04-108 Resolution No. 04-108
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
WALKER PARKING CONSULTANTS/ENGINEERS, INC.
FOR THE DESIGN OF A PARKING DECK ON FULTON AVENUE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
David M.Dorgan,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 Walker Parking
Consultants/Engineers, Inc. for the preliminary design of the proposed parking deck at 245 Fulton
Avenue, a copy of which is attached hereto and made a part hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: April 28, 2004
Adopted: April 28, 2004
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
ENGINEERYM
8/30/00
AGREEMENT
THIS AGREEMENT, made and entered into this,?q'Oday of/qA G, 2004, by and between the CITY OF
ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY") and Walker Parking
Consultants/Engineers,Inc.,a Michigan corporation(hereinafter referred to as"ENGINEER").
WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional services in connection
with the new Fulton Street Parking Deck in the form of development of project design scope, preparation of
schematic drawings and preparation of design/build requests for proposal (hereinafter referred to as the
PROJECT). The work shall be generally based upon the Site D2,Option 2 drawings included in the September 2,
2003 study. The Project shall generally be based on a four level deck with approximately 580 parking spaces.
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, for and in consideration of the mutual promises and covenants contained herein, and for
other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the CITY and
ENGINEER hereby agree that the CITY does hereby retain the ENGINEER for the engineering matters involved
in the PROJECT as described herein,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 General Services Manager of
the CITY,herein after referred to as the"MANAGER".
B. The Engineer's Basic Services shall include the development of a project design scope,
preparation of schematic drawings,and preparation of design/build requests for proposal. It is
the intent that the construction documents and parking deck construction will be completed by
a design/build construction firm or team.
C. A detailed Scope of Services is attached hereto as Attachment A.
II. PROGRESS REPORTS
A. An outline project milestone schedule is provided herein under,included as Attachment B.
B. A detailed project schedule for the Project based on Attachment B,will be prepared. Progress
will be recorded on the project schedule and submitted monthly as a component of the Status
Report described in C.below.
C. The Engineer will submit to the MANAGER monthly a Status Report keyed to the Project
Schedule. A brief narrative will be provided identifying progress, findings and outstanding
issues.
III. WORK PRODUCTS
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t
All work products prepared by the ENGINEER pursuant hereto including,but not limited too,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 MANAGER 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
Forty Thousand Dollars($40,000.00),regardless of actual time expended or Costs incurred by
the ENGINEER unless SUBSTANTIAL modifications to the project are authorized in writing
by the MANAGER.
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, and full payments for each task shall
not be made until the task is completed and accepted by the MANAGER. A detail of the
Professional Fee is included in Attachment A.
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 and/or completion 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 total or task
amounts set forth under Paragraph IV above.
VII. 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.
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
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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 MANAGER relative to a claim
submitted by the ENGINEER, all work required under this Agreement as determined by the
MANAGER 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
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,attorneys 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. The provisions of this paragraph shall survive the completion and any
termination and/or expiration of this Agreement.
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 Purchasing 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 City.
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.
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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 Engineers 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 MANAGER as evidence of insurance protection. The policy shall not be
modified or terminated without thirty(30)days prior written notice to the MANAGER.
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.
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. Any proposed subcontractor shall require the CITY's advanced written approval.
XVII. NO CO-PARTNERSHIP OR AGENCY
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This agreement shall not be construed so as to create a partnership,joint venture,employment or other
agency 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. 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.
XXII. NEWS RELEASES
The ENGINEER may not issue any news releases without prior approval from the MANAGER, nor
will the ENGINEER make public proposals developed under this Agreement without prior written
approval from the MANAGER 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.
XXIV. 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.
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;
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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.
XXVI. WRITTEN COMMUNICATIONS
All recommendations and other communications by the ENGINEER to the MANAGER and to other
participants which may affect cost or time of completion,shall be made or confirmed in writing. The
MANAGER may also require other recommendations and communications by the ENGINEER be
made or confirmed in writing.
