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12-133 Resolution No. 12-133 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH SMITHGROUP JJR D/B/A JJR, LLC FOR CONSULTING SERVICES REGARDING PHASE I IMPROVEMENTS TO JACK COOK REGIONAL PARK BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,that Sean R. Stegall,City Manager,and Kimberly A.Dewis,City Clerk,be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with SmithGroup JJR d/b/a JJR,LLC for consulting services regarding Phase I improvements to Jack Cook Regional Park,a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: August 22, 2012 Adopted: August 22, 2012 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk w ' AGREEMENT THIS AGREEMENT is made and entered into this 22 day of August , 2012, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY") and SmithGroup JJR, a Limited Liability Company, dba JJR, LLC (hereinafter referred to as "CONSULTANT"). WHEREAS, the CITY desires to engage the CONSULTANT to furnish certain professional services in connection with park planning, site engineering and architecture required for the proposed phase one improvements to this city's Jack Cook Regional Park (hereinafter referred to as the "PROJECT"); and WHEREAS, the CONSULTANT 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 CONSULTANT that the CITY does hereby retain the CONSULTANT for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged to perform the services relating to 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 Director of Parks and Recreation of the CITY, herein after referred to as the "DIRECTOR". B. The CONSULTANT shall provide the park planning, site engineering and architecture consulting services for the PROJECT. A detailed Scope of Services to be provided by the CONSULTANT pursuant to this agreement is attached hereto as Attachment A. 2. PROGRESS REPORTS A. An outline project milestone schedule is provided herein. B. A detailed project schedule for the PROJECT is included as Attachment B, attached hereto. Progress will be recorded on the project schedule and submitted monthly as a component of the Status Report described in C below. C. The CONSULTANT 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 PRODUCT All work product prepared by the CONSULTANT pursuant hereto including, but not limited to, reports, plans, 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 CONSULTANT may retain copies of such work product for its records. CONSULTANT's execution of this Agreement shall constitute CONSULTANT's conveyance and assignment of all right, title and interest, including but not limited to any copyright interest, by the CONSULTANT to the CITY of all such work product prepared by the CONSULTANT pursuant to this Agreement. The CITY shall have the right either on its own or through such other consultants as determined by the CITY to utilize and/or amend such work product. Any such amendment to such work product shall be at the sole risk of the CITY. Such work product is 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 CONSULTANT. 4. PAYMENTS TO THE CONSULTANT (Not to Exceed Method) ON A Ra-{Zc a�-�� 84s 1 S A. For services provided the CONSULTANT shall be paid a tha-rats ��_ on this PROJECT, with the total fee not to exceed $56,500 regardless of the actual costs incurred by the CONSULTANT unless substantial modifications to the scope of the work are authorized in writing by the DIRECTOR. SRS B. For outside services provided by other firms or subcontractors, the CITY shall pay the CONSULTANT the invoiced fee to the CONSULTANT, plus 0 C. Reimbursables not to exceed $3,500 D. The CITY shall make periodic payments to the CONSULTANT based upon actual progress within thirty (30) days after receipt and approval of invoice. Said periodic payments to the CONSULTANT 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 DIRECTOR. Phase 1 Discovery & Program Verification $3,500 completed by October 1, 2012 Master Plan Verification $4,500 completed by November 1, 2012 Preliminary Engineering $22,500 completed by December 15, 2012 Final Engineering $26,000 completed by February 1, 2013 - 2 - 5. INVOICES A. The CONSULTANT shall submit invoices in a format approved by the CITY. Progress reports (2C above) will be included with all payment requests. B. The CONSULTANT shall maintain records showing actual time devoted and cost incurred. The CONSULTANT shall permit the authorized representative of the CITY to inspect and audit all data and records of the CONSULTANT for work done under this Agreement. The CONSULTANT shall make these records available at reasonable times during the Agreement period and for one (1) 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 CONSULTANT. In the event that this Agreement is so terminated, the CONSULTANT 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 CONSULTANT is given a notice to proceed and, unless terminated for cause or pursuant to Paragraph 6, shall be deemed concluded on the date the CITY determines that all of the CONSULTANT'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 this Agreement. 