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02-34 Resolution No. 02-34 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH WALKER PARKING CONSULTANTS FOR THE DOWNTOWN ELGIN PARKING MANAGEMENT STUDY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Walker Parking Consultants for the Downtown Elgin Parking Management Study, a copy of which is attached hereto and made a part hereof by reference . s/ Robert Gilliam Robert Gilliam, Mayor Pro Tem Presented: January 23 , 2002 Adopted: January 23 , 2002 Omnibus Vote : Yeas : 5 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk AGREEMENT THIS AGREEMENT, made and entered into this i/ day of — 2002 , by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY" ) and Walker Parking Consultants (hereinafter referred to as "ENGINEER" ) . WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional services in connection with the Downtown Elgin Parking Management Study (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, 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 Economic Development and Business Services of the City, herein after referred to as the "DIRECTOR" . B. A detailed Scope of Services is attached hereto as Attachment A. II. 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. III . PAYMENTS TO THE ENGINEER (Lump sum Method) A. The CITY shall reimburse the ENGINEER for services under this Agreement a lump sum of Nine Thousand Eight Hundred Dollars ($9, 800 . 00) , regardless of actual Costs incurred by the ENGINEER unless SUBSTANTIAL modifications to the project are authorized in writing by the City. B. The CITY shall make periodic payments to the ENGINEER based upon actual progress within 30 days after receipt and approval of invoice. Full payments for each task shall not be made until the task is completed and accepted by the DIRECTOR. IV. INVOICES A. The ENGINEER shall submit invoices in a format approved by the CITY. Progress reports 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 . V. 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 III above . VI . TERM This Agreement shall become effective as of the date the ENGINEER is given a written Notice to Proceed and, unless terminated for cause or pursuant to Article V 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. VII . 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. VIII . 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 . IX. 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 Workmen' s Compensation claims, in any way resulting from or arising out of negligent actions or omissions of the ENGINEER in connection herewith, including negligent actions or omissions of employees or agents of the ENGINEER arising out of the performance of professional services . X. 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 . XI . 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 VIII entitled "Indemnification" shall be provided. B. Comprehensive Automobile Liability. Comprehensive Automobile Liability Insurance covering all owned, non-owned and hired motor vehicles with limits of not less that $500 , 000 per occurrence subject to a $1, 000 , 000 aggregate . 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. XII . 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 . XIII. 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, or the presence of any sensory, mental or physical handicap, unless based upon a bonafide occupational qualification, and this requirements 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. XIV. 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. XV. 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 . XVI . 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. XVII . 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 . XVIII . 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 . XIX. 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. XX. 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 . XXI . 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. XXII . COOPERATION WITH OTHER CONSULTANTS The ENGINEER shall cooperate with any other consultants in the CITY' s employ or any work associated with the PROJECT. XXIII . 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 . XXIV. 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 . XXV. 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. XXVI . 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 : A. As to CITY: Raymond H. Moller Director of Economic Development and Business Services City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 B. As to ENGINEER: Walker Parking Consultants 505 Davis Road Elgin, Illinois 60123 Attn: Gary H. Koch, P . E . Office Manager 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 v1.."`42 ��cLr� By )4/11.--0 t City Clerk Mayor — 62.1/b JG� (SEAL) For the ENGINEER: Dated this //-i% day of .,Jeanuary , A.D. , 2002 ATTEST: By �G By JH R t,nm-Li14v ecret r Executive Vice President r@l �pr I -hon-las L. nnnu (d WALKER Walker Parking Consultants PARKING CONSULTANTS 5Davis Road Elggin,Il 60123 Voice: 847.697.2640 Fax: 847.697.7439 www.walkerparking.cont November 2, 2001 Mr. Ray Moller City Of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 Re: Proposal — Downtown Elgin Parking Management Study Dear Ray: Walker Parking Consultants/Engineers, Inc. is pleased to again have an opportunity to provide professional consulting services to the City of Elgin. I thank you for the opportunity to meet with you on October 10, 2001 to discuss your parking management issues in the core of the downtown area. The construction of the Recreation Center Parking Structure is underway with completion projected for February 2002. The opening of the deck will present opportunities to modify parking restrictions in public on and off-street parking facilities. At our meeting on October 10th, we discussed a number of issues that you would like our parking management