XXVIL 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:
David Lawry
General Services Manager
City of Elgin
150 Dexter Court
Elgin,Illinois 60120-5555
B. As to ENGINEER:
Thomas L.Hannula,P.E.
Senior Vice President
Walker Parking Consultants/Engineers,Inc.
505 Davis Road
Elgin,Illinois 60123
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.
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For the CITY:
ATTEST: THE CITY OF ELGIN
By: 1U4*1 BAG
City Clerk City Manager
(SEAL)
For the ENGINEER:
Dated this ay of '4- ,A.D.,2004.
ATTEST:
By:
J e .Gravee P , S.E. Thomas L.Hannula,P.E.
Executive Vice President Senior Vice President
(SEAL)
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CITY OF ELGIN WALKER
REQUEST FOR PROPOSAL PARKING CONSULTANTS
FULTON STREET PARKING DECK DESIGN
ATTACHMENT A
Phase 1
Preparation of Schematic Design/Build Criteria Documents SCOPE OF SERVICES
1. Meet with representatives of the City of Elgin, and other
appropriate parties to establish the project requirements,
budget, and overall schedule.
2. Prepare RFP's detailing the requirements for a site survey and
geotechnical investigation for the parking structure sites. The
survey and geotechnical investigation will be obtained and
paid for by the City of Elgin.
3. Eevaluate alternative designs for the parking structure
identifying the following:
• Loading at adjacent retail properties
• Location of entrances and exits
• Storage and other mixed use space
Determine the merits of each scheme, and in conjunction
with the City of Elgin, select the preferred functional design.
4. Attend meeting with the City of Elgin and other appropriate
parties to discuss traffic issues as they relate to the parking
structure.
5. Attend meeting with the City of Elgin to select location of
stair and elevator towers.
6. Review active and passive security features, and in
conjunction with City of Elgin representatives, determine the
desired level of security to be included in the parking
structure.
7. Establish required lighting levels and uniformity ratios for
typical parking areas, entry/exit areas, and pedestrian
areas.
8. Prepare schematic drawings showing the following:
• Vehicular circulation
• Parking layout
• Stair/elevator tower locations
• Floor-to-floor dimensions
9. Prepare schematic design/build scope documents including
outline specifications describing minimum standards,
acceptable materials, and acceptable manufacturers for
critical components. Incorporate the City of Elgin's front-end
documents into the specifications. These front-end documents
will be created later.
CITY OF ELGIN �� WALKER
REQUEST FOR PROPOSAL PARKING CONSULTANTS
FULTON STREET PARKING DECK DESIGN
Phase 11
Bidding Phase Services and Design/guild Submittal
Evaluation
1 . Assist City of Elgin representatives in developing a RFQ for
design/build teams.
2. Assist City of Elgin representatives in review of qualifications
and short-listing of design/build teams.
3. Provide an electronic copy of the scope documents to a
printer to be distributed to short-listed teams.
A. Attend a pre-bid conference with the short-listed teams to
answer questions and clarify intent of the scope documents.
5. Review design/build proposals for conformance with criteria
scope documents.
6. Attend interviews and assist in selection of a design/build
team.
Phase Ili
Design Documents Review
Review successful design/build team's final design drawings and
specifications at 60 percent and 100 percent completion for
conformance with criteria documents.
I
CITY OF ELGIN WALKER
REQUEST FOR PROPOSAL PARKING CONSULTANTS
FULTON STREET PARKING DECK DESIGN
GENERAL INFORMATION DRAWING LIST
A0.0 Title Sheet& General Information
CIVIL
C1 .1 Surveys
ARCHITECTURAL
Al .I Ground Tier Plan
A1 .2 Second Tier Plan
A1 .3 Third Tier Plan
A1 .4 Top Tier Plan
OUTLINE SPECIFICATIONS
Front End Documents
Division 02 Sitework
Division 03 Concrete
Division 04 Masonry
Division 05 Metals
Division 07 Thermal & Moisture Protection
Division 08 Doors & Windows
Division 09 Finishes
Division 10 Specialties
Division 11 Equipment
Division 14 Elevators
Division 15 Mechanical
Division 16 Electrical
M:Marketi ng:Proposal&Preq ual:Elgin,QtyofRevisedDrowi ngList.doc
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CITY OF ELGIN WALKER
REQUEST FOR PROPOSAL PARKING CONSULTANTS
FULTON STREET PARKING DECK DESIGN
ATTACHMENT B
General SCHEDULE OF WORK
The construction schedule as shown in the RFP is very tight. After the
design/build team is selected, they will still need to complete their
design prior to receiving building permits. Possible ways to accelerate
the schedule would include preparation of the demolition documents,
and allowing the design/build contractor to obtain a foundation permit.
