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HomeMy WebLinkAbout08-170 Resolution No. 08-170 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH SMITH GROUP JJR, L.L.C., d/b/a JJR, L.L.C. FOR CONSULTING SERVICES REGARDING IMPROVEMENTS TO THE SPORTS COMPLEX BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Olufemi Folarin,City Manager,and Diane Robertson,City Clerk,be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Smith Group JJR,L.L.C.d/b/a/ JJR,L.L.C.for consulting services regarding improvements to the Elgin Sports Complex,a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: July 9, 2008 Adopted: July 9, 2008 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk ik AGREEMENT THIS AGREEMENT is made and entered into this day of , 2008,by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafte eferred to as "CITY") and SmithGroup JJR, LLC dba JJR, LLC (hereinafter referred to as "CONSULTANT"). WHEREAS,the CITY desires to engage the CONSULTANT to furnish certain professional services in connection with the Elgin Sports Complex (hereinafter referred to as the PROJECT); and WHEREAS,the CONSULTANT represents that he 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 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 perform the services relating to 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 Randy Reopelle, the Director of Parks and Recreation of the CITY, herein after referred to as the "DIRECTOR". B. Services required include the development of a conceptual site plan, preliminary storm water management plan, programming for a maintenance building and concession/visitor center, phasing plans and a statement of probable construction cost. C. A detailed Scope of Services is attached hereto as Attachment A. 2. PROGRESS REPORTS A. An outline project milestone schedule is provided hereinunder. B. A detailed project schedule for the Project is included as Attachment B, attached hereto. Progress will be recorded on the project schedule and submitted monthly as a component of the Status Report described in C 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. 3. WORK PRODUCTS All work products 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 products for its records. Such work products are not intended or represented to be suitable for reuse by the CITY on any extension to the PROJECT or on any o other project, and such reuse shall be at the sole risk of the CITY without liability or legal exposure to the CONSULTANT. 4. PAYMENTS TO THE CONSULTANT (Lump Sum Method) A. The CITY shall reimburse the CONSULTANT for services under this Agreement a lump sum of Forty-Two Thousand, Five Hundred Dollars ($42,500), regardless of actual Costs incurred by the CONSULTANT unless substantial modifications to the project are authorized in writing by the DIRECTOR. In addition, reimbursable expenses will not exceed $2,500. B. The CITY shall make periodic payments to the CONSULTANT based upon actual progress within 30 days after receipt and approval of invoice. Said periodic payments to the CONSULTANT shall not exceed the amounts shown in the following schedule,and full payments for each task shall not be made until the task is completed and accepted by the DIRECTOR. Discovery: $15,000 Alternatives: $12,500 Concept Plan: $15,000 5. INVOICES A. The CONSULTANT shall submit invoices in a format approved by the CITY. Progress reports (2C above) will be included with all payment requests. B. The CONSULTANT shall maintain records showing actual time devoted and cost incurred. The CONSULTANT shall permit the authorized representative of the CITY to inspect and audit all data and records of the CONSULTANT for work done under this Agreement. The CONSULTANT 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 CONSULTANT.In the event that this Agreement is so terminated, the CONSULTANT shall be paid for services actually performed and reimbursable expenses actually incurred prior to termination, except that reimbursement shall not exceed the task amounts set forth under Paragraph 4 above. 7. TERM This Agreement shall become effective as of the date the CONSULTANT is given a notice to proceed and, unless terminated for cause or pursuant to paragraph 6, 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. 8. NOTICE OF CLAIM - 2 - 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 within 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 included in writing signed by the CITY and the CONSULTANT. Regardless of the decision of the DIRECTOR relative to a claim submitted by the CONSULTANT, all work required under this Agreement as determined by the DIRECTOR shall proceed without interruption. 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 CONSULTANT pursuant to paragraph 4 hereof, no action shall be commenced by the CONSULTANT against the CITY for monetary damages. 10. 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. 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 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 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. - 3 - The Certificate of Insurance which shall include Contractual obligation assumed by the CONSULTANT 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 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 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 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. 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. - 4 - 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 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. 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 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. 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 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. 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 CONSULTANT may not issue any news releases without prior approval from the DIRECTOR, nor will the CONSULTANT make public proposals developed under this - 5 - Agreement without prior written approval from the DIRECTOR prior to said documentation becoming matters of public record. 