HomeMy WebLinkAbout93-165 Resolution No. 93-165
RESOLUTION
AUTHORIZING EXECUTION OF AMENDMENT NO. 2 TO AN AGREEMENT WITH
JOHNSON JOHNSON & ROY, INC.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Larry L. Rice, City Manager, and Dolonna Mecum,
City Clerk, be and are hereby authorized and directed to
execute Amendment No. 2 to an Agreement on behalf of the City
of Elgin with Johnson Johnson & Roy, Inc . for engineering
services for the Center City Parking Lot, a copy of which is
attached hereto and made a part hereof by reference.
s/ George VanDeVoorde
George VanDeVoorde, Mayor
Presented: June 23, 1993
Adopted: June 23, 1993
Omnibus Vote: Yeas 7 Nays 0
Recorded:
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
w
Ekin
-� Agenda Item No.
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June 4, 1993
MEMORANDUM
TO: Mayor and Members of the City Council
FROM: Larry L. Rice, City Manager
SUBJECT: Amendment No. 2 with Johnson, Johnson and Roy, Inc .
(JJ&R) for Construction Engineering Services for
Center City Parking Lot Construction
PURPOSE: To provide information to consider authorizing an
Amendment No. 2 with JJ&R, to extend their professional services
to include construction engineering and inspection for the
Center City Parking Lot construction.
BACKGROUND: On April 28, 1993, City Council authorized an
Amendment No. 1 with JJ&R to provide design engineering and the
preparation of plans and specifications for the Center City
Parking Lot. The lot construction was advertised for bid on May
18 & 19 , 1993 with bids opened on June 4 , 1993 . The award of
the lot construction is anticipated to be made by City Council
on June 9 , 1993 .
This Amendment No.2 will further extend JJ&R' s professional
services to include the provision of construction engineering
and inspection. A proposed scope of work is attached which will
serve as the bases for the Amendment No.2 .
The project is still on schedule with substantial completion of
the lot anticipated by the first week of September, 1993 .
FINANCIAL IMPACT: The negotiated price for this Amendment No. 2
will not exceed $35,080 . Funds are available for the work in
Account 392-00-00-795-93-32 Center City Parking Lot.
1111,
Mayor and Members of
the City Council
June 4, 1993
Page 2
RECOMMENDATION: That City Council authorize the City Manager to
execute an Amendment No. 2 with JJ&R in the amount not to exceed
$30,280 for basic services and an amount not to exceed $4 , 800
for reimbursable expenses, for a total Amendment No.2 amount of
$35,080 .
Lar . Rice, ity Manager
do
Attachment
Amendment No. 2
d`/ uL
This Amendment No. 2 entered into this day of 1993,
by and between the City of Elgin, an Illinois municipal
corporation (hereinafter referred to as "CITY" ) and Johnson,
Johnson & Roy, Inc. (hereinafter referred to as "ENGINEER" ) ,
shall modifythat Agreement
g ree ment dated 13 August 1992 whereby the
ENGINEER was engaged by CITY to perform certain professional
services in connection with the Elgin Center City Project-Civic/
Cultural District Project, and Amendment No. 1 whereby the scope
of services of the Engineer was expanded to include the
engineering, preparation of bid documents and bid evaluation of
the Center City Parking Lot.
Whereas the CITY desires to further expand the scope of services
of the ENGINEER to include the furnishing of certain
professional construction services in connection with the Center
City Parking Lot construction (hereinafter referred to as the
"LOT" ) .
In response to these additional construction related services,
certain revisions must be made to the Agreement. In compliance,
therefore, the terms and conditions of the Agreement are
modified as specifically set out below. All other parts of the
Agreement remain unchanged.
I . Scope of Services : add the following:
I .B. 5 Phase V: Bidding & Construction
5 . 2 the Engineer shall provide construction
administration, on-site construction observation
and quality control/testing.
I .C. A detailed Scope of Construction Services is attached
hereto as Attachment E.
V. Payments to the Engineer:
D. For construction related services under this
Amendment #2 . The Engineer shall be reimbursed
at the direct hourly rate of personnel classes
as listed in Attachment E and employed on the
PROJECT. The total fee will not exceed $30,280
(thirty thousand two hundred eighty dollars) ,
regardless of actual costs incurred by the
Engineer unless substantial modifications to the
scope of work are authorized in writing.
E. The above fee shall be for basic construction
related services as described in Attachment E.
Reimbursements shall be in addition to the above
and will not exceed $4 ,800 ( four thousand eight
hundred dollars) .