The proposed schedule shown below would try to complete the
design/build RFP by May 28, 2004. The schedule is contingent upon
the ability to get decisions and award of contracts quickly.
• Authorize agreement April 28, 2004
• Start schematic design phase May 3, 2004
- kick-off meetings
- RFP's for survey/geotechnical services
• Develop RFQ for design/build teams May 13-20, 2004
• Complete schematic design phase May 28, 2004
• RFQ for design/build teams May 21-28, 2004
• Short list design/build teams June 1-4, 2004
• Distribute scope documents to
design/build teams June 7, 2004
• Pre-bid conference June 14, 2004
• Design/build proposal due July 27, 2004
• Review proposals July 28-30, 2004
• Interviews with design/build teams August 2-3, 2004
• Authorize agreement August 18, 2004
• Complete Construction
Dependent on Design/Build Contractor
CITY OF ELGIN -.10M
REQUEST FOR PROPOSAL PARKING CONSULTANTS
FULTON STREET PARKING DECK DESIGN
We propose to perform the base services described in "Attachment A", PROFESSIONAL FEE
entitled "Scope of Services" for the lump sum fee of Forty Thousand
Dollars ($40,000.00).
The breakdown of the fee by phases is as follows:
Phase I Schematic/Design Development and Preparation of
Design/Build Criteria Documents
AMOUNT
Basic Services $7,000
Specialty Security Consultant—Fox Valley Fire Safety $2,000
Total $9,000
Phase II Bidding Phase Services and Design/Build Submittal Evaluation
$16,000
Phase III — Design Documents Review $15,000
Total $40,000
Firm Fees
Walker Parking Consultants $38,000
Fox Valley Fire Safety $2,000
Total $40,000
• Agenda Item No.
City of Elgin
March 26, 2004
TO: Mayor and Members of the City Council #
FINANCIALLY STABLE CITY GOVERNMENT
EFFICIENT SE RVKES,
ANDQU4LITY INFRASTRUCTURE
FROM: David M. Dorgan, City Manager
David L. Lawry, General Services Group Director
SUBJECT: Engineering Services for Preliminary Parking Deck Design
PURPOSE
The purpose of this memorandum is to provide the Mayor and members of City Council with
information to award the agreement for engineering services for preliminary design of the
proposed parking deck to be located at 245 Fulton Street.
RECOMMENDATION
It is recommended that the City Council approve the award of the engineering agreement with
Walker Parking Consultants in the amount of$183,000.
BACKGROUND
A parking study was completed September 3, 2003, that identified the need for additional
parking in the downtown. The study presented several parking deck options. The attached
exhibit illustrates the selected option which will provide approximately 600 additional parking
spaces downtown. The spaces provided will compensate the loss of parking currently located on
the Par Townhome project site and for the parking lost on the Riverside Parking Deck.
The subject engineering services will complete preliminary design and architectural concept
work to prepare design/build bid documents for the construction of the deck. It is expected that
the parking deck will be completed as a design/build effort. Designibuild is a method of
construction whereby a designer/constructor team complete the design and construction of a
project at a fixed price to be determined from the bid phase . The more intensive design work to
detail all construction elements of the deck will be completed as part of the construction phase by
the selected design/build team.
The parameters of the completed deck are set forth as part of the subject preliminary work.
These parameters will include among others lighting, security, method of construction, type of
construction, parking layout, location of ingress and egress for vehicle and pedestrian use,
architectural detail and schedule.