23. COOPERATION WITH OTHER CONSULTANTS The CONSULTANT shall cooperate with any other consultants in the CITY'S employ or any work associated with the PROJECT. 24. 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. 25. 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 Depai lment 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 the policies shall be provided by CONSULTANT to the Department of Human Rights upon request 775 ILCS 5/2-105. 26. 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 City's Assistant City Manager prior to the entry into and execution of this agreement. 27. 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. 28. NOTICES - 6 - 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: Randy Reopelle Director, Parks and Recreation City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 B. As to CONSULTANT: Paul J. Wiese Vice President JJR, LLC 35 E. Wacker, Suite 2200 Chicago, IL 60601 29. 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,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, CONSULTANT hereby certifies, represents and warrants to the CITY that all CONSULTANT'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. 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 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 CONSULTANT to determine CONSULTANT'S compliance with the provisions of this section. In the event 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. 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 CITY: FOR THE CONSULTANT: By 41ft, \ ` _ By: /' ^ _. City ._er L. Attest: City Clerk F:\Legal Dept\Agreement\CONSULTANT AGREEMENT-FORM-06-18-08.doc - 7 - • ATTACHMENT A PROJECT OBJECTIVE The primary goals of this project are to extend playing seasons and upgrade facilities at the Elgin Sports Complex, a 75-acre athletic facility located on Route 20,just east of McLean Boulevard in Elgin,IL. PROJECT UNDERSTANDING The project will require the development of a conceptual site plan for the proposed improvements,a preliminary engineering plan that addresses storm water management,programming for proposed buildings,phasing plans and a statement of probable construction cost. Site improvements will include conversion of natural turf soccer fields to synthetic turf, a new all-condition softball field, additional field and BMX lighting, new asphalt parking,paths and trails,plazas and bleacher areas,playgrounds, and additional landscaping. Preliminary engineering will assess storm water detention needs, analyze existing storm water capacities within the complex and at the adjacent golf course, and preliminary utility routing plans to serve facilities. Architectural services will include programming, adjacency diagrams and conceptual floor plans for two new buildings, a maintenance building and a concession/visitor center. In addition,the existing soccer building will be evaluated for expansion or conversion. A statement of probable construction cost for all site improvements, storm water management and buildings will be prepared. Phasing plans will also be developed. SCOPE OF SERVICES In order to meet the project objectives, JJR has developed the following Scope of Services,based upon the Request For Proposal, dated 2 April 2008. A. General 1. The"project"as defined in this proposal refers to the development of a conceptual site plan for the proposed improvements, a preliminary engineering plan that addresses storm water management, programming for proposed buildings,phasing plans and a statement of probable construction cost. 2. For the purposes of this Scope of Services, "City" shall mean City of Elgin and"property"shall mean the Elgin Sports Complex. 3. Basic Services for the project shall be provided in the following phases: a. Discovery b. Alternatives c. Concept Plan B. PHASE 1: DISCOVERY - 8 - Task 1.1 Background Information The City will provide the JJR Team with the following information to assist JJR with the study to complete within the available timeframe to minimize cost to the City. JJR services do not include collection of any site data other than what is provided by the City, with the exception of soil investigations. JJR will complete soil borings to identify the classification of existing soils in the existing and proposed softball and the soccer field areas. a. Topographic and boundary surveys, including existing utilities. b. Previous storm water studies for the sports complex and the adjacent golf course. c. Product and operational data for the existing lighting and irrigation systems. d. Floor plans and other information related to the existing buildings. e. User groups data including rules and facility requirements. f. Any other related studies or data to assist in the project Task 1.2 Facilities Inventory The JJR Team will visit the property to become generally familiar with the existing facilities,their condition and how they currently meet the City's needs. Included with the visit will be interviews with managers and staff familiar with the property's condition and operation. Task 1.3 Confunii Program-Quantitative The JJR Team will meet with the City to confirm the facility upgrades and new facilities desired by the City including fields,parking, access and trails, amenities, buildings and upgrades to the lighting and irrigation systems. This is called the program. Much of the program has been identified in the Request For Proposal,but this will be enhanced with input from the JJR Team and our extensive experience of designing and developing similar facilities. Task 1.4 Confirm Vision-Qualitative The JJR Team will meet with the City to confirm the City's vision for the project. Vision relates to character, appearance and quality of the property. JJR will present images of similar facilities to the City to understand the City's vision for the property. Task 1.5 