On Monday July 20 (6PM) the Board of Education will be voting to APPROVE the following intergovernmental agreement with Rock Valley College. If approved, District 100 will provides numerous professional services for the acquisition and construction of the Advanced Tech Center. District 100 will receive NO REIMBURSEMENT for these services. District 100 has no rights regarding educational use of the facility.
The following is the agreement. Page 1 supplies the legal “where as’s” ; page 1 and the body of the agreement (shown below) is available at: https://go.boarddocs.com/il/district100/Board.nsf/files/BRMHLL490737/$file/Agreement%20with%20District%20100.pdf
The exhibits referenced which include the actual building proposal were not released to the public. [Now available at: http://district100watchdog.blogspot.com/2020/07/district-100-proposal-for-rvcs-advanced.html]
For your convenience some major items have been highlighted.
Intergovernmental Agreement between Rock Valley College and Belvidere CUSD #100 to Act as Owner’s Representative for Advanced Technology Center Development Project
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1. Recitals. The recitals set forth above are hereby adopted as though fully set forth herein.
2. Relationship of the Parties. The School District shall serve as the College’s agent on the Project as a fiduciary of the College, and will manage the General Contractor and act on behalf of the College, to the extent expressly authorized by the College. The School District’s conduct and performance shall be based upon a relationship of the trust and confidence in which the actions of the School District shall be on behalf of the College acting for the College’s best and exclusive interests.
2.1 Standard of Care The School District shall furnish its skill and judgment based upon the trust and confidence which the College places in the School District and the commercial expectation that the School District shall act on the College’s behalf exercising the degree of care of an experienced and professional owners representative engaged in projects of similar complexity and magnitude.
2.2 Design Professionals The School District shall enter separate agreement with a Design Professional (also referred to herein as “Architect”) to provide architectural and engineering design of Base Building Work of the Project. The College shall be named as a third-party beneficiary in the School District’s contract with the Architect, and the College shall have the right to review and approve the School District’s contract with the Architect. The School District shall engage Ollmann Ernest Martin Architects and Engineers as the primary Architect for the Project (as hereinafter defined) and for the Work (as hereinafter defined) included in the Base Building Budget (as hereinafter defined), and such engagement will be as a fiduciary and agent of the College. Ollmann Ernest Martin Architects and Engineers’ fees were included as a cost in the School District’s proposal for the Base Building Budget. The School District shall assist the College in identifying the Architect and any other Design Professionals and entering into any necessary contracts with said Architect and/or other Design Professionals for FFE and/or other design requirements. For any Architect that the School District retains, the School District shall submit any invoices from the Architect to the College for its approval and payment.
2.3 Relationship of the School District to Other Project Participants In providing the School District’s services described in this Agreement, the School District shall on the College’s behalf endeavor to maintain a working relationship with the Architect, and General Contractor. Nothing in this agreement shall be construed to impose an obligation upon the School District to assume any of the responsibilities or duties of the Page 3 Architect or General Contractor. The Design Professional is solely responsible for the Project design and shall perform in accordance with the agreement between the Design Professional and the College. The General Contractor is solely and exclusively responsible for managing, coordinating, sequencing, and phasing the means, methods and techniques used in the construction of the Project and for the safety of its personnel and its operations performed in accordance with the Contract Documents. Neither School District nor College is responsible for Construction Site Safety which is the sole and exclusive responsibility of the General Contractor. 3. Project Definition. The term “Project” when used in this Agreement shall include the property acquisition, design, and construction to be performed in redeveloping the property at 1400 Big Thunder Blvd., Belvidere, Illinois under this Agreement. The term “Work” required for the “Project” used in this Agreement shall mean the various parts of the total design and construction to be performed by others and the coordination of that work with the College under this Agreement.
4. School District’s Basic Services. School District shall perform the basic services as set forth herein and in the School District’s proposal dated [INSERT], a copy of which is attached hereto and incorporated by reference herein as Exhibit A., and such other services as directed by the College. If there are any conflicts between Exhibit A and this Agreement, this Agreement shall control.
4.1. Property Acquisition
4.1.1 School District shall meet and communicate with the broker and real estate professionals as necessary to acquire the property at 1400 Big Thunder Blvd., Belvidere, Illinois (the “Property”). The Parties agree that time is of the essence and the School District shall take all steps necessary to enter into a purchase and sale agreement with the owner of the Property to accomplish the closing as soon as reasonably possible.
