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08-285 Resolution No. 08-285 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH WALKER RESTORATION CONSULTANTS REGARDING THE SYMPHONY WAY PARKING DECK BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED that Olufemi Folarin, City Manager, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Walker Parking Restoration Consultants for professional services regarding the Symphony Way parking deck,a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: December 3, 2008 Adopted: December 3, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk AGREEMENT THIS AGREEMENT is made and entered into this 12 day of November,2008,by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY") and WALKER RESTORATION CONSULTANTS,a division of Walker Parking Consultants,an Illinois corporation(hereinafter referred to as "ENGINEER"). WHEREAS,the CITY desires to engage the ENGINEER to furnish certain professional services in connection with the Elgin Family Recreation Center Parking structure precast facade tieback connection matters (hereinafter referred to as the PROJECT); and WHEREAS, the ENGINEER represents that it 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 the engineering matters involved in the PROJECT as described herein, subject to the following terms and conditions and stipulations, to-wit: 1. SCOPE OF SERVICES A. All work hereunder shall be performed under the direction of the General Services Group Director of the CITY, hereinafter referred to as the "DIRECTOR". B. The ENGINEER shall provide the services for the PROJECT as set forth in the ENGINEER'S proposal for the PROJECT dated September 13, 2008, a copy of which is attached hereto and made a part hereof by this reference as Exhibit A. 2. SCHEDULE A. ENGINEER shall commence the services to be provided pursuant to this Agreement upon entering into and execution of this Agreement and shall complete same as set forth in Exhibit A or if not stated therein as is reasonably practicable. 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. 3. WORK PRODUCTS All work products prepared by the ENGINEER pursuant hereto including,but not limited to, reports, designs, calculations, work drawings, studies, photographs, models and recommendations shall be the property of the CITY and shall be delivered to the CITY upon request of the DIRECTOR provided, however, that the ENGINEER may retain copies of such work products for its records. Such work products are not intended or represented to be suitable for reuse by the CITY on any extension to the PROJECT or on any other project,and such reuse shall be at the sole risk of the CITY without liability or legal exposure to the ENGINEER. 4. PAYMENTS TO THE ENGINEER(Lump Sum Method) A. The CITY shall reimburse the ENGINEER for services under this Agreement a lump sum not to exceed of Seventeen Thousand Two Hundred Fifty Dollars ($17,250), regardless of actual Costs incurred by the ENGINEER unless substantial modifications to the project are authorized in writing by the DIRECTOR. B. Reimbursable expenses of the ENGINEER shall not exceed$350 are included in the above not-to-exceed amount of$17,250. C. 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 Exhibit A and full payments for each task shall not be made until the task is completed and accepted by the DIRECTOR. 5. INVOICES A. The ENGINEER shall submit invoices in a format approved by the CITY. Progress reports (2C 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. 6. 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 4 above. 7. 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 5, 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. 8. 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. - 2 - 9. 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. 10. INDEMNIFICATION To the fullest extent permitted by law,ENGINEER agrees to and shall indemnify,defend and hold hamiless 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 any expiration, completion and/or termination of this Agreement. 11. 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. 12. 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 teiminated 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 10 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 prorated, 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. - 3 - 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 DIRECTOR as evidence of insurance protection. The policy shall not be modified or terminated without thirty(30)days prior written notice to the DIRECTOR. 13. 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. 14. 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, telinination or suspension, in whole or in part, of the Agreement by the CITY. 15. 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. 16. 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. - 4 - 17. 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. 18. 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. 19. 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. 20. 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. 21. 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. 22. 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. 23. COOPERATION WITH OTHER CONSULTANTS The ENGINEER shall cooperate with any other consultants in the CITY's employ or any work associated with the PROJECT. 24. 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. - 5 - 25. 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. A copy of the policies shall be provided by ENGINEER to the Department of Human Rights upon request 775 ILCS 5/2-105. 26. Substance Abuse Program. As a condition of this agreement, ENGINEER shall have in place a written substance abuse prevention program which meets or exceeds the program requirements in the Substance Abuse Prevention Public Works Project Act at 820 ILCS 265/1 et seq. A copy of such policy shall be provided to the City's DIRECTOR prior to the entry into and execution of this agreement. 