17-72 Resolution No. 17-72
RESOLUTION
AUTHORIZING EXECUTION OF PROFESSIONAL SERVICES AGREEMENT
WITH 3D DESIGN STUDIOS, LLC FOR
CDBG PARKS AND RECREATION DESIGN SERVICES
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby
authorized and directed to execute a Professional Services Agreement on behalf of the City of
Elgin with 3D Design Studios, LLC for CDBG Parks and Recreation Design Services in
connection with certain park renovation and ADA compliance improvements at St. Francis Park,
Clifford Owasco Park and Kiwanis Park, a copy of which is attached hereto and made a part
hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: May 24, 2017
Adopted: May 24, 2017
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
PROFESSIONAL SERVICES AGREEMENT
CDBG Parks and Recreation Design Services
THIS AGREEMENT, made and entered into this �D1A day of
2017, by and between the CITY OF ELGIN, an Illinois municipal corporation (the "CITY"), and
3D DESIGN STUDIOS, LLC, an Illinois limited liability company (the "CONSULTANT"). and
which are collectively referred to as the "Parties."
WITNESSETH:
WHEREAS,Title 1 of the Housing and Community Development Act of 1974, Public Law
93-383 (the "Act") provides for block grant funding assistance to units of local governments for
the purpose of strengthening the ability of said governments and elected officials to determine the
community development needs, set priorities, and allocate resources to various activities; and
WHEREAS, the City Council of Elgin, Illinois, has previously determined that additional
emphasis is needed in the area of community development in order that beneficial solutions to the
preservation and rehabilitation of affordable housing, the rehabilitation of public facilities and
infrastructure,including parks facilities,and support for public service activities may be addressed;
and
WHEREAS,the CITY has applied for and received Community Development Block Grant
(CDBG) funds from the United States government under the Act to rehabilitate and upgrade parks,
playgrounds, and other public facilities of the CITY located within census tracts that contain a
majority (51 percent or greater) of low to moderate income families, in to make such facilities
compliant with the Americans with Disabilities Act (ADA) or by installing new facilities or
equipment; and
WHEREAS, the CITY desires to engage the CONSULTANT to furnish certain
professional services in connection with certain park renovation and ADA compliance
improvements at St. Francis Park,Clifford Owasco Park,and Kiwanis Park,all in the City of Elgin
(hereinafter referred to as the "PROJECT"); and
WHEREAS, the CONSULTANT represents that it 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 the engineering matters involved in the PROJECT as
described herein, subject to the following terms and conditions and stipulations, to-wit:
1. INCORPORATION OF RECITALS
The recitals set forth above are hereby incorporated into this Agreement in their entirety as
though fully set forth herein.
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2. SCOPE OF SERVICES
A. All work hereunder shall be performed under the direction of the Parks and
Recreation Director of the CITY, herein after referred to as the "DIRECTOR".
B. CONSULTANT shall provide park design development and final design services,
construction document development, bidding administration, and construction
observation for the park renovation and ADA compliance improvements at St.
Francis Park, Clifford Owasco Park, and Kiwanis Park, all in the City of Elgin, as
set forth in City of Elgin RFP #17-007.
C. A detailed Scope of Services is attached hereto as Attachment A. "Scope of
Services," pages 2 through 4.
3. PROJECT SCHEDULE AND REPORTS
A. An outline project milestone schedule is provided hereunder:
1. Planning and Design Spring/Summer 2017
2. Bidding and Construction Summer/Fall 2017
3. Completion of Construction Spring 2018.
B. A detailed project schedule for the PROJECT is attached hereto as Attachment B.
Progress will be recorded on the project schedule and submitted monthly as a
component of the status report described in subparagraph 3.0 below.
C. The CONSULTANT 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.
4. WORK PRODUCTS
All work product prepared by the CONSULTANT pursuant hereto including, but not
limited to, reports, plans, 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 product for its records. CONSULTANT'S execution of
this Agreement shall constitute CONSULTANT'S conveyance and assignment of all right.
title and interest. including but not limited to any copyright interest,by the CONSULTANT
to the CITY of all such work product prepared by the CONSULTANT pursuant to this
Agreement. The CITY shall have the right either on its own or through such other
engineers 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 CONSULTANT.