-2-
IN WITNESS WHEREOF, the undersigned have placed their hands and
seals upon and executed this Amendment No. 2 in triplicate as
though each copy hereof was an original and that there are no
other oral agreements that have not been reduced to writing in
this statement.
For the City:
ATTEST: THE CITFOF LGIN
ck /7kr-e..t27---By k `t-u By
(SEAL)
For the Engineer:
Dated this ' day of L/Uvie
1993 .
ATTEST:
By
ecretary Pres nt
(SEAL)
`. fY
JJR/
111 West Washington Street, Suite 1660
Chicago, Illinois 60602
312641 0770
312 6416728 FAX
Planning/
LandscapeArchit
Urban Design/Civil Engineering/
ngineering/
Environmental Services
Johnson Johnson&Roy/inc I U N 07 J g q
2 June 1993
05-053-P028L CITY OF E.LGIN
ENGINEERING DEPT.
Mr. James L. Kristiansen
Director of Public Works
City of Elgin
40 Ann Street
Elgin, Illinois 60120
Re: Proposal for Construction Administration Services
Center City Place Parking Lot
Elgin, Illinois
Dear Mr. Kristiansen:
The Johnson Johnson & Roy/inc (JJR) team is enthusiastic about the opportunity to assist the
City of Elgin in construction of the Center City Place Parking Lot. Thank you very much for this
opportunity.
Based on our meeting with you on 19 May 1993 and subsequent telephone conversations,
JJR is pleased to submit this scope of work. We understand this work effort will be handled as
a change order to our current contract; therefore, this proposal addresses scope and fee only.
The Scope of Services is based upon the following assumption:
1. Substantial Completion for construction will be by 3 September 1993 and Final
Completion will be 29 October 1993.
We look forward to working closely with the City and your professional staff to complete this
effort. If you are in need of additional information to evaluate this proposal, please contact me
directly.
Sincerely,
JOHNSON JOHNSON & ROY/INC
Gam` , G?�✓�%
Paul J. ese I'
Associate
PJW:cjb
PROPOSAUCNTRCITY
Mr. James L. Kristiansen
City of Elgin
2 June 1993
Page 2
PHASE V. CONSTRUCTION PHASE
5.1 JJR shall commence Construction Phase services and responsibilities
upon the award to a contractor of one contract for construction of the
Project and terminate such services at the end of the contractor'seRe 1/1
-
year warranty and guaranty period. fiocr/ cv
5.2 JJR shall have access to the construction at all times for the purpose of
carrying out and performing duties and responsibilities provided for in
this Agreement.
5.3 JJR shall provide on-site construction observation and administration
services to maintain and improve the progress and quality of the Work
and shall determine, in general, if the Work is proceeding in accordance
with the Contract Documents. On the basis of such on-site observations,
JJR shall keep the Owner informed with written field reports of the
progress and quality of the Work and shall endeavor to guard the Owner
against defects or deficiencies in the Work of the contractor. JJR shall
not have control 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 Work, or for
the acts or omissions of the contractor, subcontractors or any other
persons performing any of the Work, or for the failure of any of them to
carry out the Work in accordance with the Contract Documents.
5.4 JJR shall establish a project directory, identify all parties involved in the
construction process and their responsibilities.
5.5 JJR shall maintain orderly files for correspondence, reports of job
conferences, shop drawings and samples, reproductions of original
Contract Documents including all work directive changes, addenda,
change orders, field orders, additional drawings issued subsequent to
the execution of the Contract, JJR's clarifications and interpretations of
the Contract Documents, progress reports, and other Project related
documents.
5.6 JJR shall receive and comment on contractor's list of subcontractors and
recommend acceptance/rejections to Owner.
5.7 JJR shall obtain, review and forward to Owner contract bond from
contractor, have contractor file certificate of insurance with Owner, have
contractor secure and pay for all required permits and obtain, review and
approve contractor's progress schedule.
5.8 JJR shall have contractor coordinate any utility shutoffs, removals,
adjustments or staking with Owner or appropriate utility company.
5.9 JJR shall, prior to the first application for payment, review the
contractors schedule of values and provide written comments to the
Owner.
Mr. James L. Kristiansen
City of Elgin
2 June 1993
Page 3
5.10 JJR shall use our best efforts to review and return all shop drawings and
submittals as promptly as possible in less than fourteen (14) calendar
days from receipt by JJR. All actions will be entered into the submittal
log.
