 prior to termination,except that in no event shall such payments exceed the total
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 6, shall be deemed
concluded on the date the CITY determines in writing 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 its claim to the
DIRECTOR 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 agreed to in writing signed by the CITY
and the ARCHITECT. Regardless of the decision of the DIRECTOR relative to a claim
submitted by the ARCHITECT, all work required under this Agreement as determined by
the DIRECTOR shall proceed without interruption. All decisions of the DIRECTOR
pursuant to this section shall be fmal and binding, and shall not be subject to litigation in
any forum.
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. Notwithstanding the foregoing or anything else to
the contrary in this Agreement,with the sole exception of an action to recover the monies
the CITY has agreed to pay to the ARCHITECT pursuant to Paragraph 4 hereof,no action
shall be commenced by the ARCHITECT against the CITY for monetary damages.
ARCHITECT hereby further waives any and all claims or rights to interest on money
claimed to be due pursuant to this Agreement,and waives any and all such rights to interest
which it claims it may otherwise be entitled pursuant to law, including,but not limited to,
the Local Government Prompt Payment Act (50 ILCS 501/1, et seq.), as amended, or the
Illinois Interest Act(815 ILCS 205/1,et seq.),as amended. The parties hereto further agree
that any action by the ARCHITECT arising out of this Agreement must be filed within one
year of the date the alleged cause of action arose or the same will be time-barred. The
provisions of this paragraph shall survive any expiration,completion and/or termination of
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,
completion 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 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 DIRECTOR a Certification of Insurance
naming the CITY as additional insured. The policy shall not be modified or
terminated without thirty(30) days prior written notice to the DIRECTOR.
The Certificate of Insurance which shall include Contractual obligation assumed by
the ARCHITECT under Article 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.
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 ARCHITECTs 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 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.
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.
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 agree 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 or intent of any provision of this Agreement,nor shall they be construed to affect
the interpretation, construction or application of the terms and provisions thereof in any
manner.
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
DIRECTOR, nor will the ARCHITECT make public proposals developed under this
Agreement without prior written approval from the DIRECTOR prior to said
documentation becoming matters of public record.
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.
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 such policies shall be provided by the ARCHITECT to the Illinois Department
of Human Rights upon request pursuant to 775 ILCS 5/2-105.
26. WRITTEN COMMUNICATIONS
All recommendations and other communications by the ARCHITECT to the DIRECTOR
and to other participants which may affect cost or time of completion, shall be made or
confirmed in writing. The DIRECTOR may also require other recommendations and
communications by the ARCHITECT be made or confirmed in writing.
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:
Rich Hoke
Building Maintenance Superintendent
City of Elgin
150 Dexter Court
Elgin, Illinois 60120-5555
B. As to ARCHITECT:
Jonathan Tallman
Dewberry Architects
25 S. Grove Ave., Suite 500
Elgin, Illinois 60120
28. COMPLIANCE WITH LAWS
Notwithstanding any other provision of this AGREEMENT it is expressly agreed and
understood that in connection with the performance of this AGREEMENT that the
ARCHITECT 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. Without limiting
the foregoing, ARCHITECT hereby certifies, represents and warrants to the CITY that all
ARCHITECT'S employees and/or agents who will be providing products and/or services
with respect to this AGREEMENT shall be legal residents of the United States.
ARCHITECT 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. The
CITY shall have the right to audit any records in the possession or control of the
ARCHITECT to determine ARCHITECT'S compliance with the provisions of this section.
In the event the CITY proceeds with such an audit the ARCHITECT shall make available
to the CITY the ARCHITECT'S relevant records at no cost to the CITY. ARCHITECT
shall pay any and all costs of such audit.
IN WITNESS WHEREOF, the parties hereto have entered into and executed this
agreement effective as of the date and year first written above.
FOR THE CIT • FOR THE ARCHITECT:
By ///ia I By d
Sean Stegall, City Manager / Douglas Pfei} ',F ssistant Director
Att t•
Kim Dewis, City C erk
F:\Legal Dept\Agreement\ARCHTTECTING AGREEMENT-FORM-04-17-08.doc
ATTACHMENT A
SCOPE OF SERVICES
PROJECT UNDERSTANDING
The City of Elgin wants to renovate the Civic Plaza on the west side of City Hall. The following is the
scope of work that the City of Elgin is looking to be completed:
o Replace Concrete plaza including the Steps and ramps(see the attached Exhibit D)
o Remove step up—step down area to the east of the Court. (City of Elgin will need to ask the
State of IL if possible.)
o Replace existing site lighting with new LED fixtures
o Add additional light fixtures for the ice skating rink
o Move drain lines in the plaza so that they will not lie under the ice skating rink
SCOPE OF WORK
Dewberry proposes the following tasks to complete the Civic Plaza Renovation:
Task 1: Land survey—Topographic survey and private utility locating services within the
Limits of the attached Exhibit C&D
Task 2: Site Electrical—Specify exterior lighting to replace the existing with LED
fixtures.