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5. PAYMENTS TO THE CONSULTANT
A. The CITY shall make periodic payments to the CONSULTANT for the services
provided under this Agreement according to the budget established in Attachment
A, "Professional Fees," page 5, based upon actual work performed within thirty
(30)days after receipt and approval of an invoice. Full payments for each task shall
not be made until the task is completed and accepted by the DIRECTOR.
B. The total of all payments made by the CITY to the CONSULTANT for the services
provided under this Agreement shall not exceed $52,775.00, regardless of actual
costs or expenses incurred by the CONSULTANT, unless modifications to the
services are authorized in writing by the CITY and CONSULTANT by way of
written amendment to this Agreement.
C. In addition to the payment for services set forth in subparagraph 5.13, above, the
CITY shall also reimburse the CONSULTANT for its reimbursable expenses
relating to the services provided under this Agreement as provided in Attachment
A, `Reimbursable Expenses," page 5. The payment of reimbursable expenses by
the CITY shall not exceed $1,250.00. regardless of actual costs or expenses
incurred by the CONSULTANT, unless modifications to the services are
authorized in writing by the CITY and CONSULTANT by way of written
amendment to this Agreement.
D. Additional services provided by the CONSULTANT which are not described
herein require prior written approval of the CITY and CONSULTANT and shall be
compensated according to terms agreed upon in such written approval.
6. INVOICES
A. The CONSULTANT shall submit invoices not more often than monthly in a format
approved by the CITY. The CONSULTANT shall provide the CITY with progress
reports as requested by the CITY with submission of invoices.
B. The CONSULTANT shall maintain records showing actual time devoted to and
expenses incurred for completion of the services provided under this Agreement.
The CONSULTANT shall permit representatives of the CITY to inspect and audit
all data and records of the CONSULTANT for work performed under this
Agreement. The CONSULTANT shall retain and make these records available to
the CITY at reasonable times during the term of this Agreement, and for a period
of five (5) years following the closeout of any CDBG grant funds allocated to the
CITY.
7. TERMINATION OF AGREEMENT
Notwithstanding any other provision hereof, the CITY may terminate this Agreement at
any time for convenience or any other reason upon fifteen (15) days prior written notice to
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the CONSULTANT without penalty. 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 as are specifically provided for in this
Agreement, except that such payment and/or reimbursement shall not in any event exceed
the task amounts or total amounts set forth under Paragraph 5 above. Additionally, in the
event this Agreement is so terminated, the CONSULTANT shall immediately cease any
further work on the project and/or the expenditure of any funds paid to CONSULTANT by
the CITY, and shall refund to the CITY any unearned or unexpended funds.
8. TERM
This Agreement shall be deemed effective as of March 20, 2017 and, unless terminated for
cause or pursuant to paragraph 7 of this Agreement, shall 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.
9. 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 to the
CITY within fifteen (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 set forth in writing signed by the
DIRECTOR and the CONSULTANT. Regardless of the decision of the CITY relative to
a claim submitted by the CONSULTANT, all work required under this Agreement, as
determined by the CITY, shall proceed without interruption.
10. 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 CONSULTANT pursuant to Paragraph 5 hereof, no
action shall be commenced by the CONSULTANT against the CITY for monetary
damages.
CONSULTANT 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 50111, cat sey.). as amended, or the
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Illinois Interest Act(81 5 ILCS 205/1,et seq.).as amended. The parties hereto further agree
that any action by the CONSULTANT arising out of this Agreement must be filed within
one (1) 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.
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. 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, and further including
any violation of applicable statutes, regulations, rules,and other requirements of law under
Title I of the Housing and Community Development Act of 1974 (Pub L 93-383)and Title
III of the Housing and Economic Recovery Act of 2008 (Pub. L 110-289, 122 Stat. 2850,
enacted July 30, 2008), or any other laws. regulations, rules, or other requirements of law
pertaining to the federal CDBG program. 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.
13. 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 Certificate 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 shall include the contractual obligation assumed by the
CONSULTANT under Paragraph 10 entitled "Indemnification".
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This insurance shall be primary and non-contributory 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.
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 bodily injury and/or property damage.
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 CONSULTANT's
Professional Liability Insurance covering claims resulting from error,omissions or
negligent acts with a combined single limit of not less than $1,000,000 per claim.