Engineering Agreement Preliminary Parking Deck Design
March 26, 2004
Page 2
The City requested proposals from five (5) different firms. Because the parking deck is
considered a city owned building, the requests for proposals were also publicly advertised in
accordance with the City's procurement ordinance. Proposals were received from two firms,
Walker Parking Consultants (WPC) and Desmon Associates (DA). A selection team consisting
of four staff members individually evaluated and ranked the two proposals and unanimously
ranked WPC,the best qualified firm.
Upon selection of WPC, fees from each of the firms were opened and reviewed. WPC's fee of
$235,000 compares favorably to the fee submitted by the 2nd ranked firm, DA, $220,440 when
you factor into the DA fee those items they did not include in their fee that Walker did. There
are several scope items in the WPC proposal not addressed by the DA. These items include
effort to prepare demolition plans, weekly versus biweekly meetings, preparation of a signage
plan, and an effort to discuss adjacent property access issues. When these factors are removed
from the WPC fee and we compare fees on an equal playing field, the WPC fee is lower than the
DA fee by $8,740. Fees for a typical design/bid/build project would be in the range from 5.5%
to 6.5% of the total construction cost or$561,000 to $663,000. The work to be completed as part
of this preliminary design work comprises about 30% of the total design work or 30% of the
above fee range or $168,300 to $198,900. The above fee does not increase the overall project
cost as the subject fee would be a factor in the designibuild cost if not done during this
preliminary stage.
The final scope of services was negotiated with WPC in which the hours of work for several
items were revised or eliminated. These items include removing the effort to prepare demolition
plans and removing the construction administration fee until a later date. The reduction was for a
total of $52,000, bringing the final engineering fee to $183,000. While the qualifications of
WPC were evaluated with respect to the construction administration services, fees associated
with this service will not be considered until the full scope of the project is known. At that time,
an amendment will be brought to the City Council for consideration. A copy of the engineering
services agreement is attached for your consideration.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None
FINANCIAL IMPACT
The total not-to-exceed cost for this contract with WPC is $183,000. Funds in the amount of$1
million are budgeted with $884,000 remaining in the Riverboat Fund, account number 275-0000-
791.92-32 Project number 039528 to fund the subject design effort.
eookl
Engineering Agreement Preliminary Parking Deck Design
March 26, 2004
Page 3
LEGALIMPACT
VWNone
ALTERNATIVES
1. Award the contract as recommended to Walker Parking Consultants.
2. Do not award the contract and reject all proposals.
Respectfully submitted for Council consideration.
DLL:dll
Attachments
ENGINEER.FM
8/30/00
AGREEMENT
THIS AGREEMENT, made and entered into this 18th day of March, 2004, by and between the CITY OF ELGIN,
an Illinois municipal corporation (hereinafter referred to as "CITY") and Walker Parking Consultants/Engineers,
Inc. (hereinafter referred to as "ENGINEER").
WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional services in connection
with the new Fulton Street Parking Deck (hereinafter referred to as the PROJECT). The work shall be generally
based upon the Site D2, Option 2 drawings included in the September 2, 2003 study. The Project shall generally
be based on a four level deck with approximately 580 parking spaces.
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 General Services Manager of
the CITY,herein after referred to as the "MANAGER".
B. The Engineer's Basic Services shall include the development of a project design scope,
preparation of design development drawings, and preparation of design/build requests for
proposal. It is the intent that the construction documents and parking deck construction will be
completed by a design/build construction firm or team.
C. A detailed Scope of Services is attached hereto as Attachment A.
II. PROGRESS REPORTS
A. An outline project milestone schedule is provided herein under, included as Attachment B.
B. A detailed project schedule for the Project based on Attachment B, will be prepared. Progress
will be recorded on the project schedule and submitted monthly as a component of the Status
Report described in C. below.
C. The Engineer will submit to the MANAGER 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 too,reports,
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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 MANAGER 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
One Hundred Eight Three Thousand Dollars($183,000.00),regardless of actual Costs incurred
by the ENGINEER unless SUBSTANTIAL modifications to the project are authorized in
writing by the MANAGER.
