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00-123 Resolution No. 00-123 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH CONSOLIDATED CONSULTING ENGINEERING FOR THE ICE SKATING RINK BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Joyce A. Parker, 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 Consolidated Consulting Engineering for professional engineering services in connection with the ice skating rink, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: April 26, 2000 Adopted: April 26, 2000 Omnibus Vote : Yeas 7 Nays 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk AGREEMENT THIS AGREEMENT, made and entered into this28thday of April , 2000, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY") and Consolidated Consulting Engineers, an Illinois Partnership (hereinafter referred to as "ENGINEER"). WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional services in connection with Ice Skating Rink(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 for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged 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 Building Maintenance Superintendent of the CITY, herein after referred to as the "DIRECTOR". B. A detailed Scope of Services is attached hereto a Attachment A. II. ITEMS NOT INCLUDED IN SCOPE OF WORK It is acknowledged and agreed that certain other services (as listed below) may be required to complete the project and the City will enter into a separate agreement with other parties to obtain these services. 1. Survey of existing site for the proposed ice rink, showing location elevations, relation Page 2 to existing City Hall Building underground utilities, etc. 2. Site paving, lighting, site drainage, auxiliary structures, maintenance, storage and • service requirements. 3. The design of permafrost control which potentially could cause damage to the existing paving and/or interfere with ice rink operation. III. PROGRESS REPORTS A. Progress will be recorded on the project schedule and submitted monthly as a component of the Status Report described in B. 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. IV. WORK PRODUCTS All work products prepared by the ENGINEER pursuant hereto including, but not limited too, reports, designs, calculations, work drawings, studies, photographs, models an 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. V. PAYMENTS TO THE ENGINEER(Lump Sum Method) A. The CITY shall reimburse the ENGINEER for services under this Agreement a lump sum of TWENTY SIX THOUSAND DOLLARS ($26,000.00) Dollars, regardless of actual Costs incurred by the ENGINEER. Modifications to the project shall be authorized in writing by the CITY. In the event of any such written authorization by the City it is agreed that the hourly rate for additional services will be $80 for a designer and $120 for a Principal. B. The CITY shall make periodic payments to the ENGINEER based upon actual progress within 30 days after receipt and approval of invoice. Said periodic payments to the ENGINEER shall not exceed the amounts shown in the following schedule, Page 3 and full payments for each task shall not be made until the task is completed and accepted by the DIRECTOR. C. Payment Schedule - See Attachment B. D. Reimbursable Items: Printing, plotting, reproductions, postage and delivery charges will be billed at cost plus 10%not to exceed $500. VI. INVOICES A. The ENGINEER shall submit invoices in a format approved by the CITY. Progress reports (III B 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. VII. 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. VIII. TERM This Agreement shall become effective as of the date the ENGINEER is given a notice to proceed and, unless terminated for cause or pursuant to Article V, shall be deemed concluded on the date the CITY 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 term or provision of the Agreement. Page 4 IX. 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. X. 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. XI. INDEMNIFICATION To the fullest extent permitted by law, ENGINEER agrees to and shall indemnify, defend and hold harmless the CITY, its officers, employees, agents, boards and commissions from and against any and all claims, suits,judgments, costs, attorney's fees, damages or other relief, including but not limited to workers' compensation claims, in any way resulting from or arising out of negligent actions or omissions of the ENGINEER in connection herewith, including negligence or omissions of employees or agents of the ENGINEER arising out of the performance of this Agreement. In the event of any action against the CITY, its officers, employees, agents, boards or commissions, covered by the foregoing duty to indemnify, defend and hold harmless such action shall be defended by legal counsel of the CITY's choosing. XII. NO PERSONAL LIABILITY Page 5 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. XIII. 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 Certification of Insurance naming the CITY as additional insured. The policy shall not be modified or terminated without thirty (30) days prior written notice to the DIRECTOR. The Certificate of Insurance which shall include Contractual obligation assumed by the ENGINEER under Article X entitled "Indemnification" shall be provided. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the CITY. There shall be no endorsement or modification of this insurance to make it excess over other available insurance, alternatively, if the insurance states that it is excess or prorate, it shall be endorsed to be primary with respect to the CITY. B. Comprehensive Automobile Liability. Comprehensive Automobile Liability Insurance covering all owned, non-owned and hired motor vehicles with limits of not less than $500,000 per occurrence for damage to property. C. Combined Single Limit Policy. The requirements for insurance coverage for the general liability and auto exposures may be met with a combined single limit of$1,000,000 per occurrence subject to a $1,000,000 aggregate. D. Professional Liability. The ENGINEER shall carry Engineer's Professional Liability Insurance Covering claims resulting from error, omissions Page 6 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. XIV. CONSTRUCTION MEANS, METHODS. TECHNIOUES. 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. XV. 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. XVI. 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 Page 7 assignment shall be made without the prior written consent of the CITY. XVII. 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. Any proposed subcontractor shall require the CITY's advanced written approval. XVIII. NO CO-PARTNERSHIP OR AGENCY This agreement shall not be construed so as to create a partnership,joint venture, employment or other agency relationship between the parties hereto. XIX. 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. XX. 