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.
14. 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.
15. 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, or 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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16. 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 should be made
without the prior written consent of the CITY.
17. 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. The use of any proposed
subcontractor shall require the CITY's advanced written approval.
18. 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.
19. 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.
20. 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.
21. ENTIRE AGREEMENT; 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. To the extent there is any conflict
between the provisions of this Agreement and the provisions of any attachments hereto,
the provisions of this Agreement shall control. Each party agrees that no representations
or warranties shall be binding upon the other parties unless expressed in writing herein or
in a duly executed amendment hereof. or change order as herein provided.
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22. 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.
23. 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.
24. COOPERATION WITH OTHER CONSULTANTS
The CONSULTANT shall cooperate with any other consultants in the CITY's employ or
any work associated with the project.
25. 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.
26. 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; and
G. protection against retaliation as provided by Section 6-101 of the Iluman Rights
Act.
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A copy of the policies must be provided to the Department of Human Rights upon request
per 775 ILCS 5/2-105.
27. SUBSTANCE ABUSE PROGRAM
As a condition of this agreement. CONSULTANT shall have in place a written substance
abuse prevention program which meets or exceeds the program requirements in the
Substance Abuse Prevention Public Works Project Act at 820 ILCS 265/1 et seq. A copy
of such policy shall be provided to the DIRECTOR prior to the entry into and execution of
this Agreement.
28. 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.
29. NOTICES
All notices, reports and documents required under this Agreement shall be in writing and
shall be emailed and/or mailed by First Class Mail, postage prepaid, addressed as follows:
A. As to CITY:
Randy Reopelle
Director of Parks and Recreation
City of Elgin
150 Dexter Court
Elgin, Illinois 60120-5555
B. As to CONSULTANT:
3D Design Studio, LLC
Daniel D. Dalziel
529 Barron Boulevard
Grayslake, II. 60030
30. 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
CONSULTANT shall comply with all applicable Federal. State. Municipal, 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. It is
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further agreed and understood that the CONSULTANT shall comply with all applicable
statutes, regulations, rules, and other requirements of law under Title I of the Housing and
Community Development Act of 1974 (Pub L 93-383) and Title III of the Housing and
Economic Recovery Act of 2008 (Pub. L 110-289, 122 Stat. 2850,enacted July 30, 2008),
or any other laws, regulations, rules, or other requirements of law pertaining to the federal
CDBG program. Without limiting the foregoing, CONSULTANT hereby certifies,
represents and warrants to the CITY that its 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. 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 this work, and/or the products and/or services provided by this Agreement.
The CITY shall have the right to audit any records in the possession or control of the
CONSULTANT to determine the CONSULTANT's compliance with the provisions of
this paragraph. In the event that the CITY proceeds with such an audit, the
CONSULTANT shall make available to the CITY the CONSULTANT's relevant records
at no cost to the CITY. CONSULTANT shall pay any and all costs associated with any
such audit.
31. EXECUTION
This Agreement may be executed in counterparts, each of which shall be an original and
all of which shall constitute one and the same agreement. For the purposes of executing
this Agreement, any signed copy of this Agreement transmitted by fax machine or e-mail
shall be treated in all manners and respects as an original document. The signature of any
party on a copy of this Agreement transmitted by fax machine or e-mail shall be considered
for these purposes as an original signature and shall have the same legal effect as an original
signature. Any such faxed or e-mailed copy of this Agreement shall be considered to have
the same binding legal effect as an original document. At the request of either party any
fax or e-mail copy of this Agreement shall be re-executed by the parties in an original form.
No party to this Agreement shall raise the use of fax machine or e-mail as a defense to this
Agreement and shall forever waive such defense.
SIGNATURE PAGE FOLLOWS
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IN WITNESS WHEREOF, the undersigned parties have caused this Agreement to be
executed by their duly designated officials.
FOR THE CITY: FOR THE CONSULTANT:
By By.