5.11 Review of specified contractor's submittals (such as shop drawings,
product data and materials), is for the limited purpose of checking for
conformance with the information given and the design concept
expressed in the Contract Documents. Review of such submittals is not
conducted for the purpose of determining the accuracy and
completeness of other details such as dimensions and quantities or for
substantiating instructions for installation or performance of equipment or
systems designed by contractor, all of which remain the responsibility of
contractor to the extent required by the Contract Documents. JJR's
review shall not constitute approval of safety precautions or construction
means, methods, techniques, sequences or procedures. When
professional certification of performance characteristics of materials,
systems or equipment is required by the Contract Documents, JJR shall
be entitled to rely upon such certification to establish that the materials,
systems or equipment meet the performance criteria required by the
Contract Documents.
5.12 JJR shall review the percentage of the Work for verifying the accuracy of
the contractor's monthly application for payment. Any discrepancies
which are observed shall be promptly reported in writing to the Owner.
5.13 At 50 percent completion, JJR shall verify requirements for reduction in
retainage. Where applicable, contractor shall submit Consent of Surety.
JJR shall check waiver of lien.
5.14 JJR shall promptly review and check the inspection reports and the
periodic field test reports and data provided by the contractor and all
such other testing and inspection entities as Owner, from time to time,
may designate. JJR shall promptly advise the Owner in writing of
defects or deficiencies in the quality of the Work as indicated by such
testing and inspection reports.
5.15 JJR shall attend meetings with the Owner and contractor and shall
prepare and distribute minutes of such meetings.
5.16 JJR shall prepare and distribute bulletins, change orders, clarifications
and supplemental instructions for errors and omissions of the Contract
Documents, as required during the Construction Phase.
5.17 JJR shall participate in one nursery inspection for inspection, tagging or
otherwise approving plant material for use on the project.
Mr. James L. Kristiansen
City of Elgin
2 June 1993
Page 4
5.18 JJR shall verify that tests, equipment and systems startups and
operating and maintenance training sessions are conducted in the
presence of appropriate personnel, and that contractor maintains
adequate records thereof; and observe, record and report to Owner
appropriate details relative to the test procedures and startups.
5.19 JJR shall conduct inspections and issue a Certificate of Substantial
Completion setting forth the dates of substantial completion and
identifying the "Punch List" of incomplete or unsatisfactory items
remaining to be completed.
5.20 JJR shall verify that certificates, maintenance and operation manuals
and other data required to be assembled and furnished by contractor are
applicable to the items actually installed and in accordance with the
Contract Documents, and have this material delivered to Owner prior to
final payment for the Work.
5.21 JJR shall conduct subsequent inspections to determine that the
contractor has satisfactorily completed all "Punch List" items, and has
otherwise complied with the Contract Documents.
5.22 JJR shall receive from contractor the final application for payment along
with release of liens, consent of surety, if any, and verify that all other
conditions of the contract have been met and issue final certificate for
payment of Contractor.
5.23 JJR shall administrate and coordinate the remedial work of the
Contractor(s) after final inspection.
5.24 JJR shall review all as-built drawings and all appropriate manuals and
written warranties as required by the Contract Documents for compliance
with such documents and transmit to Owner.
5.25 JJR shall consult with Owner during the warranty period and make
recommendations concerning inadequate performance of materials,
systems and equipment under warranty.
5.26 JJR shall visit the site prior to the expiration of the contractor's one (1)
year warranty and guaranty period to verify that the Work, and any
remedial warranty or guaranty Work, has been completed in accordance
with the Contract Documents and assist Owner in administering
corrective action from the Contractor.
ADDITIONAL SERVICES
The following are excluded from the above listed Basic Services. Additional Services shall be
provided if and when authorized by the Owner in writing, in advance of performance.
II
Mr. James L. Kristiansen
City of Elgin
2 June 1993
Page 5
- - Prepare and distribute bulletins, change orders, clarifications and supplemental
7 instruction for changes and modifications requested by the Owner or for unforeseen
circumstances which may arise during construction. vide : .-h/s pailagraAb
710 be .Ir)clu ded it) Sasic S ei,iicps a be e .
-27- Prepare record documents or as-builts, based on information furnished by the
/. Contractor, including significant changes in the work made during construction.
EXTRA SERVICES
In addition to performing the Basic Services and additional services described above, JJR will
be available to provide Extra Services during the period of this contract, including but not
limited to the following:
1. Preparing written or graphic material for and/or attending public or private hearings,
meeting, or conferences with public, quasi-public or private persons, groups, or
agencies for the purpose of presenting the plans or any other like action, except as
specifically provided in the final Work Plan.