8. NOTICE OF CLAIM If the CONSULTANT wishes to make a claim for additional compensation as a result of action taken by the CITY, the CONSULTANT shall give written notice of his claim within fifteen (15) days after occurrence of such action. No claim for additional compensation shall be valid unless so made. Any changes in the CONSULTANT's fee shall be valid only to the extent that such changes are included in writing signed by the CITY and the CONSULTANT. Regardless of the decision of the DIRECTOR relative to a claim submitted by the CONSULTANT, all work required under this Agreement as determined by the DIRECTOR shall proceed without interruption. 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; - 3 - 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. Notwithstanding the foregoing, or anything else to the contrary in this Agreement, with the sole exception of an action to recover the monies the CITY has agreed to pay to the CONSULTANT pursuant to Paragraph 4 hereof, no action shall be commenced by the CONSULTANT against the CITY for monetary damages. CONSULTANT hereby further waives any and all claims or rights to interest on money claimed to be due pursuant to this Agreement, and waives any and all such rights to interest which it claims it may otherwise be entitled pursuant to law, including, but not limited to, the Local Government Prompt Payment Act (50 ILCS 501/1, et seq.), as amended, or the Illinois Interest Act (815 ILCS 205/1, et seq.), as amended. The parties hereto further agree that any action by the CONSULTANT arising out of this Agreement must be filed within one year of the date the alleged cause of action arose or the same will be time-barred. The provisions of this paragraph shall survive any expiration, completion and/or termination of this Agreement. 10. INDEMNIFICATION To the fullest extent permitted by law, CONSULTANT 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 CONSULTANT in connection herewith, including negligence or omissions of employees or agents of the CONSULTANT 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 CONSULTANT 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 CONSULTANT shall deliver to the DIRECTOR a Certificate of Insurance naming the CITY as additional insured. The policy shall not be modified or terminated without thirty (30) days prior written notice to the DIRECTOR. - 4 - The Certificate of Insurance shall include the contractual obligation assumed by the CONSULTANT under Paragraph 10 entitled "Indemnification". This insurance shall be primary and non-contributory 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. 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 bodily injury and/or property damage. 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 CONSULTANT shall carry CONSULTANT's Professional Liability Insurance covering claims resulting from error, omissions or negligent acts with a combined single limit of not less than $1,000,000 per claim. 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 CONSULTANT 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 - 5 - this Agreement and shall be grounds for cancellation, termination 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 CONSULTANT shall remain liable to the CITY with respect to each and every item, condition and other provision hereof to the same extent that the CONSULTANT 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. 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. - 6 - 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 CONSULTANT may not issue any news releases without prior approval from the DIRECTOR, nor will the CONSULTANT 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 CONSULTANT shall cooperate with any other consultants in the CITY's employ or any work associated with the PROJECT. 24. INTERFERENCE WITH PUBLIC CONTRACTING The CONSULTANT 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. 25. SEXUAL HARASSMENT As a condition of this contract, the CONSULTANT 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; - 7 - G. protection against retaliation as provided by Section 6-101 of the Human Rights Act. A copy of the policies shall be provided by CONSULTANT to the Department of Human Rights upon request 775 ILCS 5/2-105. 26. SUBSTANCE ABUSE PROGRAM. As a condition of this agreement, CONSULTANT 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 Assistant City Manager prior to the entry into and execution of this agreement. 27. WRITTEN COMMUNICATIONS All recommendations and other communications by the CONSULTANT 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 CONSULTANT 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 the CITY: Dave Waden Senior Planner City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 B. As to the CONSULTANT: Paul Wiese SmithGroup JJR 35 East Wacker Drive, Suite 2200 Chicago, Illinois 60601 29. COMPLIANCE WITH LAWS - 8 - Notwithstanding any other provision of this AGREEMENT it is expressly agreed and understood that in connection with the performance of this AGREEMENT that the CONSULTANT 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, CONSULTANT hereby certifies, represents and warrants to the CITY that all CONSULTANT'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. CONSULTANT 