City Manager
Name/Print: _ (�
Title: 'FEA K C A PAL
Attest:
City Clerk
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3D D E S I G N S T U D I O
April 17,2017
Randy Reopelle
City of Elgin
100 Symphony Way
Elgin,IL 60120
RE: LANDSCAPE ARCHITECTURAL DESIGN SERVICES
ELGIN 2017-18 CDBG PARK PROJECTS
ST.FRANCIS PARK,KMANIS PARK AND CLIFFORD OWASCO PARK
Dear Randv,
Thank you for the opportunity to submit this proposal for landscape architectural design
services associated with the Elgin 2017-2018 CDBG Park Projects. Following is our
understanding of the projects and our proposed Scope of Services:
STATEMENT OF UNDERSTANDING:
City of Elgin will be providing topographic surveys in AutoCAD drawing file format
for St Francis Park and potentially Kiwanis and Clifford Owasco Parks.
v There may be a change in the parks to be included in the 2018 list, but St. Francis will
be the primary focus.
Y It is anticipated that all parks will be bid as one combined project. The Parks will be
constructed in a means most suitable to the City of Elgin and secondly to the
contractor. If parks are constructed one by one, this may include additional
Observation time at our hourly rates as listed in our Additional Expenses section.
r The schedule for Bidding and Construction will be determined by the Owner.
529 BARRON BOul.F.VARD GRAYSI_Akl:, 11 1 INols 60030
(847) 223-1891 PHONE (847) 223-1892 FAX
W[BS1TF: iviv '.3DDESIGNSTUDIO.CONI EMAIL: 1N100&3DDFSIGNS1UDI0.00M
City of Elgin April 17,2017
Elgin 2017-18 CDBG Park Projects Proposal Page 2
SCOPE OF SERVICES
I. KICKOFF MEETING,SITE VISITS AND SCHEMATIC DESIGN
A. Meet to review the goals, objectives and schedule for the projects and to collect
all relevant AutoCAD and data files (e.g. topographic and boundary survey,
engineering concepts,etc.).
B. Visit the sites to photograph and record the conditions of the project areas, note
existing plant materials and/or large trees which should remain and identify site
opportunities and constraints.
C. Attend two Public Input meetings with a mounted presentation board of an
aerial photograph of the park and photos looking "into" the park viewing
specific elements to consider during the renovation of each park.
D. Using information from our meeting and site visits, develop Preliminary
Concept Plans for each and prepare a 'Kit of Parts' presentation board for each of
the proposed projects. For St. Francis Park, these will illustrate:
• New Playground Ideas;
• Tennis Court Resurfacing Ideas;
• Options for new Shade Structures;
A. Prepare budget ranges which will identify the potential costs associated with the
features proposed within each of the Preliminary Concept Plans.
B. Meet to review the Preliminary Concept Plans and budget ranges.
II. DESIGN DEVELOPMENT&FINAL DESIGN
A. Using input from the above meeting, prepare updated Design Plans for each of
the proposed project areas.
B. Prepare an updated Estimate of Probable Costs for each project location.
C. Return to review the specifics of each project design at your offices and, if
appropriate,visit the sites to discuss specific design coordination items.
D. Document items discussed and decisions reached, distribute copies via email.
E. Make any refinements necessary and prepare a Final Design Plan, a detailed "Kit
of Parts" presentation board (showing images of the proposed site furnishings),
plan enlargements for greater detail to communicate the final design and update
the Estimate of Probable Costs for each of the project sites.
F. Where new playground equipment may be incorporated, use updated plans and
Estimate of Probable Costs to determine a budget for playground equipment.
Solicit proposals from equipment manufacturers for review and selection.
City of Elgin April 17,2017
Elgin 2017-18 CDBG Park Projects Proposal Page 3
G. Plan to insert the selected playground equipment into the design and return to
you for a final review of the configuration with the selected equipment in each of
the playground layouts.
H. Send the Final Design, supporting documents and Estimate of Probable Costs to
you for a final review (via email PDFs and conference call)and discussion.
1. Make any final revisions necessary to the above documents for your use in
obtaining final project approval.
J. We will attend a Council Meeting to present the plans and estimate and answer
questions. Color renderings of the plans are included for your use with the
Council or for public input. All final project documents will be provided in
electronic format for your files.
III. CONSTRUCTION DOCUMENTS
A. Prepare Construction Documents for each park. Playground equipment will be
bid with the Contractor providing the specified equipment in the Bid Form and
Specifications.
B. We will coordinate with the Purchasing Department on the preparation of a
Project Manual.
