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CITY OF WEST CHICAGO
PUBLIC AFFAIRS COMMITTEE
AGENDA ITEM SUMMARY
ITEM TITLE:
AGENDA ITEM NUMBER: 4.D.
Draft Contract between West Chicago and Upland De-
sign Ltd. for Professional Services for Phase 0 of the
Proposed Community Park
FILE NUMBER:
COMMITTEE AGENDA DATE: Oct. 21, 2024
Resollinan’ Ze R006 COUNCIL AGENDA DATE: Oct. 21, 2024
APPROVED BY CITY ADMINISTRATOR: Michael SIGNATURE
Guttman
STAFF REVIEW: Tom Dabareiner, AICP
In September of 2023, the City Council adopted the Community Park Plan prepared by Upland De-
sign Ltd. for the future community park. The development of the park will occur in 5 phases with the
first phase, Phase 0, planned on the narrow northern leg of the site, which the City is working to as-
sume ownership from Weston Solutions. Phase 0 will include native vegetation and tree plantings,
site furnishings and shelters, and the northern entry of the park’s trail system. The budget for Phase
0 is $2 million which includes survey work, professional fees, and construction. A federal grant has
been secured for the funding of this phase.
The City is ready to begin Phase 0 and Upland Design has prepared a contract for professional ser-
vices associated with its development. The scope of work includes design development, construction
plans, specifications, bid proposals and the bidding process, and construction management. Design
development is expected to begin in October once the contract is executed. Construction plans,
specifications, and bidding will occur over winter. It is anticipated that work for Phase 0 will be com-
pleted in fall of 2025. The total cost for Upland’s professional services outlined in the contract is
$182,300.
The draft contract between the City and Upland is attached for review and discussion.
ACTIONS PROPOSED:
Review and recommendation to the City Council of the draft contract with Upland Design for profes-
sional services associated with Phase 0 of the proposed Community Park for an amount not to ex-
ceed $182,300.
COMMITTEE RECOMMENDATION:
Attachments: Draft Resolution 24-R-0076
Draft Contract with Upland Design Ltd. for Phase 0

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RESOLUTION NO. 24-R-0076
A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A AN
AGREEMENT WITH UPLAND DESIGN LTD FOR PROFESSIONAL DESIGN
SERVICES FOR PHASE 0 OF THE PROPOSED COMMUNITY PARK
BE IT RESOLVED by the City Council of the City of West Chicago, in regular
session assembled that the Mayor is hereby authorized to execute an agreement between
the City of West Chicago and Upland Design Ltd., for professional design services for
Phase 0 of the proposed community park, not to exceed $182,300, attached hereto, and
incorporated herein as Exhibit “A”.
APPROVED this day of October 2024.
AYES:
NAYES:
ABSTAIN:
ABSENT:
Mayor Ruben Pineda
ATTEST:
Executive Office Manager Valeria Perez

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AGREEMENT BETWEEN CLIENT and FIRM
FOR PROFESSIONAL DESIGN SERVICES
PARK PLANNING for PHASE 0 SERVICES
City of West Chicago
475 West Main Street
West Chicago, IL 60185
Phone: 630-293-2200... 0.0 .ecccccecceccec cee ee eae cee ces cosscstsvsvsvsvsrsasssvevevsvsvevssrsasasevevevivevaveravavereasaeees The Client
And
Upland Design Ltd.
24042 Lockport Street
Plainfield, IL 605440000... cece cee ceteeceeces eae cecsseeseeesee ces cesesesuesescuvsssesevsesetesenseeeeeenes The Firm
Phone: 815-254-0091
Client and Firm agree as set forth below:
Firm’s Basic Services
The Firm agrees to provide its professional services in accordance with generally accepted standards of its
profession. The Firm agrees to put forth-reasonable efforts to comply with codes, laws and regulations in effect
as of the date of this contract. See Attachment A for description of Professional Design Services.
Excluded Services
Scope of services set forth on Attachment A is included in this agreement. Excluded services include but are not
limited the following: Hydrologic/hydraulic modeling the floodplain/floodway, engineering of any kind, wetland
mitigation, archeological services, environmental testing, engineering, subsurface conditions and material
testing, boundary survey, topographic survey, soil borings, construction layout; construction scheduling;
construction work; work-site safety, labor negotiations, permit fees, meetings, tree survey, tree preservation
plans, irrigation plans or court appearances as part of these services.