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 CONSULTANT to determine CONSULTANT's compliance with the provisions of this paragraph. In the event the CITY proceeds with such an audit the CONSULTANT shall make available to the CITY the CONSULTANT's relevant records at no cost to the CITY. CONSULTANT shall pay any and all costs associated with any such audit. IN WITNESS WHEREOF, the parties hereto have entered into and executed this agreement effective as of the date and year first written above. CITY Oen'S By: Sll, City Manager Attest: ity Clerk CONSULTANT: Sm l I�A4-1 IB By: �a1r Name/Print: 11U( S Title: I &I1T^ FF1Legal Dept\Agreement\Consultant Agr-SmithGroup JJR.docx - 9 - Section 1 Scope of Services PROJECT UNDERSTANDING the most efficient process for this work to take place. For the purposes of this Scope of Services, "Client"shall This Scope of Services is based upon the"Phase I Site mean the City of Elgin. Development Plan" included in the RFP and includes the program listed below. The construction budget SCOPE OF SERVICES is approximately$900,000. Design is expected to be completed in 2012 followed by bidding and construction NF I A..',1 is [i1 1:(A 1 J0 awl by the end of 2013. This Scope of Services is for the \ 1,1011( 01 0 Master Plan Verification, Preliminary and Final Discovery, Program and Engineering and Permitting phases only and Task L I Background Information assumes the City of Elgin will take primary responsibility for administering the bidding and construction phases of The Client will provide SGJJR with the following this project. information to assist SGJJR with the project. If any of the following data does not exist in a usable form, SGJJR • 2 soccer fields, irrigated will assist the Client in obtaining the data, or SGJJR will • 1 basketball court contract for the services directly,with the services being • 1 tennis court paid for as a reimbursable expense. • 1 play structure and swings a. Topographic and boundary surveys, including • 1 shelter existing utilities and field tile surveys. • Vehicular access and parking for approximately 20 b. Soil surveys and geotechnical reports. vehicles c. Previous storm water studies. • Trails and walks d. Natural resource,wetland, floodway and floodplain • Stormwater facilities studies, reports, delineations and jurisdictional • Landscape determinations. e. Traffic studies and reports. This proposal excludes design and engineering services in f. Local, county and state codes, ordinances and the Plank Road right-of-way, other than a new driveway regulations. for the park. Should Kane County require right-of-way g. Any other related studies or data to assist in the improvements, such as new turn lanes or accelerations/de- acceleration lanes,we will discuss with the City of Elgin .................. .... ........... .. .._...._ ..._..... Section 1 Scope of Services project vision and budget for the project. Task 1.2 Confirm Program- Quantitative Task 1.5 Client Meeting SGJJR will meet with the Client to confirm the new SGJJR will meet with the Client to review and seek input facilities desired by the Client including fields,access and and feedback on the findings of Phase 1. drives, parking,walks and trails,shelters,courts,storm water, landscape and amenities, including budget. This hl IASL 2 MA)i H( PL A\ VF11fl i �t Al 10\ is called the program. Much of the program has been identified in the Request For Proposal, but this will be Task 2.1 Site Plan Verification enhanced with input from SGJJR and our extensive experience of designing and developing similar facilities Based upon the background information provided and and parks. collected,and discussions from Task 1.5, SGJJR will document the preferred Phase 1 Master Plan. These Task 1.3 Confirm Vision- Qualitative documents would consist of rendered and labeled site plans, shelter floor plan and elevation,plus narrative, and SGJJR will meet with the Client to confirm the Client's be suitable for public presentation, i.e. PowerPoint. vision for the project. Vision relates to character,ap- pearance and quality of the property. SGJJR will present Task 2.2 Magnitude of Construction Cost images of similar facilities to the Client and discuss likes and dislikes of each to understand the Client's vision for SGJJR will develop a Magnitude of Construction Cost the property. statement for the preferred plan. The statement will be itemized by site components. Task 1.4 Issues and Opportunities and Program Narrative Task 2.3 Client Meeting Based upon the findings of the previous tasks, SGJJR will produce an Issues and Opportunities document that SGJJR will meet with the Client to review and seek input summarizes strengths and weaknesses of the property. JJR and feedback on the findings of Phase 2. will also produce a narrative summarizing the program, ,A a y May 8,2012 City of Elgin% Proposed Improvements at Jack E Cook Park Section 1 Scope of Services PHASI 3, PR H I N1 I NARY f I'N(aIN1 1 R INN Task 3.3 Client Meeting Task 3.1 Preliminary Engineering Documents SGJJR will meet with the Client to review and seek input and feedback on the findings of Phase 3. SGJJR will prepare Preliminary Engineering Documents. These will consist of