C. Meet to review the 90% complete Construction Bidding documents at your
offices.
D. Review the plans and visit any site that construction detailing may have caused
questions to arise during the development of the Construction Bidding
Documents. Bring a final Estimate of Probable Costs with this review set of
documents. Discuss any pertinent construction details and review the
anticipated bidding and construction schedules.
E. Once again, document items discussed and decisions reached and distribute to
all those involved.
IV. BIDDING ADMINISTRATION
A. Assist the Purchasing Department with preparation of an Invitation to Bid for
your use in publishing an ad for the project via appropriate means in accordance
with the CDBG requirements.
B. Contact qualified contractors to solicit competitive bids and coordinate the
distribution of plans and specifications to interested bidders.
C. Attend a Pre-Bid meeting to discuss the intent of the project, present the
requirements of the scope of construction, and public safety and protection
measures required within the construction.
City of Elgin April 17,2017
Elgin 2017-18 CDBG Park Projects Proposal Page 4
D. Be available to answer questions from bidders throughout the bidding period,
answer questions in writing via Addenda as necessary to clarify the
requirements of the bid or construction of the project.
E. Attend the Bid Opening and take a copy of the bids received. Review the bids to
identify the apparent low bidder and confirm that their bid is responsive.
F. Check references in an attempt to confirm the Contractor is qualified and
competent to perform the construction projects specified.
G. Prepare a Letter of Recommendation for the City of Elgin to enter into an
Agreement with the recommended Contractor.
H. Assist the Purchasing Department, as needed, with the preparation of an
Agreement for the Construction of each project.
V. CONSTRUCTION OBSERVATION SERVICES
A. Attend a Pre-Construction Meeting with the Contractor to coordinate the
construction activities for each project. Review -
• Construction staking, layout, staging, access and safety plans;
• Pay Request processing;
• Project schedule and weekly review meetings.
B. Schedule and attend regular weekly site meetings to keep the Contractor
continuously working on the project sites.
C. Make additional site visits (outside the regular weekly meetings), upon request
and as needed, to review and document the construction.
D. Prepare written field reports for each meeting and provide copies of each report
to you and the Contractor.
E. Review Pay Requests and make recommendations regarding appropriate
payments.
F. Review the work for Substantial Completion and prepare a punchlist for
corrections to the work.
G. At the completion of the project, perform a Final Walk-Through and make
recommendation for Acceptance and Final Pavment.
City of Elgin April 17, 2017
Elgin 2017-18 CDBG Park Projects Proposal Page 5
PROFESSIONAL FEES
Our services will be performed on an hourly "not to exceed" basis as outlined below:
I. Kickoff Meeting, Site Visits and Schematic Design: $ 2,375.00
II. Design Development & Final Design: $ 12,425.00
III. Construction Document Preparation * : $ 29,375.00
IV. Bidding Administration: $ 1,850.00
V. Construction Observation (per meeting Q$675.00/mtg.) ** $ 6,750.00
Professional Fees Total: $ 52,775.00
Reimbursable Expenses Allowance: $ 1,250.00
* Construction Document Preparation will be done )sourly and a final estiniate of the hourly
time necessary mill be provided once the final scope of all projects ham been identified. We
understand the scope and complexity may change to meet the needs of the City.
** Construction Observation trill be done on a "per meeting" basis and anticipates all drizie
time (--1 hr. each tray), on-site meetings (-1 hr./nstg.), preparation and distribution of all
Field Reports (-1 hr. ea.), reaiezr of Pay Requests and Letters of Recommendation for
Payments, including Pre-Construction Meeting, Punchlist and Final Acceptance meeting.
Per meeting cost based upon — 4 )srs./mtg. x $165.00 = $660.00 + estimated $15.00
snaterials/incidentals.
ADDITIONAL SERVICES
Additional services shall include those services noted as hourly services within this
proposal as well as any increases in Project scope, any additional meetings/presentations
and any additional design services requested.
Any services provided on an hourly basis and Additional Services requested for work not
included shall be performed on an hourly basis at the rates listed below, or under a
separate Agreement.
Hourly Rates
Principal $165.00
Senior Project Manager $145.00
Landscape Architect I $125.00
Support Staff S 85.00
INVOICING
Invoicing will be presented monthly for work completed during that month. PaNIment is to be
made within 30 days of the date of the invoice.