study to address and they included: • Present parking occupancy of the Spring Street Deck by user group and parking restrictions. • Present parking occupancy of the Civic Center Lot by user group and parking restrictions. The City employees need to be identified since they may be relocated to Recreation Center Deck. • Present parking occupancy of the NBD Lots by user groups. Presently, the stalls are reserved by different companies. The study needs to identify how they are being utilized by each of those firms. • Existing occupancy of all on and off-street parking facilities within the parking activity centers Office/Retail/Residential (west) and Institutions (north), plus the Civic Center Lot. • The appropriateness of the two-hour on-street parking restriction in the activity centers noted above and in particular in the vicinity of Lynch Square (1 Douglas Avenue). The concern is that it may not be long enough for business visitors. WALKER Mr. Ray Moller PARKING CONSULTANTS November 2, 2001 Page 2 • The use of the Riverside Drive Deck by Metra commuters while construction is occurring at the Metra Station. • The effectiveness of the conversion of the on-street parking restriction from 60 to 90 minutes on Spring Street and Douglas Avenue from Chicago Street to DuPage Avenue. • Providing additional parking spaces within the NBD Lots. The study will be an evaluation of existing parking conditions with the results used to guide parking policies and decisions concerning downtown parking management. SCOPE OF SERVICES The basic services to be provided by Walker Parking Consultants for the City of Elgin will be performed in three tasks as follows: Task 1 — Startup and Data Collection • Meet with representatives of the City of Elgin to further clarify study objectives, define study areas and parking analysis zones. If required, review and update the work plan and schedule. • Obtain and review pertinent reports, studies, and statistical data regarding the study area. • Update the inventory contained in Walker's 1999 Parking Study for the on-street and off-street parking facilities within the study area. Record the type of parking (e.g. public, commercial, or private and whether surface lot or structure), number of spaces reserved and/or number of monthly leases by company and the type of access control (if any is in place), and parking rates. • Conduct a parking occupancy study in two-hour periods of the number of vehicles parked by facility, user groups and parking restrictions for a weekday from 8:00 AM to 6:00 PM for all parking spaces in the study area. • Determine turnover and duration characteristics for all on-street parking facilities within the study area by means of a license plate survey. WALKER Mr. Ray Moller PARKING CONSULTANTS November 2, 2001 Page 3 ■ Analyze field survey data and present in tabular and graphic form. Discuss the analysis with representatives of the City of Elgin. Task 2 — Parking Management Strategies ■ Review operational layout, usage and control of existing parking facilities within the study area. ■ Review the current parking management strategies and methods of operation including but not be limited to the following: o Basic physical structure and operation; o Methods of designating parking areas; o Potential for shared parking (i.e. use of spaces by different group at different times); o Redesignation of parking spaces to various user groups. o The appropriateness of parking duration restrictions. o Overall utilization of the City's parking resource. o Strategies for controlling the use of parking facilities. o Potentially dangerous conditions. • Recommend changes to parking management strategies and methods of operation. • Prepare task report. • Meet with representatives of the City of Elgin to discuss draft report, incorporate client comments one time and issue final draft. Task 3 — Review NBD Lots • Review the striping layout of the NBD Lots from the perspective of increasing the number of parking spaces. • Prepare a mark-up drawing of our recommendation on a plan provided by the City of Elgin. • WALKER Mr. Ray Moller PARKING CONSULTANTS November 2, 2001 Page 4 PROFESSIONAL FEES Walker proposes to provide the described scope of services for the following lump sum fees, plus reimbursable expenses: Task 1 - Startup and Data Collection $6,200.00 Task 2 - Parking Management Strategies $3,200.00 Task 3 - Review NBD Lots $ 400.00 Add the following to the above fee: ■ One additional day of parking occupancy data collection from 8:00 a.m. to 6:00 p.m., plus analysis of data. $1,400.00 • One additional day of on-street parking duration data Collection from 8:00 a.m. to 6:00 p.m., plus analysis of data. $1,400.00 ■ Reimbursable expenses shall mean the actual cost and are in addition to the fees for basic and additional services and include reproduction of reports, postage and handling of drawings and specifications. ADDITIONAL SERVICES Circumstances may require the need for additional services. This work will be performed by Walker Parking Consultants under the additional service provisions and shall be done upon the written authorization of the City. ■ Attending additional meetings and presenting a formal presentation(s). • Provide any type of field surveys other than those described under the basic services. • Provide construction plans and specifications to implement recommendations contained in the report. WALKER Mr. Ray Moller PARKING CONSULTANTS November 2, 2001 Page 5 SCHEDULE Upon your authorization, Walker is prepared to begin the study by November 1, 2001 and complete Tasks 1-3 within 45 days. If this proposal is acceptable, please sign and return one of the enclosed letters as your acknowledgement and authorization to proceed. We look forward to again being of service to the City of Elgin. Respectfully submitted, Walker Parking Consultants/Engineers, Inc. 72,ern-/4,d/ o`Z /J vru h Thomas