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HomeMy WebLinkAbout95-34 Resolution No. 95-34 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH JOHNSON, JOHNSON & ROY, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard B. Helwig, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Johnson, Johnson & Roy, Inc. for engineering services for the preparation of plans, specifications and cost estimates for the library temporary parking lot project, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: February 22, 1995 Adopted: February 22, 1995 Omnibus Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk AGREEMENT THIS AGREEMENT, is made and entered into this ; day of February, 1995, by and between the CITY OF ELGIN, n Illinois municipal corporation (hereinafter referred to as "CITY" ) and Johnson, Johnson & Roy, Inc . (hereinafter referred to as "ENGINEER" ) . WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional services in connection with Library Temporary Parking Lot - STO8b (hereinafter referred to as the "PROJECT" ) . AND WHEREAS, the ENGINEER 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, in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged it is hereby agreed by and between the CITY and the ENGINEER that the CITY does hereby retain the ENGINEER to act for and represent it in all engineering matters involved in the PROJECT, subject to the following terms and conditions and stipulations, to-wit: I. SCOPE OF SERVICES A. All work hereunder shall be performed under the direction of the Director of Public Works of the CITY, herein after referred to as the "DIRECTOR" . B. In general the ENGINEER' S work shall include but may not be limited to the following major categories of engineering activities : Phase I - Preliminary Engineering . Topographic Surveys . Geotechnical Investigations . Lot Configuration . Preliminary Cost Estimate Phase II - Final Engineering . Preparation of Final Plans and Specifications for Bidding . Preparation of Final Pre-bid Cost Estimate -2- Phase III - Bidding . Clarify Bid Documents to Bidders . Bid Evaluation . Recommendation for Award C. A detailed Scope of Services is attached hereto as Attachment A. Phase IV - Construction Engineering Construction related professional services are currently not a component of this agreement, but may be added by a written amendment or change order to this agreement in the future. II. PROGRESS REPORTS A. 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. B. The Engineer 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 . III. WORK PRODUCTS All work products prepared by the ENGINEER pursuant hereto including, but not limited to, reports, 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 ENGINEER 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 other project, and such reuse shall be at the sole risk of the CITY without liability or legal exposure to the ENGINEER. IV. PAYMENTS TO THE ENGINEER A. The CITY shall reimburse the ENGINEER for services under this Agreement a lump sum of Thirty four thousand two hundred sixty Dollars ($34,260,00) , regardless of actual Costs incurred by the ENGINEER unless SUBSTANTIAL modifications to the project are authorized in writing by the CITY. -3- B. An allowance for reimbursable expenses under this Agreement shall not exceed Three Thousand Dollars ($3,000 . 00) . This allowance is in addition to the lump sum fee identified in paragraph IVA above. C. The CITY shall make periodic payments to the ENGINEER based upon actual progress within 30 days after receipt and approval of invoice. D. A detailed hourly analysis and fee breakdown is attached hereto as Attachment Cl and C2 . V. INVOICES A. The ENGINEER shall submit invoices in a format approved by the CITY. Progress reports ( IIC above) will be included with all payment requests . B. The ENGINEER shall maintain records showing actual time devoted and cost incurred. The ENGINEER shall permit the authorized representative of the CITY to inspect and audit all data and records of the ENGINEER for work done under this Agreement. The ENGINEER shall make these records available at reasonable times during the Agreement period, and for a year after termination of this Agreement. VI. 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 ENGINEER. In the event that this Agreement is so terminated, the ENGINEER 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 IV above. VII. TERM This Agreement shall become effective as of the date the ENGINEER is given a written Notice to Proceed following approval of CITY' S corporate authorities and, unless terminated for cause or pursuant to Article VI foregoing, shall expire on the date the DIRECTOR determines that all of the ENGINEER' 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 breach hereof by the ENGINEER. -4- VIII. NOTICE OF CLAIM If the ENGINEER wishes to make a claim for additional compensation as a result of action taken by the CITY, the ENGINEER 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 ENGINEER' s fee shall be valid only to the extent that such changes are included in writing signed by the CITY and the ENGINEER. Regardless of the decision of the DIRECTOR relative to a claim submitted by the ENGINEER, all work required under this Agreement as determined by the DIRECTOR shall proceed without interruption. IX. 