City of Elgin April 17,2017
Elgin 2017-18 CDBG Park Projects Proposal Page 6
REIMBURSABLE EXPENSES
Reimbursable expenses will be billed in addition to the aforementioned Professional Fees
and will be included with regular monthly invoicing. Reimbursable expenses will include
in house and out of house expenses such as:
• Printing,Plotting&Photocopying Services(color&black and White)
• Photography & Renderings Services
• Postage, Delivery/Messenger&FedEx/UPS Services
• Project Related Supplies & Materials
• Mileage Expenses(at the current IRS mileage rate)
• Permit Fees,etc.
SPECIAL CONDITIONS
➢ The City of Elgin, hereafter called "Client", agrees to waive all claims and liability
against 3D Design Studio in the event that the Client executes the work without 3D
Design Studio contracted to observe and document the construction activities.
The Client accepts the responsibility for the accuracy of any base information
provided,unless our surveying services are used. Should a problem arise from any
inaccuracy or lack of information within the provided base information, 3D Design
Studio will assist in correcting the situation, but such work will be compensated as
an additional service on an hourly basis for additional time that may be required.
Fees for special submittal coordination and/or meetings are not part of this
proposal.
The Client acknowledges that there are no Architectural,Structural or Geotechnical
Engineering fees associated with the Services outlined in this proposal. Should the
need for these services be required for the evaluation of the site, these services can
be quoted separately,or provided under an amendment to this agreement.
The delineated services provided by 3D Design under this Agreement will be
performed as reasonably required in accordance with the generally accepted
standards for landscape architectural services as reflected in the contract for this
project at the time when and the place where the services are performed.
Nothing contained in this Agreement shall create a contractual relationship with
or a cause of action in favor of a third party against either the Client or 3D
Design Studio.
City of Elgin April 17,2017
Elgin 2017-18 CDBG Park Projects Proposal Page 7
3D Design Studio's services under this Agreement are being performed solely for
the Client's benefit, and no other party or entity shall have any claim against 3D
Design Studio because of this Agreement or the performance or nonperformance
of services hereunder. In no event shall 3D Design Studio be liable for any loss of
profit or any consequential damages.
:= 3D Design shall not have control of and shall not be responsible for construction
means, methods, techniques, sequences or procedures, or for job site safety
measures. Such control is the sole responsibility of the Client's contractor. The
Client and 3D Design Studio agree that all disputes between them arising out of
or relating to this Agreement or the Project shall be submitted to nonbinding
mediation in Chicago, Illinois unless the parties mutually agree otherwise.
Thank you again for the opportunity to submit this proposal - I look forward to working
with you on these important projects!
Very Truly Yours,
Daniel D.Dalziel, PLA, ASLA
Principal
Proposal Acceptance:
Signature of Authorized Representative of City of Elgin
Printed Name and Title
Dated this_ _-- day of___ _____ 2017
Elgin 2017 CDBG Park Improvements
Project Timeline
Responsible Activity
Council Award of Design Contract Elgin City Council May 24, 2017
Elgin Parks Dept.
Conduct Neighborhood Input Sessions El El Design Studio Early-June 2017
Develop Preliminary Project Plans (prepare Elgin Parks Dept.
concept-level site plans and general 3D Design Studio Late-June 2017
description of park improvements)
Confirm/Document CDBG Project Eligibility Kane County July 2017
Prepare Environmental Review Records Kane County July 2017
(and Request Release of Funds, if nec.)
Elgin Parks Dept.
Finalize Project Plans/Specifications El El Design Studio Early-August 2017
Elgin Purch. Dept.
Prepare Bidding Documents Kane County Mid-August 2017
3D Design Studio
Advertise/Distribute Bidding Documents Elgin Purch. Dept. Late-August 2017
Receive/Open Bids Elgin Purch. Dept. Mid-September 2017
Elgin Parks Dept.
Elgin Purch. Dept. Earl October 2017
Award Construction Contract Elgin Legal Dept. Early
-October
County
Begin Construction Work General Contractor Late-October 2017
with oversight by:
Elgin Parks Dept.
Kane County May 2018
Complete Construction Work 3D Design Studio