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. XXI. MODIFICATION OR AMENDMENT This Agreement and its attachments constitutes the entire Agreement of the Page 8 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. XXII. APPLICABLE LAW This Agreement shall be deemed to have been made in, and shall be construed in accordance with the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights pursuant to this agreement shall be in the Circuit Court of Kane County, Illinois. XXIII. 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. XXIV. COOPERATION WITH OTHER CONSULTANTS The ENGINEER shall cooperate with any other consultants in the CITY's employ or any work associated with the PROJECT. XXV. INTERFERENCE WITH PUBLIC CONTRACTING The ENGINEER certifies hereby that it is not barred from bidding on this contract as a result of a violation of 720 ILCS 5/33E et seq. Or any similar state or federal statute regarding bid rigging. XXVI. SEXUAL HARASSMENT As a condition of this contract, the ENGINEER shall have written sexual harassment policies that include, at a minimum, the following information: Page 9 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. A copy of the policies must be provided to the Department of Human Rights upon request 775 ILCS 5/2-105. XXVII. 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. XXVIII. 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: Page 10 A. As to CITY: RICH HOKE Building Maintenance Superintendent City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 B. As to ENGINEER: 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 64 ® i"Cr ,.- By Q•f./ ._ City Clerk O Ci Manager (SEAL) For the ENGINEER: Dated this 116 day of Ar/2/L- , A.D., 2000. ATTEST: B ' Af#L:y� Sccrctary PAre7 d5rZe , l�//tile (SEAL) ATTACHMENT "A" I. SCOPE OF SERVICES 1. The project will consist of connecting existing chiller system presently used for air conditioning in the City Hall building, to a new "Coiled Ice Rink" in the plaza area outside, to the west of the building. 2. The project will include modifications to the chiller needed for ice making, all piping, pumping, valves and heat exchanger necessary to provide proper operation of both the ice rink system in winter and the building air conditioning in summer. 3. The project will include control work to connect the ice rink into existing building automation system. 4. The project will include design and specifications covering "Coiled Ice Rink", ice conditioning equipment, banner boards, and rink supplies. The above services to be contracted and provided by: Inovative Concepts Enterprises, 100 Highway 34, South Harrisburg, Illinois 62946. Contact person is Mr. Robert Stillwell, General Manager, telephone no. 618-253-4212. (See Professional Services To Be Contracted). 5. The engineering firm will provide design services, complete mechanical bidding documents consisting of drawings and written specifications, bid review, review of requested shop drawings and construction consultation. 6. The engineering firm will provide requested insurance coverage. 7. We will provide probable construction cost estimates; one at the start of the project and update should there be any anticipated increase/decrease in Scope of Construction. • r ATTACHMENT "B" PAYMENT SCHEDULE Payment shall be made monthly in proportion to services performed to increase the compensation for Basic Services to the following percentages of the Basic Fee at the completion of each phase of work: Schematic Design Phase 15% Design Development Phase 35% Construction Documents Phase 85% Bidding Phase 90% Construction 100% OF gOiftk. City of Elgin Agenda Item Na. gr, 0 I 7 „r. April 17, 2000 TO: Mayor and Members of the City Council FROM: Joyce A. Parker, City Manager , SUBJECT: Engineering Services For Proposed Ice Rink PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider the award of a contract for engineering services relating to the proposed ice rink west of the City Hall building on the Civic Center Plaza. BACKGROUND The installation of an ice rink was proposed in the 2000 budget for the plaza area to the west of City Hall. The proposed rink would be 60 ' X 160 ' , with refrigeration for the rink being provided by the existing chiller that is used for air conditioning of City Hall. The rink coils and spectator boards would be set up in the fall and removed in the spring and stored during the off season. This type of setup would allow the rink equipment to be moved to another site if the need arises, however, relocating the rink would require additional chiller units which are not included with this project . Requests for proposals were sent out to five mechanical engineering firms for engineering services relating to the design and construction of the ice rink. Two 'firms, Consolidated Consulting Engineers and GKC/EME, returned proposals for the requested services . After review of the proposals by staff, Consolidated Consulting Engineers was selected as the best firm for the project . Consolidated will also be using Innovative Concepts Enterprises (ICE) as a sub-consultant for the project . ICE is a leader in the portable ice rink industry with rinks like Skate on State for the City of Chicago and several other municipal and private rinks throughout the country. Consolidated Consulting Engineers has completed work for the City of Elgin in the past, including the design of the chillers at City Hall which will be used for the ice rink project . rill'. Engineering Services for Ice Rink April 3 , 2000 Page 2 COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Riverfront Planning Consultants . The information on the proposed ice rink have been referred to the Hemmens Advisory Board for their review and comment . &FINANCIAL IMPACT The fee for engineering services at $26, 000 is commensurate with mechanical engineering services provided on previous City projects. A preliminary cost estimate ($355, 000) for the ice rink project is attached for your review. Funding for this project is included within the 2000 Capital Budget in the amount of $200, 000 (Civic Center Improvements) in account number 270-0000-791 . 93-32, project number 339627 . Additional funding will be necessary to complete the project and will be identified at the time the construction contract is approved. LEGAL IMPACT None. ALTERNATIVES None. RECOMMENDATION It is recommended that the Mayor and City Council award a contract for engineering services relating to the design and construction of the proposed ice rink to Consolidated Consulting Engineers for a cost of $26, 000. Respectfully submitted, di, Juice I. Parker City Manager . r ESTIMATED COSTS FOR THE ICE RINK Engineering Services $30,000 Rink Package $130,000 Rink grid with headers and piping Sub ice insolation blanket Spectator side boards Ice building products Mechanical Work Related to Chiller Conversion $165,000 Piping from chiller to rink Heat exchanger Pumps Valves Controls Ice Resurfacer $30,000 Temporary Shelter $7,500 Warming house Ice resurfacer storage TOTAL ESTIMATED COST $355,000 ADDITIONAL EXPENSES Off Season Equipment Storage $4,000 per season Loading and unloading @ $1000 ea Storage @ $200/month * These are preliminary cost estimates that may change. The engineer will be developing a more detailed cost estimate as part of this contract.