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98-301 . Resolution No. 98-301 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH WALKER PARKING CONSULTANTS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Kevin Kelly, 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 preparation of a Central Business District Parking Study, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly Kevin Kelly, Mayor Presented: December 16 , 1998 Adopted: December 16 , 1998 Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk r WALKER vVcIker Parking Consult8nts PARKNG CONSULTANTS 505 -2c..s oc E[olr. S 0i23 Voice 347 697 2640 F8x 847 097 7439 ,81ker8crkg 88-1 December 4, 1998 Mr. Dave Lawry General Services Manager City of Elgin 150 Dexter Court Elgin, IL 60120-5555 Re: Central Business District Parking Study Dear Dave: Per our meeting of November 23, 1998 you will find the following for your approval: • Attachment A— Scope of Services • Attachment B — Professional Fees and Schedule • Attachment C — Agreement We will await your authorization to proceed with the data c011ection. We now anticipate collecting that data the week of December 14, 1998. If you need additional documentation at this time please advise me. We are looking forward to again being of service to the City of Elgin. Sincerely, / - Richard T. Klatt, P.E. Project Manager Copy: Gary Koch \31-5617 00\ltr12398dlowry doc . • . ATTACHMENT A SCOPE OF SERVICES December 3, 1998 Data Collection (Phase I) 1 . Meet with officials from the City of Elgin to further clarify study objectives; review the previous studies; define study area(s), parking analysis zones; and review and update the work plan including the schedule. 2. Collect parking occupancy data (one day) for all on and off-street parking within the study area. Parking Supply and Demand Update (Phase II) 1 . Obtain from the City of Elgin changes that have occurred and are projected to occur in land use. 2. Obtain from the City of Elgin, and verify the field changes that have occurred in the on-street and off-street parking inventory. 3. Update the tabulated parking inventory from the two previous studies. 4. Update the existing parking demand model utilizing the updated land use and parking occupancy data. 5. Determine the future parking demand under two to three development scenarios prepared by the City of Elgin. Typically, the scenarios include: 1) committed development that reflects projects either in construction or expected to begin within the next three years; 2) expected development that reflects projects likely to occur within four to seven years; and 3) optimistic development that may come to fruition in the longer term. 6. Compare the parking supply with projected future demand to determine the impact each of the development scenarios will have on area parking conditions. 7. Identify areas with parking deficiencies that are likely to require expansion of the parking supply. 8. Prepare a draft report or review and discuss findings with City of Elgin staff, New Century Partnership and Downtown Neighborhood Association. Attachment A Scope of Services December 3, 1998 Page 2 of 3 Parking Alternatives Analysis (Phase Ill) 1 . Determine whether the number of spaces could be increased through restriping and efficiency improvements in existing facilities. 2. Determine whether any existing facilities can be expanded to meet area parking needs. 3. Develop a number of conceptual solutions, including those developed as part of Walker's February, 1997 Parking Study for new parking facilities (surface and/or structured). External variables that will be considered are desirable density, phasing of construction and incorporation of other uses (such as retail) in any proposed facility. 4. Determine conceptual construction and project costs including estimated operational expenses to enable a comparison of the costs of each alternative on an "apples-to- apples" basis. 5. Evaluate the various alternatives on the basis of qualitative criteria to be mutually agreed upon with the City of Elgin. The criteria may include but is not limited to capital cost, life cycle cost, ability to generate revenue, location, visibility, pedestrian access, vehicular access, traffic impact, aesthetics, implementation time, security, and future versatility. A weighted matrix will be used to achieve more objectivity and to rank the alternatives. 6. Meet with the City of Elgin, New Century Partnership and Downtown Neighborhood Association to discuss the conceptual designs and present the matrix analysis to agree upon weighting and other considerations. 7. Develop a recommended plan for improvements, including phasing of components corresponding to projected needs. 8. Prepare phase report. Final Report — (Phase IV) 1 . Conduct one formal presentation of our findings. . ' . . Attachment A Scope � �e Services '.. rv/cas December 3, 1998 Pageof3 3 2. Incorporate the City's comments, and those obtained form the formal presentation, prepare final report and submit to the City with executive summary. 