4.1.2 School District shall ensure that the purchase and sale agreement gives the College sufficient time to conduct due diligence on the Property, including any necessary title search, surveys, and environmental assessments as may be needed.
4.1.3 In negotiating the purchase of the Property, the Parties agree that the College will be purchaser of the Property, will pay the purchasing costs, and will hold title to the Property, and that the School District shall have no interest in the Property. The Parties also agree that the Board of Trustees for the College shall vote and approve the purchase of the Property prior to closing.
4.2 Programming Phase
4.2.1 School District shall meet with College and Architect to assist in the establishment of Project goals, budgetary Restraints and schedule requirements for each Project. With respect to budgetary Restraints, School District and College acknowledge and agree that Page 4 there are multiple budget amounts available to accomplish the goals of the Project. The Base Building Budget developed by the District includes the cost of acquisition of the Property plus the items noted in Exhibit B that generally include construction of the improvements shown on Exhibit C, and include the following: a. Exterior signage and painting per drawing A201 b. Floor plan per drawing A102, including: i) New paint/carpet in five (5) existing offices ii) New paint/carpet for three (3) “Huddle Rooms” iii) New Womens/Mens restroom by the waiting/reception area iv) Creation of an “open office” area ready for furnishings provided by College v) Reception/Waiting area ready for furnishings provided by College vi) Student Study Space area ready for furnishings provided by College vii) Two (2) computer lab classrooms ready for furnishings and equipment provided by College viii) Five (5) classrooms ready for furnishings and equipment provided by College ix) Seven (7) glass garage door storefronts for the computer labs and classrooms x) Painted/striped safety walk areas surrounding the Flex Space xi) 35,000 square feet of “Flex Space” with finished ceiling, heating, cooling, sprinkled in general hazard layout, existing concrete floor plus an allowance of $100,000 for either Buss Bar installation or electrical drops to serve the equipment and fixtures to be installed as part of College’s programming xii) One (1) Two (2) ton floor mounted foundationless JIB Crane – location TBD xiii) 12’x12’ Manual door for equipment load in/load out – location TBD xiv) No work in the Future Expansion Space or Supply Chain Training Area c. Sealcoating, crack filling, striping and patching as shown on drawing A100 d. Optional items to be added as deemed necessary and approved by the College, including items such as upgrading electrical service, security/camera systems, etc. The FFE Budget has been developed by the College and will be used to fit up the Flex Space, Classrooms, Computer Lab, Student Study Area and all Office Areas to accommodate College’s programming. Costs for both the Base Building Budget and FFE Budget shall be tracked and reported separately to the College by School District. The Parties agree that the College will be responsible for additional expenses for the FFE Budget and any related build-out costs as those costs were not included in the College’s Request for Proposals. (See Addendum No. 1 to Request for Proposal, #8, 9, 15, 20.f.i, 28.) 4.2.2. School District shall assist the Architect in developing College’s construction program and coordinate, attend and memorialize user group meetings necessary to Page 5 establish College’s construction program including but not limited to space, furniture, fittings and equipment. School District shall verify each program established by the Architect is consistent with Project goals and the input of each user group. If the program deviates from Project goals or user input, School District shall justify and memorialize the rationale for such deviation and submit to College for approval. During schematic design, design development and construction document phase of design, School District shall verify that the plans and specifications conform to the College’s program and approved user input.
4.2.3 School District shall communicate to the Administration and Board of Trustees of the College the progress of the Project, critical issues arising therefrom, through attendance at regular public board meetings supported by concise documentation and a recommendation for action and rationale for same, as required. 4.2.4 During the course of programming, design and construction the School District shall meet with community groups as necessary.
4.2.5 School District shall prepare periodic reports and newsletters to the educational community and interested advisory groups to be reviewed and approved by College before dissemination.
4.2.6 School District in consultation with College, shall establish a schedule and recommend phasing for work with critical dates in which buildings must be open and fully capable of use in order to maintain College’s educational program. School District shall coordinate and verify College’s schedule with the scheduling of design services by Architect and the critical path method construction schedule for construction services established by the General Contractor.
4.2.7 School District shall in consultation with the College and Architect develop a comprehensive project budget, cash flow needs and monitor for conformance during each phase of design and construction.