drawings, calculations and other VI I A�I I U\'A I I I�I If R"1 00(,I"NJI I information necessary to establish the project. AM) H W01 1'� • Site grading and storm water drainage require- Task 4.1 Construction Drawings and Specifications ments. • Site paving for drives,parking, playing courts, Following written approval of the Preliminary Engineer- walks and trails. ing Documents, SGJJR will prepare Final Engineering • Site electrical associated with water pumps and Drawings and Specifications for one bid pack setting forth control of the irrigation system as well as power to in detail the requirements for the construction of the the shelter. Site lighting is excluded. project. • Site irrigation for the 2 soccer field natural turf areas. a SGJJR will prepare fully coordinated documents • Shade shelter. conforming to applicable district, municipal, • Basketball and tennis court components including county,state and federal laws, regulations, surfacing and striping,goals, nets and fencing. ordinances and interpretations of same. • Site landscape including turf, native grasses,and 0 SGJJR will develop,coordinate and complete shade, intermediate and evergreen trees. the technical specifications,which designate all construction materials,systems, qualities, Task 3.2 Statement of Probable Construction Costs workmanship and equipment, using the CSI format. Front End Documents (General and SGJJR will provide a Statement of Probable Construction Supplementary Conditions)will be provided by Costs based on the Preliminary Engineering Documents. the Client but will be incorporated by the SGJJR into the Project Manual. ------.... q I Section 1 Scope of Services Task 4.2 Statement of Probable Construction Costs A final Statement of Probable Construction Costs of the items included on the drawings and in the specifications for one bid pack will be prepared and used for evaluation of competitive bidding. Task 4.3 Permits and Approvals SGJJR will prepare and submit permit applications to assist the Client in obtaining the necessary regulatory permits and approvals to proceed with bidding and construction. Development of reports, perspectives or renderings for permits,beyond what will be developed for construction of the project, for the express purpose of regulatory review and approval, is excluded. For this project,anticipated permits and approvals are identified in Tab Id. Task 4.4 Client Meeting SGJJR will meet with the Client to review and seek input and feedback on the findings of Phase 4. By City of Elgin VIWiL0 (,()°44l iitV"IION AI)MINI "lRA'liO and 0104 RVJIVI.I(�"� By City of Elgin i May 8,2012 City of Elgin 1 Proposed Improvements at Jack E Cook Park SMINGROUPR August 3,2012 Re: Project Schedule City of Elgin Jack E. Cook Park SmithGroupJJR, Inc. (SGJJR)proposes the following schedule for delivery of the design and engineering phases for the project. This schedule assumes a Notice To Proceed date of September 1, 2012. SCHEDULE Discovery and Program Verification October 1, 2012 Master Plan Verification November 1, 2012 Preliminary Engineering December 15, 2012 Final Engineering February 1, 2013 We appreciate this opportunity to provide our services to the City of Elgin on this exciting project. Sincerely, SmithGroupJJR,Inc. P.&� Paul J. Wiese Vice President a _ ELGIN THE CITY IN THE SUBURBS- AGENDA ITEM: E MEETING DATE: August 8, 2012 ITEM: Agreement with SmithGroup JJR for Consulting Services for Improvements at Jack E. Cook Park ($60,000) OBJECTIVE: Complete phase 1 improvements to Jack E. Cook Regional Park. RECOMMENDATION: Approve the agreement for consulting services with SmithGroup JJR in the amount of$60,000. BACKGROUND The city owns 224 acres of unimproved park land located north of Plank Road and west of Switzer Road in Elgin. The property was annexed and purchased at a cost of$4,389,735 in April 2006. The city received a $750,000 grant from the Illinois Department of Natural Resources to help with the purchase of the park land and because of this grant, the city is now required to begin the development of the park site. To assist with the expense of the development of the park site, the city applied for an Open Space Lands Acquisition and Development (OSLAD) grant and was awarded it in 2011. This $400,000 OSLAD grant will be used to help offset the estimated $942,643 Phase 1 development costs. A copy of the Phase I concept plan is attached. The Phase 1 improvements will cover approximately ten acres of the total parcel. Future phases are not yet identified or programmed in the city's park construction budget. Through the issuance of a request for proposal (RFP), the city sought a consultant to lead the design, bid development and bidding of the Phase I project. A request for proposals was posted on the city's website, published in the Courier News on April 24, 2012 and sent directly to several consultants for their consideration. The city received nine proposals for the project which the staff evaluation team reviewed. Based on the quality of their proposal and understanding of the project, staff is recommending that the city retain SmithGroup JJR as the consultants to assist with this project. SmithGroup JJR has extensive local expertise acquired through their prior work on the recently adopted Parks and Recreation Master Plan. This experience will allow SmithGroup JJR to start the project with an unmatched depth of knowledge and understanding of the city's requirements and permitting process. 