Hazardous Materials: The scope of the Firm’s services for this Agreement does not include any responsibility
for detection, remediation, accidental release, or services relating to waste, oil, asbestos, lead, or other
hazardous materials, as defined by Federal, State, and local laws or regulations.
Construction Phase Services
The Firm shall have the authority to act on behalf of the Owner only to the extent provided in this Agreement.
The Firm shall not have control over, charge of, or responsibility for construction means, methods, techniques,
sequences or procedures, or for safety precautions and programs in connection with the construction work, nor
shall the Firm be responsible for the Contractor's failure to perform the construction work in accordance with
the requirements of the Contract Documents.
Firm’s Insurance
Firm carries a minimum of the following insurance:
General Liability: $1,000,000 each occurrence $2,000,000 general aggregate
Automobile Liability: $1,000,000 Umbrella Liability: $2,000,000
Worker's Compensation: $1,000,000
Professional Liability: $4,000,000 per occurrence $4,000,000 in aggregate
The Firm will provide proof of insurance along with this signed contract with the City of West Chicago listed as a
certificate holder and additional insured with approved language and additional insured endorsement forms. Firm
will continue to carry insurance throughout the project.
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5. Client Responsibilities
The Client has designated Tom Dabareiner, Community Development Director, as the contact person for this
project. The Firm will direct correspondence and information to the contact person. The Client will provide
pertinent information to the Firm in a timely manner so as not to hinder or delay the Firm performing their work
in a timely and cost effective manner throughout the project. The Client agrees to provide Firm with existing base
information for the site and will assist the Firm with obtaining other information as requested. The Firm will rely
on this information, without liability, on the accuracy and completeness of information provided by the Client.
The Client agrees to advise Firm of any known or suspected contaminants at the Project Site and the Client shall
be solely responsible for all subsurface soil conditions.
6. Project Schedule
The Firm shall render its services as expeditiously as is consistent with professional skill and care. During the
course of the Project, anticipated and unanticipated events may impact any Project schedule. The Firm will
attempt to make the Client aware of events that will impact the Project schedule.
7. Compensation and Payments
The Client shall pay to the Firm the following lump sum of $182,300 for the work described herein plus
reimbursable costs. These fees include scope for Upland Design Ltd, Hey and Associates and Pizzo &
Associates along with a topographic survey by JLH Land Surveying. Fee is due within 30 days of submittal to
the Client.
Survey $ 12,500
Design Development $ 18,500
Construction Plans, Specifications & Bid Proposal $119,375
Permitting $ 11,000
Bidding $ 1,800
Construction Observation $ 19,125
Total Professional Fee $ 182,300
Reimbursable Expenses: Firm will bill direct non-payroll expenses at cost plus 0%. Examples of expenses
include printing, boards, plans and handouts, tolls, postage and delivery. Mileage will be billed at current IRS
rates. Permit fees will be paid for by the City of West Chicago.
HOURLY BILLABLE RATES
Principal Landscape Architect $246.00
Project Manager/Sr. LA $189.00
Landscape Architect $163.00
Landscape Designer I! $152.00
Landscape Designer $145.00
Construction Administrator $145.00
Admin or Document Technician $97.00
Intern $77.00
No additional work shall be added to the contract without authorization from the Client.
8. Suspension or Termination of Services
If the Client in good faith determines that the Firm prosecutes or fails to prosecute its work in such manner as to
hinder or delay the completion of the project, the Client may serve written notice to the Firm setting forth any
complaint about Firm's performance of its work. The Firm shall have seven (7) days from receipt of such written
notice in which to take corrective action. If the Firm fails to take appropriate corrective action within said seven
(7) day period, the Client may exercise the following remedies:
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2
10.
11.
12.
Terminate the Firm's services by a written notice effective on the date such written notice is served on the Firm;
and,
Order the remaining necessary work be done by another Firm, if desired.