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. X. INDEMNIFICATION The ENGINEER shall indemnify and save harmless the CITY, its officers and employees from and against any and all loss, liability and damages of whatever nature, including but not limited to Workmen' s Compensation claims, in any way resulting from or arising out of negligent actions or omissions of the ENGINEER in connection herewith, including but not limited to negligent actions or omissions of employees or agents of the ENGINEER arising out of the performance of professional services . XI. 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. -5- XII. INSURANCE A. Comprehensive Liability. The ENGINEER 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 ENGINEER shall deliver to the DIRECTOR a Certificate of Insurance naming the CITY as- additional insured. The policy shall not be modified or terminated without thirty ( 30) days prior written notice to the DIRECTOR. The Certificate of Insurance which shall include Contractual obligation assumed by the ENGINEER under Article X entitled "Indemnification" shall be provided. B. Comprehensive Automobile Liability. The ENGINEER shall provide, pay for and maintain in effect, during the term of this Agreement, a policy of 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 ENGINEER shall carry Engineer' 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. XIII . CONSTRUCTION MEANS, METHODS, TECHNIQUES, SEQUENCES, PROCEDURES AND SAFETY The ENGINEER 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 .- -6- XIV. 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. XV. 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. XVI . DELEGATIONS AND SUBCONTRACTORS Any assignment, delegation or subcontracting shall be subject to all the terms, conditions and other provisions of this Agreement and the ENGINEER shall remain liable to the CITY with respect to each and every item condition and other provision hereof to the same extent that the ENGINEER would have been obligated if it had done the work itself and no assignment, delegation or subcontract had been made. XVII. NO CO-PARTNERSHIP OR AGENCY It is understood and agreed that nothing herein contained is intended or shall be construed to, in any respect, create or establish the relationship of co- partners between the CITY and the ENGINEER, or as constituting the ENGINEER as the general representative or general agent of the CITY for any purpose whatsoever -7- or to constitute an employment relationship between the parties hereto. XVIII. 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. XIX. 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 . XX. 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. XXI. 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 . XXII. NEWS RELEASES The ENGINEER may not issue any news releases without prior approval from the DIRECTOR, nor will the ENGINEER make public proposals developed under this Agreement without prior written approval from the DIRECTOR prior to said documentation becoming matters of public record. XXIII . COOPERATION WITH OTHER CONSULTANTS The ENGINEER shall cooperate with any other consultants in the CITY' s employ or any work associated with the PROJECT. -8- XXIV. INTERFERENCE WITH PUBLIC CONTRACTING: P.A. 85-1295 The ENGINEER certifies hereby that it is not barred from bidding on this contract as a result of violations of either Section 33E-3 or Section 33E-4 of the Illinois Criminal Code. XXV. SEXUAL HARASSMENT As a condition of this contract, the ENGINEER shall have written sexual harassment policies that include, at a minimum, the following information: A. the illegality of sexual harassment; B. the definition of sexual harassment under state law; C. a description of sexual harassment, utilizing examples; D. the vendor' s internal complaint process including penalties; E. the legal recourse, investigative and complaint process available through the Illinois Department of Human Rights, and the Illinois Human Rights Commission; F. directions on how to contact the department and commission; G. protection against retaliation as provided by Section 6-101 of the Human Rights Act (copy attached) . A copy of the policies must be provided to the Department of Human Rights upon request. P.A. 87-1257 . XXVI. WRITTEN COMMUNICATIONS All recommendations and other communications by the ENGINEER 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 ENGINEER be made or confirmed in writing. XXVII. NOTICES 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 : -9- A. As to CITY: JAMES L. KRISTIANSEN Director of Public Works City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 B. As to ENGINEER: RANDALL A. MACHELSKI Senior Associate Johnson, Johnson & Roy, Inc. 3010 W. Monroe, Suite 1010 Chicago, Illinois 60603 -10- IN WITNESS WHEREOF, the undersigned have placed their hands and seals upon and executed this Agreement 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 CITY OF ELGIN By /0g • By Dolonna Mecum Richard B. Heiwig I City Clerk City Manager (SEAL) For the ENGINEER: 1995Dated thisdel? day of t4t.