4.3 Design Phase
4.3.1. School District shall review schematic design, design development and Construction Documents during critical points to assure College that program and design criteria meet College’s program, schedule and budget.
4.3.2. School District shall in conjunction with Architect present critical issues for decision by College, with thorough analyses and specific recommendations.
4.3.3. School District shall develop procurement strategies for furniture, fixtures, and equipment for College’s review, approval and implementation.
4.3.4 School District shall in conjunction with the College and Architect, Page 6 develop and implement a plan for the relocation of services, people, resources, furniture, fittings and equipment prior to the commencement of construction in order to maintain an uninterrupted quality education program.
4.3.5 School District shall, in conjunction with College’s President or designee and Architect, develop bid packages for College procured furniture, fixtures and equipment, publish notice, assist in the public bidding process, review bids, perform due diligence determinations (for College procured furniture, fixtures and equipment), recommend award of alternates and recommend the award of contracts for procurement. School District shall ensure that all contracts and general conditions included within the bid packages are approved by the College and its legal counsel.
4.3.6 School District shall, in conjunction with the College’s President or designee and Architect, develop bid packages for the Project’s construction, publish notice, assist in the public bidding process, review bids, recommend award of alternates and award of contracts. School District shall ensure that all contracts and general conditions included within the bid packages are approved by the College and its legal counsel.
4.3.7 School District shall provide services on average of eight (8) hours a week (excluding travel) to ensure construction meets the project budget, schedule and design criteria, and otherwise protect the College’s interest.
4.3.8. It is the responsibility of the School District to promptly communicate all issues to the College’s President which require decisions by College and make an explicit recommendation and provide the rationale for such recommendation, and where authorized by Board Policy or in writing, to make decisions on the College’s behalf.
4.3.9. School District shall on a monthly basis, or more frequently as is necessary, report to the College the progress of each Project.
4.4 Bid/Award Phase
4.4.1 School District shall assist the College in preparing and placing notices and advertisements to solicit bids for the Project.
4.4.2 School District shall in conjunction with the College and Architect shall participate in Pre-bid Conferences. These conferences shall be forums for the College, School District, and Architect to explain the Project requirements to the bidders, including information regarding the idiosyncrasies of the construction site, and supply other information regarding, schedule, time cost control, site security, safety and the College’s administrative and technical information requirements.
4.4.3 School District shall assist the College in the bid opening and shall evaluate the bids for contract document compliance and price. The School District in conjunction Page 7 with the Architect shall assist the College regarding the acceptance or rejection of bids.
4.4.4 School District shall in conjunction with the Architect conduct post-bid conference with the successful General Contractor to review the contract award and administrative procedures.
4.4.5. School District shall in consultation with the College and Architect participate in a pre-construction conference with the General Contractors.
4.4.6. School District shall review and verify certifications pertaining to licenses, permits, bonds and insurance provided by the successful General Contractor to assure College that construction does not commence until all requirements of this paragraph are met. Review by School District shall not relieve the General Contractor of their respective responsibility to comply with the provisions of the Contract Documents.
4.4.7. School District shall review the General Contractor’s schedule for compliance with the requirements of the Contract Documents and for compliance with the Project Objectives.
4.5 Construction Phase
4.5.1 The School District shall in conjunction with the College develop logistics to accommodate the College’s Project schedule as set forth in Section 6.
4.5.2 The School District shall expedite, monitor and report to the College construction phase information and communications including requests for information, shop drawings, material and equipment submittals, contract schedule variations, process payment applications and change orders and make appropriate recommendations pertaining to same.
4.5.3 The School District shall prepare and distribute a monthly report addressing the items listed in paragraph 4.5.2 to insure the expeditious transfer of information between the Architect and the College. The School District shall prepare and update current and past activity of the construction process as part of a monthly report.
4.5.4. The School District shall attend and participate in weekly Project Meetings attended by the Architect, General Contractor and subcontractors which shall serve as a forum for the exchange of information concerning the Project, review of the construction process, and the scheduling, sequencing and coordination of construction and its impact on the uninterrupted educational program of the College. School District shall review for accuracy the minutes of these meetings and shall correct or revise meeting minutes to accurately reflect what transpired at the meetings and report to the College the progress of the Project based upon the information exchanged at such meetings.
4.5.5 The School District shall review pay applications submitted by the Page 8 General Contractor and shall prepare a recommendation to the College whether the amount requested accurately reflects the progress of the Project.