If the Client in good faith exercises the above remedies, Client shall be responsible to pay the Firm only for the
work performed prior to termination of the contract. The above remedies shall be Client’s sole and exclusive
remedies in the event the Client terminates the Firm's services under this provision.
The Firm may terminate this Contract upon seven days written notice. If terminated, Client agrees to pay the
Firm for all Basic and Additional Services rendered and Reimbursable Expenses incurred up to the date of
termination. Upon not less than seven days’ written notice, Landscape Architect may suspend the performance
of its services if Client fails to pay the Firm in full for services rendered or expenses incurred. The Firm shall
have no liability because of such suspension of service or termination due to nonpayment.
Indemnification
The Firm agrees, to the fullest extent permitted by law, to indemnify and hold harmless the Client up to the
amount of this contract fee for services from loss and expense, including reasonable attorneys’ fees, to the extent
caused by Firm’s negligent acts, errors or omissions in the performance of the work under this Contract. Firm
shall not be liable for special, incidental or consequential damages, including, but not limited to loss of profits,
revenue, use of capital, or for any other loss of any nature, whether based on contract, tort, negligence, strict
liability or otherwise, by reason of the work done under this Contract. The Client agrees, to the fullest extent
permitted by law, to indemnify and hold harmless the Firm from any damage, liability or cost, including
reasonable attorneys’ fees and costs of defense arising from this project, to the extent caused by the Client's
negligent acts, errors or omissions and those of its other Firms, sub-consultants or consultants (whether or not
the Client is legally liable for them) or anyone for whom the Client is legally liable. In the event of joint or
concurrent negligence, Firm shall bear only that portion of the loss or expense that its share of the joint or
concurrent negligence bears to the total negligence (including that of the third parties) which caused the personal
injury or damage.
Limitation of Liability
In any event, in recognition of the relative risks and benefits of the project, the Client and the Firm have allocated
the risks such that the Client agrees that to the fullest extent permitted by law, the Firm’s total aggregate liability
to the Client for any and all injuries, claims, costs, losses, expenses, damages of any nature whatsoever or claim
expenses arising out of this Contract from any cause or causes, including attorney's fees and costs, and expert
witness fees and costs, shall not exceed the total Firm’s fee for the work rendered on this project.
Dispute Resolution
Client and Firm agree to mediate claims or disputes arising out of or relating to this Agreement as a condition
precedent to litigation. The mediation shall be conducted by an agreed upon mediation service acceptable to the
parties. A demand for mediation shall be made within a reasonable time after a claim or dispute arises and the
parties agree to participate in mediation in good faith. Mediation fees shall be shared equally. In no event shall
any demand for mediation be made after such claim or dispute would be barred by the applicable law.
Ownership of Documents
Copies of the final construction documents prepared by Upland Design may be retained by the Client at the
completion of the project for their records in both print and digital PDF versions. All instruments of professional
service prepared by the Firm, including, but not limited to, drawings and specifications, are the property of the
Firm, and these documents shall not be reused on other projects without Firm's written permission. Any reuse
or distribution to third parties without such express written permission or project-specific adaptation by the Firm
will be at the Client's sole risk and without liability to the Firm or its employees, and subcontractors. Client
shall, to the fullest extent permitted by law, defend, indemnify, and hold harmless Client from and against any
and all costs, expenses, fees, losses, claims, demands, liabilities, suits, actions, and damages whatsoever
arising out of or resulting from such unauthorized reuse or distribution. The Firm reserves the right to include
representations of the Project in its promotional and professional materials.
Upland Design is responsible for ensuring that an as-built survey is included in the bid documents. Once all
improvements have been completed and found to be satisfactory to the City, the contractor to provide an as-
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13.
14.
15.
16.
built survey prepared by an Illinois Licensed Surveyor. The accuracy and applicable fees of the as-built survey
is the responsibility of the contractor. The final as-built survey will be provided to the City in digital format.
Governing Law
This Agreement is governed by the laws of the State of Illinois.
Entire Agreement and Severability
This Agreement is the entire and integrated agreement between Client and the Firm and supersedes alll prior
negotiations, statements, or agreements, either written or oral. This Agreement may be amended only by written
instrument signed by both Client and Firm. In the event that any term or provision of this agreement is found to
be void, invalid or unenforceable for any reason, that term or provision shall be deemed to be stricken from this
agreement, and the balance of this agreement shall survive and remain enforceable.