1 OPERATIONAL ANALYSIS The attached plan was submitted as part of the OSLAD grant. It is conceptual in nature and does not have the level of detail that is needed to construct the project. If approved, SmithGroup 11R will perform the following tasks as outlined in their attached contract: (1) discovery and program verification, (2) master plan verification, (3) preliminary engineering, (4) final engineering documents and permits. It is anticipated that most of SmithGroup JJR's tasks will be completed by the end of 2012. Bidding of the project will take place during early 2013 and the project will be completed by fall of 2013. The OSLAD grant requires that the project be completed by the end of 2013. Future phases of the Jack E. Cook Regional Park have not yet been identified due to the slowdown in development which has negatively impacted park impact fee collections. INTERESTED PERSONS CONTACTED None. FINANCIAL ANALYSIS A total of nine proposals were received and considered, with SmithGroup JJR chosen as the best proposal and most qualified firm to assist with the project. The total cost to prepare the necessary drawings, documents and permit application is $60,000. The projected cost of the entire Phase I development is estimated to be $942,643. BUDGET IMPACT FUND(S) ACCOUNT(S) PROJECT#(S) AMOUNT AMOUNT BUDGETED AVAILABLE Park Improvement 340-0000-795.92-32 509855 $60,000 $60,000 LEGAL IMPACT None. ALTERNATIVES The city council may choose to reject the staff recommendation to select SmithGroup JJR, in which case an alternative consultant would be chosen. I� 2 NEXT STEPS 1. Enter into the agreement with SmithGroup JJR. 2. Provide SmithGroup JJR with the baseline studies and data related to the park parcel. Originators: Dave Waden, Senior Planner Randy Reopelle, Parks and Recreation Director Final Review: Colleen Lavery, Chief Financial Officer William A. Cogley, Corporation Counsel/Chief Development Officer Richard G. Kozal, Assistant City Manager/Chief Operating Officer Sean R. Stegall, City Manager ATTACHMENTS A. Concept Plan for Jack Cook Park Phase I B. Agreement with SmithGroup JJR 3 Ey Soccer i t F,H x l l O / / t / 0 -L- oz 4 NUJ Future Path Future Earth Berm 10 Year 4 \V�� R a1 Flood Plain Mj \ Basketball Court O r , Intermediate Tree \\ „�- .E , Shelter Phase One 3' Future Spray Pad BMP/Detention t <i, Shade Tree Play Structure ., � �� � I Swings 100 Year I t ; Flood Plain b Tennis Court Future Entry / t� 1 r r Boulevard 'r p J L._l L__a 9 � i z' r—7 Parkin „ (20 spaces) F r, ' r Future Tennis OZZ � � —i r—i I---i Courts l L-1 L_� 1-, L l ` r , Future Skate Park _-� l Li ter' I 1 Rte_ City of Elgin Park Elgin Regional Park - Hitchcock and Recreation Design Group Department Phase I Site Development Plan ---- ----- V.luy[fY'lli f'Lw'iti - Elgin,Illinois _ Hey 8 Associates t AGREEMENT THIS AGREEMENT is made and entered into this day of , 2012, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY") and SmithGroup JJR, a Limited Liability Company, dba JJR, LLC (hereinafter referred to as"CONSULTANT"). WHEREAS, the CITY desires to engage the CONSULTANT to furnish certain professional services in connection with park planning, site engineering and architecture required for the proposed phase one improvements to this city's Jack Cook Regional Park (hereinafter referred to as the"PROJECT"); and WHEREAS, the CONSULTANT 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 CONSULTANT that the CITY does hereby retain the CONSULTANT for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged to perform the services relating to 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 Director of Parks and Recreation of the CITY, herein after referred to as the"DIRECTOR". B. The CONSULTANT shall provide the park planning, site engineering and architecture consulting services for the PROJECT. A detailed Scope of Services to be provided by the CONSULTANT pursuant to this agreement is attached hereto as Attachment A. 2. PROGRESS REPORTS A. An outline project milestone schedule is provided herein. B. A detailed project schedule for the PROJECT is included as Attachment B, attached hereto. Progress will be recorded on the project schedule and submitted monthly as a component of the Status Report described in C below. C. The CONSULTANT 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 PRODUCT All work product prepared by the CONSULTANT pursuant hereto including, but not limited to, reports, plans, 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 CONSULTANT may retain copies of such work product for its records. CONSULTANT's execution of this Agreement shall constitute CONSULTANT's conveyance and assignment of all right, title and interest, including but not limited to any copyright interest, by the CONSULTANT to the CITY of all such work product prepared by the CONSULTANT pursuant to this Agreement. The CITY shall have the right either on its own or through such other consultants as determined by the CITY to utilize and/or amend such work product. Any such amendment to such work product shall be at the sole risk of the CITY. Such work product is 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 CONSULTANT. 