Issues and Opportunities Based upon the findings of the previous tasks, JJR will produce an Issues and Opportunities document that summarizes strengths and weaknesses of the property and identifies areas that would be upgraded or otherwise modified to meet the program and vision. C. PHASE 2: ALTERNATIVES Task 2.1 Site Plan Alternatives - 9 - The JJR Team will develop two to three site plan scenarios to address the identified program and vision for the site. These scenarios will consider upgrades and/or modifications to existing facilities as well as new facilities. Task 2.2 Building Alternatives The JJR Team will develop two to three floor plan scenarios to address the identified program and vision for the buildings including the visitor center, the maintenance facility and the existing soccer building. Task 2.3 Lighting and Irrigation Alternatives The JJR Team will develop two to three operational scenarios to address upgrades to the field and BMX lighting and upgrades to the existing irrigation system, including exploring options for water sources other than potable water. Task 2.4 Preliminary Storm Water Alternatives Utilizing existing storm water studies from the property and adjacent golf course, the JJR Team will assess storm water detention needs and water quality opportunities for each of the site plan alternatives. These alternatives will consider enhancement of existing systems,both on the property and at the adjacent golf course, as well as new systems. Best management practices will be considered to find the most sustainable yet cost effective solutions. Task 2.5 Magnitude of Construction Costs The JJR Team will develop magnitude of construction costs for each of the site,building, lighting and irrigation system, and storm water alternatives. These costs will be broad assessments of construction cost for purposes of comparing and evaluating the alternatives. More detailed costs will be developed once the preferred alternative is determined. Task 2.6 Alternatives Review The JJR Team will review all of the alternatives with the City. Benefits and constraints will be identified for each alternative. D. PHASE 3: Preferred Alternative Task 3.1 Preferred Alternative Based upon the discussions from Task 2.6,the JJR Team will document the preferred alternative for the site,buildings, lighting and irrigation systems and storm water. These documents would be suitable for public presentation. Task 3.2 Statement of Probable Construction Cost - 1 0 - , The JJR Team will develop a Statement of Probable Construction Cost for the preferred alternative. The statement will be itemized by site components,buildings, lighting and irrigation components, and storm water systems. Task 3.3 Phasing Plan The JJR Team will develop a phased implementation plan for the preferred alternative. Task 3.4 Public Meeting—Preferred Alternative The BR Team will organize and conduct a public meeting. The purpose of the meeting will be to review the preferred alternative with the public. Task 3.5 Final Concept Plan Based upon input from the public meeting,JJR will refine and develop the Final Concept Plan. The plan will be presented to the City for review and approval. - 11 - ATTACHMENT B PROJECT SCHEDULE Completion Dates Discovery: 45 days after Notice To Proceed, approx. August 30, 2008 Alternatives: 75 days after Notice To Proceed, approx. September 30, 2008 Concept Plan: 120 days after Notice To Proceed, approx November 15, 2008 - 12 - s June 19,2008 _ j,s.-,� =:rte • ► + TO: Mayor and Members of the City Council i FROM: Olufemi Folarin, City Manager Randel Reopelle, Parks and Recreation Director SUBJECT: RFP #08-032, Landscape Architecture/Engineering/Architecture Consultant Services Agreement with JJR, LLC PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider entering into an agreement with JJR, LLC for Landscape Architecture/Engineering/Architecture Consultant Services. RECOMMENDATION It is recommended that the City Council authorize the City Manager to execute an agreement with JJR, LLC for Landscape Architecture/Engineering/Architecture services relating to the preparation of a master concept plan for improvements to the Elgin Sports Complex in the amount of$42,500. BACKGROUND The Elgin City Council has expressed a desire to improve the Sports Complex so that more regional and national soccer/softball tournaments can be hosted, in addition to extending the length of the playing seasons. Furthermore, the BMX facility needs improvements in order to host such events. To this end, a concept plan and a phasing plan with an estimate of probable construction costs will be developed. A Request for Proposal was prepared and an advertisement was placed in the Courier News on April 2 and on the City's website. A total of 16 firms submitted proposals by the April 23, 2008 deadline. After a review by staff of all proposals, JJR, LLC was deemed the most qualified. A subsequent meeting with JJR, LLC has established the final scope of services, which is attached. It is expected that the concept and phasing plan will be completed in October 2008. JJR, LLC has successfully completed projects for the City of Elgin in the past. 4 Landscape Architecture/Engineering/Architecture Consultant Services Agreement with JJR, LLC June 19, 2008 Page 2 COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None FINANCIAL IMPACT The agreement with JJR, LLC will total $42,500. Monies for this agreement will be funded with impact fees from the Park Development Fund, account number 340-0000-795.92-32, "Capital Additions-Land Improvements," project number 509521, where $42,500 is budgeted and $42,500 is available. LEGAL IMPACT None ALTERNATIVES 1. The City Council may choose to approve the Consulting Services Agreement with JJR, LLC in the amount of$42,500. 2. The City Council may choose not to approve the Consulting Services Agreement with JJR, LLC in the amount of$42,500. Respectfully submitted for Council consideration. pb Attachment