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, and full payments for each task shall
not be made until the task is completed and accepted by the MANAGER. A detail of the
Professional Fee is included in Attachment A.
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 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.
VI11. 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
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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 MANAGER relative to a claim
submitted by the ENGINEER, all work required under this Agreement as determined by the
MANAGER 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
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, attorneys 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.
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.
X11. 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. s
The ENGINEER shall deliver to the Purchasing 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 City.
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.
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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 Engineers 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 MANAGER as evidence of insurance protection. The policy shall not be
modified or terminated without thirty(30)days prior written notice to the MANAGER.
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.
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. Any proposed subcontractor shall require the CITY's advanced written approval.
1w, XVII. 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.
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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. 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.
XXII. NEWS RELEASES
The ENGINEER may not issue any news releases without prior approval from the MANAGER, nor
will the ENGINEER make public proposals developed under this Agreement without prior written
approval from the MANAGER 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.
XXIV. 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.
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;
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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.
XXVI. WRITTEN COMMUNICATIONS
All recommendations and other communications by the ENGINEER to the MANAGER and to other
participants which may affect cost or time of completion, shall be made or confirmed in writing. The
MANAGER 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:
A. As to CITY:
David Lawry
General Services Manager
City of Elgin
150 Dexter Court
Elgin,Illinois 60120-5555
B. As to ENGINEER:
Thomas L.Hannula,P.E.
Senior Vice President
Walker Parking Consultants/Engineers,Inc.
505 Davis Road
Elgin,Illinois 60123
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
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By: By:
City Clerk City Manager
(SEAL)
For the ENGINEER:
Dated this W11 day of /�arcGl A.D.,2004.
ATTEST:
ame . Gra el, .E., S.E. Thomas L. Hannula,P.E.
Executive Vice resident Senior Vice President
(SEAL)
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CITY OF ELGIN �,.. WALKER
REQUEST FOR PROPOSAL PARKING CON UJANTs
FULTON STREET PARKING DECK DESIGN
ATTACHMENT A
Phase I
Schematic/Design Development and Preparation of SCOPE OF SERVICES
Design/Build Criteria Documents
1 . Meet with representatives of the City of Elgin, and other
appropriate parties to establish the project requirements,
budget, and overall schedule.
2. Prepare RFP's detailing the requirements for a site survey and
geotechnical investigation for the parking structure sites. The
survey and geotechnical investigation will be obtained and
paid for by the City of Elgin.
3. Develop and evaluate alternative functional designs for the
parking structure identifying the following:
Internal vehicular circulation
' • Loading at adjacent retail properties
• Efficiency (square feet per car)
• Overall dimensions
• Location of entrances and exits
• Storage and other mixed use space
• Phased construction or future expansion capability
Determine the merits and estimated cost of each scheme, and
in conjunction with the City of Elgin, select the preferred
functional design.
4. Meet with the City of Elgin and other appropriate parties to
obtain input and conceptual approval on architectural issues.
5. Attend meeting with the City of Elgin and other appropriate
parties to discuss traffic issues as they relate to the parking
structure.
b. Perform a code review to determine the required number and
location of stair towers.
7. Determine the required number and location of elevators.
8. Review active and passive security features, and in
conjunction with City of Elgin representatives, determine the
desired level of security to be included in the parking
structure.
9. Establish required lighting levels and uniformity ratios for
typical parking areas, entry/exit areas, and pedestrian
areas.
10. Determine the code required fire protection system for the
parking structure
CITY OF ELGIN v WALKER
REQUEST FOR PROPOSAL PARKING CONSULTANTS
FULTON STREET PARKING DECK DESIGN
11 . Review the features of cast-in-place post-tensioned concrete
and precast pre-stressed concrete structural systems— and in
conjunction with City of Elgin representatives, determine the
structural system to be used in the parking structure.