4. PAYMENTS TO THE CONSULTANT (Not to Exceed Method) A. For services provided the CONSULTANT shall be paid at the rate of 1 times the direct hourly rate of personnel employed on this PROJECT, with the total fee not to exceed $56,500 regardless of the actual costs incurred by the CONSULTANT unless substantial modifications to the scope of the work are authorized in writing by the DIRECTOR. B. For outside services provided by other firms or subcontractors, the CITY shall pay the CONSULTANT the invoiced fee to the CONSULTANT,plus_0 C. Reimbursables not to exceed $3,500 D. The CITY shall make periodic payments to the CONSULTANT based upon actual progress within thirty (30) days after receipt and approval of invoice. Said periodic payments to the CONSULTANT 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 DIRECTOR. Phase 1 Discovery&Program Verification $3,500 completed by October 1, 2012 Master Plan Verification $4,500 completed by November 1, 2012 Preliminary Engineering $22,500 completed by December 15, 2012 Final Engineering $26,000 completed by February 1, 2013 - 2 - 5. INVOICES A. The CONSULTANT shall submit invoices in a format approved by the CITY. Progress reports (2C above)will be included with all payment requests. B. The CONSULTANT shall maintain records showing actual time devoted and cost incurred. The CONSULTANT shall permit the authorized representative of the CITY to inspect and audit all data and records of the CONSULTANT for work done under this Agreement. The CONSULTANT shall make these records available at reasonable times during the Agreement period and for one (1) 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 CONSULTANT. In the event that this Agreement is so terminated, the CONSULTANT 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 CONSULTANT is given a notice to proceed and, unless terminated for cause or pursuant to Paragraph 6, shall be deemed concluded on the date the CITY determines that all of the CONSULTANT'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 this Agreement. 8. NOTICE OF CLAIM If the CONSULTANT wishes to make a claim for additional compensation as a result of action taken by the CITY, the CONSULTANT shall give written notice of his claim within fifteen (15) days after occurrence of such action. No claim for additional compensation shall be valid unless so made. Any changes in the CONSULTANT's fee shall be valid only to the extent that such changes are included in writing signed by the CITY and the CONSULTANT. Regardless of the decision of the DIRECTOR relative to a claim submitted by the CONSULTANT, all work required under this Agreement as determined by the DIRECTOR shall proceed without interruption. 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; - 3 - 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 parry may terminate this Agreement. Notwithstanding the foregoing, or anything else to the contrary in this Agreement, with the sole exception of an action to recover the monies the CITY has agreed to pay to the CONSULTANT pursuant to Paragraph 4 hereof, no action shall be commenced by the CONSULTANT against the CITY for monetary damages. CONSULTANT hereby further waives any and all claims or rights to interest on money claimed to be due pursuant to this Agreement, and waives any and all such rights to interest which it claims it may otherwise be entitled pursuant to law, including, but not limited to, the Local Government Prompt Payment Act (50 ILCS 501/1, et seq.), as amended, or the Illinois Interest Act (815 ILCS 205/1, et seq.), as amended. The parties hereto further agree that any action by the CONSULTANT arising out of this Agreement must be filed within one year of the date the alleged cause of action arose or the same will be time-barred. The provisions of this paragraph shall survive any expiration, completion and/or termination of this Agreement. 10. INDEMNIFICATION To the fullest extent permitted by law, CONSULTANT 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 CONSULTANT in connection herewith, including negligence or omissions of employees or agents of the CONSULTANT 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 CONSULTANT 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 CONSULTANT shall deliver to the DIRECTOR a Certificate of Insurance naming the CITY as additional insured. The policy shall not be modified or terminated without thirty(30) days prior written notice to the DIRECTOR. -4 - The Certificate of Insurance shall include the contractual obligation assumed by the CONSULTANT under Paragraph 10 entitled"Indemnification". This insurance shall be primary and non-contributory 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. 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 bodily injury and/or property damage. 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 CONSULTANT shall carry CONSULTANT's Professional Liability Insurance covering claims resulting from error, omissions or negligent acts with a combined single limit of not less than $1,000,000 per claim. 