Task 3: Plaza Design and Construction Documents
Task 4: Construction Administration
Detailed Approach
The following summarizes Dewberry's approach to the Project by Task,including major milestones and
pricing.
Task 1: Land Survey— Topographic Survey
o See the attached exhibit for the scope of work(Exhibit C)
Deliverables: (2)black line certified copies of the drawings. Electronic Files in both DWG and PDF
Format
Price: $7,180.00
Schedule: Completed within three weeks of the start of the project.
Task 2: Site Electrical
• Research light poles and fixtures that fit the plaza. Design and seek City approval of the fixtures.
• Specify general plaza light fixtures and location on the Construction Documents.
• Specify light fixtures for the ice skating rink and location on the Construction Documents.
• Review lighting photometrics
Assumptions: N/A
Deliverables: Construction Documents for Bidding
Price: $4,500.00
Schedule: Complete by early May.
Task 3: Plaza Design and Construction Documents
• Create drawings for areas of demolition
• Design concrete replacement for the Civic Plaza
• Ice skating rink will be designed with minimal allowable slope
• Relocate underground drain lines so that they are no longer under the ice skating rink.
• Specify new site furnishing such as benches,trash receptacles and flag poles.
• Design concrete patterning for the civic plaza
Assumptions: N/A
Deliverables: Construction Documents for Bidding
Price: $41,050.00
Schedule: Complete by early May.
Task 4: Construction Administration
• Construction Site visits to review that work is built in conformance with the design intent of the
Construction Documents (total of 10 bi-weekly visits)
• Four(4) site visits by the Civil Engineer to review progress of the project,including the site visit
for the punch list.
• Shop Drawing review by the Civil engineer,Electrical engineer,and Landscape Architect
• Contractor Payment application review
• Provide record drawings to the City of Elgin
Assumptions: N/A
Deliverables: Payment applications, Site Visit logs, Shop drawing reviews,and Record Drawings
Price: $8,200.00
Schedule: Complete upon substantial completion of construction.
PROJECT SCHEDULE
This project is anticipated to be complete in accordance with the milestones/schedule described below:
• Design Meeting with City of Elgin the week of February 29,2016.
• Design Meeting with City of Elgin the week of March 28,2016.
• Design and Construction Documents to be complete by May 6,2016.
Attachment B—Project Limits
, .
IMPROVEMENTS TO CIVIC CENTER COMPLEX
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Attachment C -Rates for services not included in the contract:
Standard Hourly Billing Rate Schedule
Dewberry I Hourly Rates
Professional
Principal $260.00
Architect 1,11,111 $85.00,$95.00,$105.00
Architect IV,V,VI $125.00,$135.00,$155.00
Architect VII,VIII,IX $180.00,$190.00,$210.00
Interior Designer I,II,III,IV $65.00,$80.00,$100.00, $135.00
Engineer 1,11,111 $90.00,$100.00,$115.00
Engineer IV,V,VI $130.00,$145.00,$160.00
Engineer VII,VIII,IX $175.00, $190.00,$210.00
Other Professionals I, II, III $90.00,$100.00, $110.00
Other Professionals IV,V,VI $130.00,$145.00,$160.00
Other Professionals VII,VIII, IX $185.00,$200.00,$215.00
Technical
Geographer/GIS 1,11,111 $80.00,$90.00,$100.00
Geographer/GIS IV,V,VI $110.00, $125.00,$145.00
Geographer/GIS VIIVIIIIX $165.00, $195.00,$205.00
Designer 1,11,111 $95.00,$110.00, $135.00
Designer IV,V,VI $150.00,$170.00,$190.00
CADD Technician I,II,III,IV $65.00,$80.00,$90.00, $105.00
Surveyor 1,11,111 $55.00,$60.00,$75.00
Surveyor IV,V,VI $90.00,$105.00,$120.00
Surveyor VII,VIII,IX $140.00, $160.00,$175.00
Other Technical 1,11,111 $55.00,$75.00,$95.00
Other Technical IV,V,VI $115.00, $130.00,$150.00
Construction
Construction Professional 1,11,111 $120.00, $130.00,$145.00
Construction Professional IV,V,VI $170.00, $190.00,$200.00
Inspector 1,11,111 $75.00,$90.00,$100.00
Inspector IV,V,VI $115.00,$130.00,$145.00
Administration
Admin Professional I,II,III.IV $65.00,$80.00,$90.00,$100.00
Non-Labor Direct Costs Cost+ 15%