(/ !r /1V5 . ATTEST: • /ILL& P.)(AdL1291* . BY .001' • --.001.0e :y _ZZeide,` Se 'etary 7,e4'Pres • e r (SEAL) ATTACHMENT A DETAILED SCOPE OF SERVICES 1 ATTACHMENT A DETAILED SCOPE OF SERVICES PROJECT SCOPE A. GENERAL 1. The "Project"as used herein refers to the preparation of design and technical drawings, specifications, and assistance in bidding and award. 2. Basic Services for the project shall be provided in the following phases: a. Construction Documents b. Bid and Award Assistance Schematic Design and Design Development Phases have been completed as part of a previous separate contract. 3. JJR has proposed the following construction budget for this project: Parking Lot A: 100 cars x $4,000/car= $400,000 B. CONSTRUCTION DOCUMENT PHASE 1. JJR will work with the City of Elgin to finalize the configuration of the parking lot. 2. Once the plan is approved, JJR shall prepare Construction Documents setting forth in detail the requirements for the construction of the entire Project, including but not limited to the following: a. JJR shall prepare fully coordinated Constructed Documents and specifications complying and conforming to all applicable municipal, county, state and federal laws, regulations, ordinances and interpretations of same. b. JJR shall develop, coordinate and complete storm sewer documents and all other information required for the complete construction of the storm sewer system. c. JJR shall develop, coordinate and complete water distribution and fire protection documents and all other information required for the complete construction of the water distribution and fire protection systems. 2 d. JJR shall coordinate electrical documents, which consist of power distribution, lighting, riser diagrams, details, and all other information required for the complete installation of the lighting. e. JJR shall develop, coordinate and complete the documents for landscape and harscape and all other information for the complete description and documentation of such systems. f. An irrigation system will be described as a design/build component of the project utilizing performance specifications. g. Site signage and graphics are excluded. h. Traffic signal modifications are excluded. I. JJR shall develop, coordinate and complete the technical specifications, which designate all construction materials, systems, qualities, workmanship and equipment, using the CSI format, and assemble such specifications into a Project Manual. 2. A final estimate of the Probable Construction Cost of the items included on the drawings and in the specifications will be prepared and used for evaluation of competitive bidding. The cost estimate will relate to and recognize the budget, except where authorized additions or deletions are included. 3. For this phase of the project, a total of three (3) meetings have been budgeted. C. BID AND AWARD PHASE 1. Upon review and written approval of the Construction Documents by the City of Elgin, JJR shall assemble the documents into separate bid packages as mutually agreed upon. 2. JJR shall answer questions and supply additional detail of the Construction Documents to clarify contradictions or ambiguities. 3. For this phase of the project, a total of two (2) meetings have been budgeted. 3 CITY OF ELGIN RESPONSIBILITIES The Client will provide promptly full information regarding the requirements for the project. The Client will designate a single representative to act in its behalf relative to the project. The Client's representative shall examine documents submitted by JJR and shall render decisions pertaining thereto promptly to avoid unreasonable delay in the progress of JJR's services. JJR shall proceed with services only upon written request by the Client's representative. The Client agrees to report promply in writing to JJR any fault or defect in JJR's services or nonconformance with the provisions of this contract. END OF ATTACHMENT A c:\elgltaff.doc ATTACHMENT B PROJECT SCHEDULE ATTACHMENT B DETAILED SCHEDULE PHASE OF WORK 1995 JAN FEB MAR APRIL MAY JUNE JULY AUG SEPT PROJECT START UP * 1ST I. SURVEYING GEOTECHNICAL In, CONTRACT DOCUMENT *1ST 1996 * 8 IV. BIDDING/AWARD V. CONSTRUCTION PROJECT cOry1P1.0101i *1ST ATTACHMENT C MANPOWER LOADING AND FEE CALCULATIONS • ATTACHMENT Cl SUMMARY OF HOURS SUMMARY OF HOURS JOHNSON JOHNSON&ROY SUNJOY BURNIDGE TOTAL PHASES ASSOCIATES PROFESSIONAL TECHNICAL PRINCIPAL STAFF PRINCIPAL STAFF STAFF STAFF