27. 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. 28. 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 Group Director City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 - 6 - B. As to ENGINEER: Walker Restoration Consultants Attention: Daniel E. Moser 505 Davis Road Elgin, Illinois 60123 29. COMPLIANCE WITH LAWS Notwithstanding any other provision of this AGREEMENT it is expressly agreed and understood that in connection with the performance of this AGREEMENT that the ENGINEER shall comply with all applicable Federal, State,City and other requirements of law, including,but not limited to,any applicable requirements regarding prevailing wages, minimum wage, workplace safety and legal status of employees. Without limiting the foregoing, ENGINEER hereby certifies, represents and warrants to the CITY that all ENGINEER'S employees and/or agents who will be providing products and/or services with respect to this AGREEMENT shall be legal residents of the United States. ENGINEER shall also at its expense secure all permits and licenses, pay all charges and fees and give all notices necessary and incident to the due and lawful prosecution of the work, and/or the products and/or services to be provided for in this AGREEMENT. The CITY shall have the right to audit any records in the possession or control of the ENGINEER to determine ENGINEER'S compliance with the provisions of this section. In the event the CITY proceeds with such an audit the ENGINEER shall make available to the CITY the ENGINEER'S relevant records at no cost to the CITY. IN WITNESS WHEREOF,the parties hereto have entered into and executed this agreement effective as of the date and year first written above. FOR THE CITY: FOR TH ENGINEER: By By / �- City an er • Attest: City Clerk F:1Legal Dept\Agreemcnt\Walker Restoration Consultants-Symphony Parking Dcck,doc - 7 - WALKER R,STovATIcwrowSUn^~T5 5ooDavis Road Elgin, IL 60123 Voice: 847.6972640 Fax: 847.6977439 www.walkerrestoration.com September 30, 2008 Mr. Richard Hoke Maintenance Superintendent City of Elgin lJO Dexter Court Elgin, IL 60120 Re: Proposal for Elgin Family Recreation Center Parking Structure Precast Façade Tieback Connection Visual Review and Report, Schematic Supplemental Connection Design, Final Construction Documents and Limited Site Visits Walker Project No. 3/-6963.00 Dear Mr. Hoke: Walker Restoration Consultants, a division of Walker Parking Consultants, is pleased to submit this proposal for the Elgin Family Recreation Center Parking Structure precast facade tieback connection items. BACKGROUND AND OBJECTIVE We understand that concerns regarding a piece of spa/led precast concrete from the south elevation prompted the initial visit on September 3, 2008. During the September 3rd visit, we observed that the tieback connection at the spall location was completely broken. A quick visual review of a portion of the other exposed tieback connections in the immediate vicinity revealed other tieback connections which were also broken. We agreed that Walker should perform a visual survey of the exposed tieback connections throughout the parking structure. The parking structure is a post-tensioned structure with an exterior 10 inch thick precast concrete facade with brick imbedded into the precast. The precast façade is supported by foundations to carry its own weight and is tied back laterally to the parking structure for stability. Therefore, the objective of our services for this proposal is to perform a visual condition review of the exposed precast facade tieback connections to determine the number of broken façade connections. Walker will provide an opinion as to if eminently hazardous conditions exist. Additionally, we will provide o schematic connection design with an opinion of construction costs, ' / 'T / yl �M/ � / Mr. Richard Hoke WALKER Se�om6vr26' 2O08 �w��N� Page 2 provide final drawings for bidding, and include site visits to observe repairs for conformance to the repair design intent. SCOPE OF SERVICES We have outlined a description of the scope of our services for the precast façade tieback connections as follows: PHASE /— VISUAL REVIEW AND REPORT* 1 . Perform a visual condition review of the exposed precast facade tieback connections to determine the number of broken facade connections. Also, Walker was to provide an opinion as to if eminently hazardous conditions exist. 2. Prepare a written letter report summarizing our observations and conceptual recommendations. The report will include color photographs of representative conditions. *Note - This phase has already been completed. We issued the letter report on September 10, 2008. PHASE 2 — SCHEMATIC CONNECTION DESIGN AND REPORT* 1 . Provide a schematic connection design to accommodate parking structure movements while anchoring the precast facade to the structure. 2. Prepare an engineering opinion of construction costs to install the recommended connections. 3. Prepare a written letter report with sketches. *Note — This phase has already been completed. We issued a letter report and schematic design sketch on September 16, 2008. PHASE 3 —FINAL DESIGN AND DRAWINGS FOR BIDDING 1 . After the City has selected the level of connection repair, Walker will prepare final repair design and calculations. 2. Prepare final Repair Drawings, Details, General Notes, and Project Administrative Requirements (as notes on the drawings). 3. Provide 3 sets of the repair drawings signed and sealed by an Illinois Licensed Structural Engineer. WALKER Mr. Richard Hoke RE STOR,TIC N CON5-:"ANT3 September 26, 2008 Page 3 PHASE 4 — LIMITED SITE VISITS DURING REPAIRS 1 . Perform limited site visits during repairs to observe if the repair work generally conforms to the design intent of the repair drawings. 