4.5.6 The School District shall verify that the Architect is providing appropriate and timely observation of construction to monitor the quality of construction. School District is not responsible for means, methods or techniques of construction, or site safety which is the sole and exclusive responsibility of the General Contractor.
4.5.7 School District shall notify the College of revisions necessary to the Schedule in order to meet the Project deadlines and shall recommend modifications to the Schedule if necessary.
4.6 Substantial Completion
4.6.1. School District, in conjunction with the College’s President or designee, shall upon substantial completion, coordinate and manage the final clean up of the site, move-in and installation of College procured furniture, fixtures and equipment, and other systems.
4.6.2 School District shall in conjunction with the College establish a user punch list procedure which shall include (a) identification of exact location of the deficiency; (b) digital photograph of the deficiency; (c) and description of the construction item(s) which are either incomplete or improperly installed. School District shall transmit and coordinate the punch list items with the Architect’s punch list for inclusion where appropriate in the Punch List which shall be attached to the Certificate of Substantial Completion. School District shall monitor the completion of all punch list work. School District shall in conjunction with the Architect verify the satisfactory completion of punch list item(s). School District shall report to College and user group the disposition of punch list items.
4.6.3 School District shall upon final completion verify final submittals to College such as warranties, operating manuals and instructional materials.
4.7 Final Completion
4.7.1 The School District shall review the Architect’s determination that the Work is final and complete and recommend acceptance or rejection prior to final payment.
4.7.2 The School District shall secure, verify and transmit to the College Record Documents, Operation and Maintenance Manuals and Warranties required by Contract Documents.
5. Duration of Services. School District’s services under this Agreement shall be completed upon issuance of a Certificate of Final Completion.
6. Project Schedule. School District shall begin its services for property Page 9 acquisition, programming, and identification of any design professionals in an expeditious manner upon execution of this Agreement. The School District shall meet the deadlines set forth in the schedule in its proposal, separately attached hereto as Exhibit D. The Project must be final and complete (Final Completion) by June 1, 2021 so that the College can start holding classes at the start of the Fall 2021 semester.
7. Compensation and Reimbursable Expenses. The Parties agree that the College shall not compensate the School District for its services as the College’s representative. In the event that the School District seeks to expend funds for which it will seek reimbursement from the College, the School District shall obtain the College’s written pre-approval of such expense.
8. Insurance. The School District shall purchase and maintain the following insurance with a carrier or cooperative that holds an A.M. Best rating of A X, or better. A. Commercial General Liability and Property Damage Occurrence: $1,000,000 Aggregate: $2,000,000 B. Automobile liability Insurance Occurrence: $250,000 Aggregate: $500,000 C. Excess Liability: $2,000,000. Commercial General Liability Insurance may be obtained under a single policy for the full limits required or by a combination of the underlying policies with the balance provided by an excess or umbrella liability policy. The College and Architect shall be named as an “additional insured” in any liability policy under form CG 20 10. 9. Indemnity.
9.1 The School District to the extent permitted by law agrees to defend, indemnify and hold harmless the College and its board members, employees, agents and representatives from and against any and all claims, demands, suits and damages for bodily injury and property damage, including attorney’s fees incurred by College, that arise out of or are the result from the negligent acts or omissions of the School District in performing its services under this Agreement but not due to the College’s own negligent acts or omissions.
9.2 The College to the extent permitted by law agrees to defend, indemnify and hold harmless the School District and its board members, employees, agents and representatives from and against any and all claims, demands, suits and damages for bodily Page 10 injury and property damage including attorney’s fees incurred by the School District, that arise out of or are the result from the negligent acts or omissions of the College but not due to the School District’s own negligent acts or omissions. 10. Termination.
10.1 This Agreement may be terminated by the College for convenience after seven (7) days written notice to the School District.
10.2 This Agreement may be terminated for cause by either Party hereto upon seven (7) days written notice should the other Party fail to substantially perform in accordance with the terms hereof through no fault of the other or if the Project in whole or substantial part is stopped for a period of ninety (90) days.
11. Miscellaneous. This Agreement includes the Proposal and the other documents incorporated herein by reference, and represents the entire and integrated agreement between the College and the School District and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the College and the School District. Board of Education of Belvidere Community Unit School District 100 Board of Trustees of Illinois Community