L. Hannula, P.E. Richard T. Klatt, P.E. Senior Vice President Senior Transportation Engineer TLH/RTK:jw J:\PROPOSAL\LTR 1 10201 Moller.doc CITY OF ELGIN Accepted by: Title: Date: E00 L Or it ws November 9, 2001 I ,* ;12:. N #7 TO: Mayor and Members of the city Council ALIVE DOWNTOWN FROM: Joyce A. Parker, City Manager SUBJECT: Downtown Parking Management Study PURPOSE The purpose of this memorandum is to present to the Mayor and members of the City Council a proposal from Walker Parking Consultants to initiate a Parking Management Study. BACKGROUND The construction of the parking structure north of City Hall is well underway, with completion projected for February 2002 . The opening of the deck will present opportunities to modify restrictions in public off-street parking lots as well as in street parking areas. Issues related to core center city parking demands are regularly raised by downtown business owners and citizens patronizing downtown businesses . The implementation of a core center city parking management study could address the following issues: • Present parking occupancy of the Spring Street Deck by user group and parking restrictions . • Present parking occupancy of the Civic Center Lot by user group and parking restrictions . The City employees need to be identified since they may be relocated to the new parking deck. • Present parking occupancy of the NBD Lots by user groups . Presently, the stalls are reserved by different companies . The study needs to identify how they are being utilized by each of those firms . • Existing occupancy of all on and off-street parking facilities within the parking activity centers Office/Retail/Residential (west) and Institutions (north) , plus the Civic Center Lot . Downtown Parking Management Study November 9, 2001 Page 2 • The appropriateness of the two-hour on-street parking restriction in the activity centers noted above and, in particular, in the vicinity of One Douglas Avenue and the Tower Building. The concern is that it may not be long enough for business visitors . • The use of the Riverside Drive Deck by Metra commuters while construction is occurring at the Metra Station. • The effectiveness of the conversion of the on-street parking restriction from 60 to 90 minutes on Spring Street and Douglas Avenue from Chicago Street to DuPage Street . • Providing additional parking spaces within the NBD Lots . The study will be an evaluation of existing parking conditions with the results used to guide parking policies and decisions concerning downtown parking management . The above-mentioned issues may be addressed within the following three tasks : Task 1 - Startup and Data Collection • Meet with representatives of the City of Elgin to further clarify study objectives, define study areas and parking analysis zones . If required, review and update the work plan and schedule. • Obtain and review pertinent reports, studies and statistical data regarding the study area. • Update the inventory contained in Walker' s 1999 Parking Study for the on-street and off-street parking facilities within the study area. Record the type of parking (e .g. , public, commercial or private and whether surface lot or structure) , number of spaces reserved and/or number of monthly leases by company and the type of access control (if any is in place) , and parking rates . • Conduct a parking occupancy study in two-hour periods of the number of vehicles parked by facility, user groups and parking restrictions for a weekday from 8 : 00 a.m. to 6 : 00 p.m. for all parking spaces in the study area. • Downtown Parking Management Study November 9, 2001 Page 3 • Determine turnover and duration characteristics for all on- street parking facilities within the study area by means of a license plate survey. • Analyze field survey data and present in tabular and graphic form. Discuss the analysis with representatives of the City. Task 2 - Parking Management Strategies • Review operational layout, usage and control of existing parking facilities within the study area. • Review the current parking management strategies and methods of operation, including, but not limited to, the following: ► Basic physical structure and operation. ► Methods of designating parking areas . ► Potential for shared parking (i .e. , use of spaces by different group at different times) . ► Redesignation of parking spaces to various user groups . ► The appropriateness of parking duration restrictions . ► Overall utilization of the City' s parking resource. ► Strategies for controlling the use of parking facilities. ► Potentially dangerous conditions . • Recommend changes to parking management strategies and methods of operation. • Prepare task report . • Meet with representatives of the City of Elgin and center city business representatives to discuss draft report, incorporate client comments one time and issue final draft . Task 3 - Review NBD Lots • Review the striping layout of the NBD Lots from the perspective of increasing the number of parking spaces . • Prepare a mark-up drawing of their recommendation on a plan provided by the City of Elgin. Walker proposes to provide the desired scope of services for a lump sum fee of $9, 800 . I • / ' y • y Downtown Parking Management Study November 9, 2001 Page 4 COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Neighborhood Services Committee and Development Review Team. FINANCIAL IMPACT There are sufficient monies available in account number 010-0301- 711 .30-99 (Professional Services) to fund this initiative. LEGAL IMPACT An agreement will be required. ALTERNATIVES 1 . Proceed with the Parking Management Study. 2 . Deny the request to fund the Parking Management Study. RECOMMENDATION It is recommended that the City Council authorize the execution of an agreement with Walker Parking Consultants to provide a downtown Parking Management Study. Respectfully submitted, Joyce A. Parker City Manager RHM:amp