2. Preparing drawings, reports and/or slides required because of revisions in the project
program or criteria when such revisions are inconsistent with approvals or instructions
previously given; or performing services required to prepare alternate schemes for
Client's consideration beyond those described in the description of services.
3. Coordinating and/or reviewing work of any and all others performing services for the
project retained by the Client, and by any other person or organization on behalf of the
client, except as specifically provided in the final Work Plan.
4. Preparation or coordination of presentation quality perspectives, renderings, or models
other than those provided in the course of the work and prepared by the Client's
request.
5. Providing services similar to those set forth herein before and not otherwise covered by
the contract.
Extra services are to be compensated separately.
REMUNERATION
Basic Services
The client shall compensate JJR for the Scope of Services described herein on an hourly
basis. The maximum labor fee for this project is outlined below.
1. Construction Phase
a. Basic Services through Substantial Completion $24,360
(12 weeks at 24 hours per week at $75 per hour)
(12 weeks at 2 hours per week at $45 per hour)
(12 weeks at 4 hours per week at $35 per hour)
Mr. James L. Kristiansen
City of Elgin
2 June 1993
Page 6
b. Basic Services from Substantial Completion $ 5,920
through Final Completion
(8 weeks at 8 hours per week at $75 per hour)
(8 weeks at 4 hours per week at $35 per hour)
-s— --Bas -Ser4ses-f-re final Completion $ 6.700
--t-h-rough-E -d-o#,Warranty Pcriod Gle/� /r
- (40-months-at 8 hours per month at $75 per hour) T C/
(10 months at 2 hours per month at $35 per hour)
Total $36,980
Reimbursables
34,,10
In addition to the labor fees, we recommend that a budget of $4,800 be established for
reimbursable expenses per the attached Standard Fee and Reimbursement Schedule.
Extra Services
For Extra Services, JJR will be compensated at the hourly rate described in the attached JJR
Standard Fee and Reimbursement Schedule for the actual hours worked by JJR staff.
The terms and conditions of the current contract dated 20 August 1992 shall also apply to this
contract amendment.
This document may serve as an agreement between us and you may indicate your acceptance
by signing in the space provided below and returning one signed copy for our files.
We appreciate this opportunity for providing our services to you on this important project.
Attachment
jmblproposallctraty
AUTHORIZED REPRESENTATIVE: CITY OF ELGIN
BY: TITLE:
PRINTED
SIGNATURE: DATE:
AUTHORIZ REPRESENTATI E: HNSON JOHNSON & ROY/inc
BY: ITLE: Vice President/Secretary
PR
INTED
SIGNATURE: George L. Sass, ASLA DATE: 2 June 1993
STANDARD FEE AND REIMBURSEMENT SCHEDULE
JOHNSON JOHNSON & ROY/inc
CHICAGO, ILLINOIS
4 JANUARY 1993
PROFESSIONAL AND TECHNICAL STAFF
Senior Principal $125.00/hour
Principal $110.00/hour
Senior Associate $85.00/hour
Associate $75.00/hour
Senior Professional Staff/Level 2 $79.00/hour
Senior Professional Staff/Level 1 $60.00/hour
Professional Staff/Level 2 $55.00/hour
Professional Staff/Level 1 $45.00/hour
Senior Technical Staff $45.00/hour
Technical Staff $35.00/hour
These billing rates are subject to semi-annual review and revision.
A surcharge of fifty percent (50%) will be added to hourly rates for expert witness testimony and/or
for participation at hearings, depositions, etc.
REIMBURSABLE EXPENSES
Mileage $0.28/mile
Travel and Subsistence Cost
Telephone, Telex, Telecopy, etc. Cost
Postage, Handling, etc. Cost
Copies (8-1/2" x 11") $0.10/copy
Color Copies (8-1/2" x 11") $2.25/copy
Color Copies (11" x 17") $3.75/copy
Reproduction and Printing Cost + 10%
Materials Cost + 10%
Equipment Rental Cost
Subcontract Services Cost + 10%
Computer expenses for in-house Computer Aided Design and Drafting (CADD) Services shall be
billed at $15.00 per machine hour, exclusive of personnel costs.
INVOICES
Progress invoices shall be issued monthly and payment is due upon receipt. Balances remaining
unpaid after thirty (30) days are subject to a monthly finance charge of 1% (12% annually) until paid.
Johnson Johnson&Roylinc