No Assignment
Neither party can assign this Agreement without the other party's written permission.
Expiration of Proposal
If this agreement is not accepted within 120 days, the offer to perform the described services is withdrawn and
shall be null and void.
IN WITNESS WHEREOF, the parties hereto have executed this agreement this day of :
2024.
Client Upland Design Ltd
Sign: Sign
By:
By: MicHelle A. Kelly, President
Title:
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ATTACHMENT A upland
West Chicago Park Phase 0 Development
City of West Chicago August 21, 2024
Project Background: In 2023, the City of West Chicago began a
master planning process, with assistance from Upland Design, for a
44.2-acre area located just east of the railroad tracks and south of
Ann Street. The City has now determined that they would like to
proceed with Phase 0 renovations on the northern portion of the site.
Project components include:
e Shelters
e Site Furniture
e Trail system development
e Native plantings
e Tree plantings
e Vegetation maintenance for a duration to be determined by
forthcoming contract documents
e Potential entry signage, if budget allows
construction is $2,000,000. The project will be packaged to group like
bid items and prepared for public bidding.
Project Scope: Upland Design Ltd, with civil engineering assistance from Hey and Associates and native
area consulting from Pizzo & Associates, proposes to accomplish the following work items to assist the
City of West Chicago with the Phase 0 development of the master plan. An approximate timeline is
indicated, and actual dates will be set to accommodate City needs.
Topographic Survey, Soil Borings and Soil Amendment Sampling: A topographic survey will be
completed by JLH Land Surveying, an Illinois Registered Land Surveyor. This will be the base plan for
the design development and construction documents. Four soil borings will be performed for the paving
as well as new shelter locations and will be used by the shelter manufacturer to design a footing size. In
addition, the soil will be tested by a soil scientist to determine the soil amendments needed for the
successful establishment of the native prairie area and tree health. The soil borings and testing will be
completed and submitted as a reimbursable item.
Site Visits: Site visits were previously made to review existing conditions during the planning process.
Photos were taken for in-office reference. Once the plans are 90% complete, a site visit will be made to
review the plans on site.
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Design Development
Upland Design will prepare a detailed design plan to incorporate the elements listed above. This will
include determining the materials, colors, and finishes. The detailed design of the shelters will be
completed. Upland will also prepare updated cost estimates. A review meeting will be held to review all
the site elements and get feedback from City staff. Upland will update the site plan and cost estimate
based on the review meeting. Any necessary adjustments to the design will be made prior to beginning
construction documents. (1 review meeting)
Construction Plans, Specifications and Bid Proposal
Based on the approved design development plans and selections, Upland Design team will prepare two
bid packages including construction plans for the items below along with technical specifications. The
first bid package will be the native areas and tree plantings, the second bid package focused on all other
built elements on site. Construction documents will address the following:
e Layout of Amenities and Equipment
e Equipment/Amenity Schedules
e Landscape Plantings and Lawn Restoration
e Construction Details for above
e Technical Specifications for above
Submittals during the development of construction documents will take place three times (approximately
at 50%, 90% and 100%). An updated estimate of construction costs for the landscape architectural
elements will be included with each submission. Comments from the review meeting will be incorporated
into the documents.
Review Meetings: Upland Design will attend two (2) client review meetings in person and one (1) virtual
team meeting during this phase. In addition, we will make one site visit with the plans at the 90% stage of
plan development to review existing conditions with proposed plans.
Native Area Management Plan: As part of the construction document phase, a native area
management plan will be prepared to guide the soil preparation, seeding, planting and care during the
establishment period for the new plantings. This will be incorporated into the construction documents for
bidding and as a guide for future management of the native areas
Public Affairs Committee Meeting: After the construction documents are complete, the plan set and
specifications will go to the Public Affairs meeting for final review prior to going out to bid.
Permits: The civil engineer and landscape architect design team will meet with the Chief Building
Official, the Stormwater Engineer, and the City Planner to review permit requirements during the
development of construction documents. The following is a permit review showing identified permits to
be included based on the current project:
Required:
1. Stormwater Permit issued by West Chicago, including post construction BMPs
if required.