i. SURVEYING * SURVEYING COORDINATION 8 2 4 14 * SURVEY EXECUTION 24 70 94 SUB TOTAL 8 2 0 0 0 28 70 108 IL GEOTECHNICAL * GEOTECHNICAL COORDINATION 8 2 10 * GEOTECHNICAL EXECUTION SUB TOTAL 8 2 0 0 0 0 0 10 III. CONTRACT DOCUMENTS * PRELIMINARY DESIGN 24 8 8 4 44 * FINALIZE DESIGN 16 8 8 8 4 44 * COST ESTIMATE 8 8 8 4 28 PLAN APPROVAL 16 i 16 CONSTRUCTION DRAWINGS 20 40 132 18 24 234 SUB TOTAL 84 64 148 20 8 0 0 366 IV. BIDDING * BID LETTING/ QUESTIONS 16 4 20 * BID REVIEW/APPROVAL 8 8 SUB TOTAL 24 0 0 4 0 0 0 28 TOTAL 124 68 148 24 8 28 70 512 ATTACHMENT C2 FEE AMOUNTS BY FIRM AND PHASE FIRM PHASE JJR SUNJOY BURNIDGE* GEOTECHNICAL TOTALS I $680 $7,000 $7,680 II $680 $2,000 $2,680 III $18,290 $4,290 $22,580 IV $1,020 $300 $1,320 LUMP SUM FEE $20,670 $4,590 $7,000 $2,000 $34,260 REIMBURSABLES** $2,800 $200 $3,000 CONTRACT AMOUNT $23,470 $4,590 $7,000 $2,200 $37,260 *- BURNIDGE BASE COST FOR THE TOPOGRAPHY,U11Ll1Y,AND R.O.W. BOUNDRY IS$6,000.00 PLUS THE TITLE SEARCH COST(ESTIMATE $1,000 NOT-TO-EXCEED) FOR THE PROPERTY ON WHICH THE BUILDING SHALL REMAIN; NORTH SIDE OF WATER STREET. **- ALL REIMBURSABLE EXPENSES ARE INCLUDED IN JJR'S BASIC COMPENSATION EXCLUDING THE COST FOR REPRODUCTION OF BIDDING DOCUMENTS. JJR WILL FURNISH THE CLIENT WITH ONE SET OF MYLAR REPRODUCTIONS OF ALL DRAWINGS AND ONE SET OF 8 1/2 x 11 BOND PAPER COPIES OF ALL SPECIFICATIONS FOR BID SET REPRODUCTION. JJR HAS INCLUDED THE COST FOR ALL NECESSARY MUNICIPAL REVIEW SETS. • ` � Agenda Item No. F o -:r February 1, 1995 TO: Mayor and Members of the City Council FROM: Richard B. Helwig, City Manager SUBJECT: Engineering Agreement for Library Temporary Parking Lot (ST08b) PURPOSE This memorandum will provide the Mayor and members of the City Council with information to consider entering into an Agreement with Johnson, Johnson and Roy, Inc. , for the preparation of plans, specifications and estimates for the Library Temporary Parking Lot. BACKGROUND The reconstruction of Kimball Street, currently programmed for 1997, will eliminate about 80 parking spaces at the existing Kimball Street parking lot used extensively by the Gail Borden Library. Consequently, prior to the start of the Kimball Street construction, alternate parking for the library will need to be in place. The City has purchased, or is in the process of purchasing, the block to the east of the current library parking lot. This is the block bounded by Kimball Street on the north, Brook Street on the east, Water Street on the south and Grove Avenue on the west. It is anticipated that the City will own this entire block with the exception of the L.A. Metal Polishing (Kresmery Building) by 1996 . A map has been attached as Exhibit A. Depending upon configuration alternatives, we should be able to construct between 100 to 110 parking spaces within this block. Johnson, Johnson and Roy, Inc. are the engineers who prepared the design concept plans for the streetscape improvements for the Civic-Cultural District of the Center City Plan. The design concepts also included the concept for the Library Temporary Parking Lot. Consequently, Johnson, Johnson and Roy, Inc. , was asked to submit a proposal for the final engineering of the lot. Mayor and Members of City Council f February 1, 1995 Page 2 The proposed agreement for engineering services with Johnson, Johnson and Roy, Inc. , is in the lump sum amount of $34,260 . 00, with a $3,000 . 00 reimbursable allowance. The budget estimate for engineering was $45,000 . The proposed Agreement is attached as Exhibit B. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. FINANCIAL IMPACT The engineering agreement amount for the Library Temporary Parking Lot will be for $37 ,260.00 with $45,000 included in the 1995 budget from riverboat proceeds . Our design concept cost estimate for lot construction, including construction engineering and construction contingency is $600,000 . Although construction funding has not been specifically identified in the Five-Year Financial Plan, the Plan suggests eliminating the Working Cash Fund ($1,000, 000) when it becomes unnecessary rk because of sufficient cash reserves . LEGAL IMPACT None. RECOMMENDATION It is recommended that the City Council authorize the City Manager to execute an Agreement with Johnson, Johnson and Roy, Inc. , 3010 W. Monroe, Suite 1010, Chicago, Illinois in the lump sum amount of $34 ,260 . 00 plus $3, 000 for reimbursables, for the preparation of plans, specifications and cost estimates for the Library Temporary Parking Lot project (STO8b) . -I R spectfully -u itte , ilJames L. Kristiansen Public Works Director ��) H �Cv Deborah K. Nier, Director Century Partnership Richard B. Helwig City Manager JLK/do Attachment EXHIBIT A LOCATION MAP FOR TEMPORARY LIBRARY PARKING LOT r r 4#11111) See Page 06-//N l } l Rs 1 0 Iif4 its 1 nb lost . t Y 'sI ! , °° n , 45 = i 8 :$: lAati 1 rcy ' , � 2 •010 1 4 / ( 7i — --OOS 75 /2 . . 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