3. Provide five (5) copies of the final report. Provide the City of Elgin with a computerized file of the final report in Word format. l\3l-5dl7OD\ATTA[HMENTA 11-24-98.6nc WALKERWalker Parking Consultants PARKING CONSULTANTS 505 DayRoad E:gm 00;23 Vo,ce 847 647 2640 ATTACHMENT B Fox 847 697 7434 .cikeroorkcgcom December 4, 1998 Mr. Dave Lawry General Services Manager City of Elgin 150 Dexter Court Elgin, IL 60120-5555 Re: Professional Fees and Expenses — CBD Parking Study Dear Joe: Included please find Part B — Professional Fees and Expenses for the CBD Parking Study. PROFESSIONAL FEES Walker proposes to provide the described scope of services in Part A for the following lump sum fees, plus reimbursable expenses: Phase I — Data Collection $3,500 Phase II — Supply and Demand $11 ,000 Phase III — Parking Alternatives $8,000 Phase IV — Final Report and Presentation $1 ,500 1 . All.additional services performed by Walker shall be billed on an hourly rate plus reimbursable expenses basis per the attached rate schedule. 2. Reimbursable expenses are in addition to the fees for basic and additional services and include actual costs of the following: Transportation when traveling in connection with the project if traveling outside the Chicago metropolitan area. Telephone calls and facsimiles. Reproduction of reports, postage and handling of drawings and specifications. • WALKER • PARKING CONSULTANTS Mr. Dave Lowry December 4, 1998 Page 2 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. 1 . Attending more than one formal presentation. 2. Provide any type of field surveys other than those described under the basic services. 3. Provide construction plans and specifications to implement recommendations contained in the report. SCHEDULE Data collection will be conducted in December 1998. Assuming Walker receives the notice to proceed by December 24, 1998 and obtains pertinent data in a timely manner, the remaining study would be completed by March 25, 1999. We look forward to again being of service to the City of Elgin. Sincerely, Gary H. Koch, P.E. Office Manager Richard T. Klatt, P.E. Senior Transportation Engineer GHK:RTK:jz J:\31-5617.00\ATTACHMENT B I 1-24-98.doc ATTACHMENT C AGREEMENT THIS AGREEMENT, made and entered into this day of , 1998, 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 Business District Parking 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: H. 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. A detailed Scope of Services is attached hereto as Attachment A. H. 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 bi-weekly as a component of the Status Report described in B. below. B. The Engineer will submit to the Director bi-weekly a Progress 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 Attachment C Agreement December 3, 1998 Page 2 of 9 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 (Lump sum Method) A. The CITY shall reimburse the ENGINEER for services under this Agreement a lump sum of $24,000.00, regardless of actual Costs incurred by the ENGINEER unless SUBSTANTIAL modifications to the project are authorized in writing by the DIRECTOR. 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. V. INVOICES A. The ENGINEER shall submit invoices in a format approved by the CITY. Progress reports (IIB 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. • Attachment C Agreement December 3, 1998 Page 3 of 9 VII. 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 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. 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 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. Attachment C Agreement December 3, 1998 Page 4 of 9 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. 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 IX 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 than $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. 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 Attachment C Agreement December 3, 1998 Page 5 of 9 precautions and programs in connection with the construction, unless specifically identified in the Scope of Services. 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 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. 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. Attachment C Agreement December 3, 1998 Page 6 of 9 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. • • Attachment C Agreement December 3, 1998 Page 7 of 9 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 cs follows: • • Attachment C Agreement December 3, 1998 Page 8 of 9 A. As to CITY: DAVID L. LAWRY, P.E. Director of Public Works 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 Attachment C Agreement December 3, 1998 Page 9 of 9 IN WITNESS WHEREOF, the undersigned hove 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 lave not been reduced to writing in this statement. For the CITY: ATTEST: THE CITY OF ELGIN By By City Clerk Clerk Mayor 2/ ,/ - (SEAL) For the ENGINEER: Dated this day of ,A.D., 1998. ATTEST: By: tedido Secretary 2 Exe 'Vice President (SEAL) J:\31-5617 00\ATTAC.HHMEnT C -2198 doc • City of Elgin Agenda Item No. lI December 4 , 1998 TO: Mayor and Members of the City Council FROM: Joyce A. Parker, City Manager SUBJECT: Downtown Parking Study PURPOSE The purpose of this memorandum is to present to the Mayor and members of the City Council an agreement with Walker Parking Consultants for a Central Business District Parking Study. BACKGROUND Staff recently solicited requests for proposals from five engineering firms for a parking study of the city' s Central Business District . Walker was the only firm that responded to rm the request for proposals . Walker has previously provided parking consulting services to the City of Elgin for the downtown area in 1992 and 1997 . The scope of services pro- posed by Walker is outlined as follows : Data Collection (Phase 1) 1) Meet with officials from the City of Elgin to further clarify study objectives; review the previous studies; define study area (s) , parking analysis zones; and review and update the work plan, including the schedule . 