2. After each site visit, issue a written field report summarizing our observations and recommendations. (Three (3) site visits, up to four hours each visit). PHASE 5— OFFICE CONSULTATION TIME DURING REPAIRS 1 . Provide limited office consultation during the repairs. 2. Review shop drawings of new connections. 3. Issue revisions to repair details based on actual field conditions encountered if required. 4. We have included up to 12 hours of office consultation time during repairs. PROFESSIONAL ENGINEERING FEES AND EXPENSES We propose to provide the services described above for lump sum fees plus reimbursable expenses in accordance with the table below and the attached Walker General Conditions of Agreement. Reimbursable expenses shall mean 1 .15 times the actual cost of the following: transportation and subsistence of principals and employees when traveling in connection with the work; toll telephone calls and facsimiles; postage and courier fees; reproduction of reports, drawings, specifications, and similar project-related items. Expenses and testing costs are additional to our stated engineering fees. A summary of the engineering fees and reimbursable expenses for the proposed services are as follows: Task Fees Expenses (Lump Sum) PHASE I — VISUAL REVIEW AND REPORT* $ 4,900 * PHASE 2 — SCHEMATIC CONNECTION DESIGN* $ 2,200 * PHASE 3 — FINAL DESIGN AND DRAWINGS FOR BIDDING $ 5,600 $ 250 PHASE 4 — LIMITED SITE VISITS DURING REPAIRS (3 Site Visits, $ 2,100 $ 100 up to 4 hours each visit) PHASE 5 — OFFICE CONSULTATION TIME DURING REPAIRS $ 2,100 (up to 12 hours) TOTALS $ 16,900 $ 350 *Tasks already completed. See Scope of Services for additional information. WALKER Mr. Richard Hoke =esTo�rricN cons rar; September 26, 2008 Page 4 Trusting the foregoing meets with your approval, please sign and return one copy of this proposal to signify your acceptance and notice to proceed with the tasks not yet completed. Walker is dedicated to providing our clients with engineering services that meet project requirements. To meet this goal, we are available to review this proposal with you at your convenience, and adapt the work scope as deemed necessary. Sincerely, WALKER RESTORATION CONSULTANTS Daniel E. Moser, S.E., P.E. Department Head cc: Thomas L. Hannula, P.E., Walker Parking Consultants Attachments: Walker General Conditions of Agreement AUTHORIZATION Accepted by: Title: Date: J.\31-6963-00_Elgin_FRC Connechon_Evaluation\Agreements\PRO-00-09 30 08 Elgin FRC Precast Connections.doc October 30, 2008 TO: Mayor and Members of the City Council FROM: Olufemi Folarin, City Manager Rich Hoke, Building Maintenance Superintendent SUBJECT: Repairs to the Symphony Parking Deck PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to award a contract to Walker Restoration Consultants to prepare bid documents for repairs to the Symphony Parking Deck. RECOMMENDATION It is recommended that the City Council award a contract to Walker Restoration Consultants of Elgin, IL for preparation of bid documents for repairs to the Symphony Parking Deck in the amount of$17,250. BACKGROUND Failures of some of the brick panels were recognized on the façade of the Centre parking deck. Upon further investigation, it appeared that there was unusual movement in the precast panels which caused failures of many of the connectors. Because Walker Parking Consultants had designed the deck, they were asked to perform an initial inspection of the deck and determine the cause. Their inspection revealed that several of the connectors that hold the prefab panels in place were broken and they have recommended that they be repaired as soon as possible. There are also additional connectors of the same style that Walker is recommending be replaced before they also fail. Walker is estimating the cost of the repairs to be $28,500. To date we have incurred $7,100 in expenses with Walker Consulting for the inspection, analysis and cost estimates. The original connectors were designed by the panel manufacturer as required by the bid specifications for the parking deck construction. We would like Walker to continue the work they have started to complete the design of the new connector system and prepare bid specifications and drawings for the repair of the panels. The cost for the additional work would be $10,150 for a total cost of$17,250. Symphony Parking Deck Repairs October 30, 2008 Page 2 COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None FINANCIAL IMPACT The work to be performed by Walker Restoration Consultants will total $17,250. While there was no money originally budgeted for this contract, funding is available ($19,986) in the Riverboat Fund after a transfer is made from project 039528 "Fulton Street Parking Garage". Account number 275-0000-791.93-36 "Capital Additions-Buildings/Structures," project number 039812, "Symphony Parking Deck Repairs" will be charged. LEGAL IMPACT Approval of this contract is considered an exception to the procurement ordinance which is allowed under the procurement code. A two-thirds vote is required for approval. ALTERNATIVES 1. The City Council may choose to award the contract to Walker Restoration Consultants of Elgin, IL in the amount of$17,250. 2. The City Council may choose not to award the contract to Walker Restoration Consultants of Elgin, IL in the amount of$17,250. Respectfully submitted for Council consideration. RH Attachment \" Memorandum r :a § City of Elgin Date: December 8, 2008 To: Rich Hoke, Building Maintenance Superintendent From: Jennifer Quinton, Deputy City Clerk Subject: Resolution No. 08-285, Regarding agreement with Walker Restoration Consultants for professional services for the Symphony Way Parking Deck Enclosed please find the above referenced agreement. Please distribute to the appropriate parties and if needed, retain a copy for your records. If you have any questions please feel free to contact our office 847-931-5660 and we will do our best to assist you. Thank you.