2. IEPA NPDES Permitting. This task excludes coordination of a Phase 1 study if
required by agencies.
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3. State and Federal Threatened and Endangered Species Consultation
4. State Cultural Resources Consultation (excluding Phase 1 survey or greater)
Not Required:
5. At this time we see no conditions that would require a Stormwater Permit for
Special Management Areas (wetlands, buffers, and floodplain) issued by DuPage
County Stormwater Management.
6. There are no requirements for USACE Nationwide Permit or Letter of No Permit
submittals.
If the project scope expands or it is later found that additional permits are required, additional
professional scope and associated fees will be discussed with the City. No work is proposed in
the floodplain nor wetland areas for this project. Permits not specifically listed are excluded from
this scope of services. We assume all permit fees will be paid by the City. Any permit follow-up
post-construction, including as-built survey and review, is also excluded from this scope of
services and can be provided on a time and materials basis.
Biddin
The bid documents will be distributed through
Accurate Repro, Inc., who will provide both digital
and paper copies as requested by bidders. Upland
Design will contact contractors with an invitation to
bid. The City of West Chicago will place the legal ad
in a local paper and perform any other procedure as
required by local purchasing policies. Upland Design
will be available to answer questions and prepare
addenda pertaining to landscape architectural items
during bidding. Upland will be present at the bid
opening. After review of all bids, a summary letter will
be prepared for City Council approval. (1 bid open)
Construction Observation
Once construction is underway, Upland Design staff
will make fifteen (15) site visits and prepare site visit
reports. Upland will review submittals that pertain to
landscape architectural elements. Pay applications
and certified payroll will not be reviewed or retained
by Upland Design. At project completion, a
walkthrough with City of West Chicago staff to
develop a punch list will be completed. Upland will
also be available by phone to answer questions. (14
site visits and one punch list)
LNSWdO1SAR0 NSVd OOVYSIHD LSaAM
» MASTER PLAN a =
The Firm shall have the authority to act on behalf of the City only to the extent provided in this Agreement.
The Firm shall not have control over, charge of, or responsibility for construction means, methods,
techniques, sequences or procedures, or for safety precautions and programs in connection with the
construction work, nor shall the Firm be responsible for the Contractor's failure to perform the construction
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work in accordance with the requirements of the Contract Documents.
Timeline
——aS ee
Scope Date
Design Development October, 2024
Construction Plans, Specifications and Bid Proposal | October — January 2024
Permits January — March 2025
Bidding February — March 2025
Construction Observation April — September 2025
Professional Fees
The following professional fees are lump sum for the work described herein for professional services by
Upland Design Ltd, along with subconsultants Hey and Associates, and Pizzo & Associates
Survey $ 12,500
Design Development $ 18,500
Construction Plans, Specifications & Bid Proposal $ 119,375
Permitting $ 11,000
Bidding $ 1,800
Construction Observation $ 19,125
Total Professional Fee $ 182,300
Estimated Reimbursable Costs: Reimbursable items will include soil borings, soil sampling and reports
for amendments, plotting and printing of drawings, tolls, foam core, ECO Cat, and delivery of
plans/documents at the direct cost to Upland Design Ltd, and mileage reimbursement at the current IRS
reimbursement rate.
The following services are not included: The Firm and sub-consultants will not be responsible for the
following: Hydrologic/hydraulic modeling the floodplain/floodway, wetland mitigation, archeological
services, environmental testing, subsurface conditions and material testing, boundary survey, construction
layout; construction scheduling; construction work; work-site safety, labor negotiations, permit fees or court
appearances as part of these services.
Hazardous Materials: The site was formally a contaminated industrial site which was cleaned and given
approval to be used as a park site. The scope of the Firm’s services and the services of its
subconsultants does not include any responsibility for detection, remediation, accidental release, or
services relating to waste, oil, asbestos, lead, or other hazardous materials, as defined by Federal, State,
and local laws or regulations.
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West Chicago Park Phase 0 Development -— City of West Chicago
Upland Design Ltd
Chicago 312.350.4088 uplandDesign.com 815.254.0091 Plainfield