2) Collect parking occupancy data (one day) for all on and off-street parking within the study area. Parking Supply and Demand Update (Phase II) 1) Obtain from the City of Elgin changes that have occurred and are projected to occur in land use . 2) Obtain from the City of Elgin, and verify the field changes that have occurred in the on-street and off- street parking inventory. 3) Update the tabulated parking inventory from the two previous studies . 4) Update the existing parking demand model utilizing the updated land use and parking occupancy data. Downtown Parking Study December 4 , 1998 Page 2 5) Determine the future parking demand under two to three development scenarios prepared by the City of Elgin. Typically, the scenarios include : 1) committed develop- ment that reflects projects either in construction or expected to begin within the next three years; 2) expect- ed development that reflects projects likely to occur within four to seven years; and 3) optimistic development that may come to fruition in the longer term. 6) Compare the parking supply with projected future demand to determine the impact each of the development scenarios will have on area parking conditions . 7) Identify areas with parking deficiencies that are likely to require expansion of the parking supply. 8) Prepare a draft report for review and discuss findings with City of Elgin staff, downtown groups and businesses . Parking Alternatives Analysis (Phase III) 9) Determine whether the number of spaces could be increased through restriping and efficiency improvements in exist- r. ing facilities . 10) Determine whether any existing facilities can be expanded to meet area parking needs . 11) Develop a number of- conceptual solutions, including those developed as part of Walker ' s February, 1997 Parking Study for new parking facilities (surface and/or struc- tured) . External variables that will be considered are desirable density, phasing of construction and incorpora- tion of other uses (such as retail) in any proposed facility. 12) Determine conceptual construction and project costs, including estimated operational expenses to enable a comparison of the costs of each alternative on an "ap- ples-to-apples" basis . 13) Evaluate the various alternatives on the basis of quali- tative criteria to be mutually agreed upon with the City of Elgin. The criteria may include, but is not limited to, capital cost, life cycle cost, ability to generate revenue, location, visibility, pedestrian access, vehicu- lar access, traffic impact, aesthetics, implementation time, security, and future versatility. A weighted matrix will be used to achieve more objectivity and to rank the alternatives . Downtown Parking Study December 4 , 1998 Page 3 r14) Meet with the City of Elgin, downtown groups and busi- nesses to discuss the conceptual designs and present the matrix analysis to agree upon weighting and other consid- erations . 15) Develop a recommended plan for improvements, including phasing of components corresponding to projected needs . 16) Prepare phase report . Final Report - (Phase IV) 1) Conduct one formal presentations of findings . 2) Incorporate the city' s comments, and those obtained from the formal presentation, prepare final report and submit to the city with executive summary. 3) Provide five copies of the final report . Provide the City of Elgin with a computerized file of the final report in Word format . Walker proposes to provide the above-referenced services for a lump sum fee, plus reimbursement expenses : r Phase I - Data Collection $ 3 , 500 Phase II - Supply and Demand 11, 000 Phase III - Parking Alternatives 8, 000 Phase IV - Final Report and Presentation 1, 500 ._-..-- $24 , 000 COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED The Downtown Neighborhood Association and New Century Partner- ship have been included in preliminary meetings with Walker and both groups will be involved throughout the process . dI4 FINANCIAL IMPACT (iv As part of the 1999 budget process, the City Council allocated unprogrammed 1998 Riverboat receipts totaling $382 , 200 toward the CBD parking lot (former NBD site) and study. Account number 275-0000-791 . 30-03 , Professional Services - Engineering, project number 337500, Parking Study, will be charged. LEGAL IMPACT 011. None . r $ Ipowntown Parking Study December 4 , 1998 Page 4 ALTERNATIVES 1 . Authorize contract with Walker. 2 . Reject proposal from Walker and readvertise for propos- als . RECOMMENDATION It is recommended that the City enter into an agreement with Walker Parking Consultants in the amount of $24 , 000 for a Central Business District Parking Study. Re .ectfully submi ted, 41111 1:ycell, . Parker City Manager amp r 414)