12. Prepare design development drawings defining the
following:
• Building dimensions
• Architectural treatment (including one 3-D rendering
of the project)
• Vehicular circulation
• Parking layout
• Stair/elevator tower locations
• Floor-to-floor dimensions
• Graphics
• Structural system including allowable shear wall
locations
• Typical details for acceptable civil, structural,
mechanical, electrical and landscape systems
13. Prepare design/build scope documents including outline
specifications describing minimum standards, acceptable
materials, and acceptable manufacturers for critical
components. Incorporate the City of Elgin's front-end
documents into the specifications. These front-end documents
will be created later.
14. Review demolition documents for the site as prepared by the
City of Elgin.
Phase 11
Bidding Phase Services and Design/Build Submittal
Evaluation
1 . Assist City of Elgin representatives in developing a RFQ for
design/build teams.
2. Assist City of Elgin representatives in review of qualifications
and short-listing of design/build teams.
3. Provide an electronic copy of the scope documents to a
printer to be distributed to short-listed teams.
4. Attend a pre-bid conference with the short-listed teams to
/► answer questions and clarify intent of the scope documents.
5. Review design/build proposals for conformance with criteria
scope documents.
b. Attend interviews and assist in selection of a design/build
team.
CITY OF ELGIN WALKER
REQUEST FOR PROPOSAL PARKING CONSULTANTS
FULTON STREET PARKING DECK DESIGN
Phase 111
Design Documents Review
Review successful design/build team's final design drawings and
specifications at 60 percent and 100 percent completion for
conformance with criteria documents.
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I
CITY OF ELGIN WALKER
REQUEST FOR PROPOSAL PARKINGCONSUGANTs
FULTON STREET PARKING DECK DESIGN
We propose to perform the base services described in "Attachment A", PROFESSIONAL FEE
entitled "Scope of Services" for the lump sum fee of One Hundred Eighty-
Three Thousand Dollars ($183,000.00 .
The breakdown of the fee by phases is as follows:
Phase I Schematic/Design Development and Preparation of
Design/Build Criteria Documents
AMOUNT
Basic Services $152,000
Specialty Security Consultant—Fox Valley Fire Safety $3,000
Total $155,000
Phase II Bidding Phase Services and Design/Build Submittal Evaluation
$13,000
Phase III — Design Documents Review
$15,000
TOTAL $183,000
CITY OF ELGIN WALKER
REQUEST FOR PROPOSAL PARKING CONSULTANTS
FULTON STREET PARKING DECK DESIGN
ATTACHMENT B
General SCHEDULE OF WORK
We are prepared to meet the schedule to prepare the design/build
scope documents as indicate in the RFP. The RFP shows the
design/build RFP completed on July 2, 2004.
The construction schedule as shown in the RFP is very tight. After the
design/build team is selected, they will still need to complete their
design prior to receiving building permits. Possible ways to accelerate
the schedule would include starting work on the RFP sooner, preparation
of the demolition documents, and allowing the design/build contractor
to obtain a foundation permit.
The proposed schedule shown below would try to complete the
design/build RFP by June 18, 2004. The schedule is contingent upon
the ability to get decisions and award of contracts quickly.
• Authorize agreement April 14, 2004
• Start schematic design phase April 15, 2004
kick-off meetings
RFP's for survey/geotechnical services
• Develop RFQ for design/build teams May 5-12, 2004
• Complete schematic design phase May 12, 2004
• Start design development phase May 13, 2004
• RFQ for design/build teams May 13-26, 2004
• Short list design/build teams May 27-June 11, 2004
• Complete design development phase June 16, 2004
• Distribute scope documents to
�+ design/build teams June 18, 2004
CITY OF ELGIN v ... WALKER
REQUEST FOR PROPOSAL PARKING CONSULTANTS
FULTON STREET PARKING DECK DESIGN
• Pre-bid conference June 25, 2004
• Design/build proposal due July 16, 2004
• Review proposals July 19-23, 2004
• Interviews with design/build teams July 26-28, 2004
• Authorize agreement August 2004
• Complete Construction March 28, 2004
Dependent on Design/Build Contractor
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