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 CONSULTANT 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 - 5 - this Agreement and shall be grounds for cancellation, termination 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 CONSULTANT shall remain liable to the CITY with respect to each and every item, condition and other provision hereof to the same extent that the CONSULTANT 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. 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. - 6 - 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 CONSULTANT may not issue any news releases without prior approval from the DIRECTOR, nor will the CONSULTANT 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 CONSULTANT shall cooperate with any other consultants in the CITY'S employ or any work associated with the PROJECT. 24. INTERFERENCE WITH PUBLIC CONTRACTING The CONSULTANT 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. 25. SEXUAL HARASSMENT As a condition of this contract, the CONSULTANT 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; - 7 - G. protection against retaliation as provided by Section 6-101 of the Human Rights Act. A copy of the policies shall be provided by CONSULTANT to the Department of Human Rights upon request 775 ILCS 5/2-105. 26. SUBSTANCE ABUSE PROGRAM. As a condition of this agreement, CONSULTANT 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 Assistant City Manager prior to the entry into and execution of this agreement. 27. WRITTEN COMMUNICATIONS All recommendations and other communications by the CONSULTANT 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 CONSULTANT 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 the CITY: Dave Waden Senior Planner City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 B. As to the CONSULTANT: Paul Wiese SmithGroup JJR 35 East Wacker Drive, Suite 2200 Chicago, Illinois 60601 29. COMPLIANCE WITH LAWS - 8 - Notwithstanding any other provision of this AGREEMENT it is expressly agreed and understood that in connection with the performance of this AGREEMENT that the CONSULTANT 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, CONSULTANT hereby certifies, represents and warrants to the CITY that all CONSULTANT'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. CONSULTANT 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 CONSULTANT to determine CONSULTANT's compliance with the provisions of this paragraph. In the event the CITY proceeds with such an audit the CONSULTANT shall make available to the CITY the CONSULTANT's relevant records at no cost to the CITY. CONSULTANT shall pay any and all costs associated with any such audit. IN WITNESS WHEREOF, the parties hereto have entered into and executed this agreement effective as of the date and year first written above. CITY OF ELGIN: By: Sean Stegall, City Manager Attest: City Clerk CONSULTANT: By: Name/Print: Title: FFA\Legal Dept\Agreement\Consultant Agr-SmithGroup JJR.docx - 9 - ....... .. ...... ........ ........ ......... ................._... Scope of Services ..........-................__................_ ............................_............ ------------ ........................................................... PROJECT UNDERSTANDING the most efficient process for this work to take place. For the purposes of this Scope of Services, "Client"shall This Scope of Services is based upon the"Phase I Site mean the City of Elgin. Development Plan" included in the RFP and includes the program listed below. The construction budget SCOPE OF SERVICES is approximately$900.000. Design is expected to be completed in 2012 followed by bidding and construction Pin.;-=S--- 1, DIS' V t attt' by the end of 2013.. This Scope of Services is for the V'ERIFI �t'."L011Q Master Plan Verification, Preliminary and Final Discovery, Program and Engineering and Permitting phases only and Task 1.1 Background Information assumes the City,of Elgin will take primary responsibility for administering the bidding and construction phases of The Client will provide SGJJR with the following this project. information to assist SGJJR with the project. If any of the following data does not exist in a usable form,SGJJR • 2 soccer fields, irrigated will assist the Client in obtaining the data,or SGJJR will • 1 basketball court contract for the services directly, with the services being • 1 tennis court paid for as a reimbursable expense. • 1 play structure and swings a. Topographic and boundary surveys,including • 1 shelter existing utilities and field tile surveys. • Vehicular access and parking for approximately 20 b. Soil surveys and geotechnical reports. vehicles c. Previous storm water studies. • Trails and walks d. Natural resource,wetland, floodway and floodplain • Stormwater facilities studies, reports, delineations and jurisdictional Landscape determinations. e. Traffic studies and reports. This proposal excludes design and engineering services in f. Local,county and state codes,ordinances and the Plank Road right-of-way,other than a new driveway regulations. for the park. Should Kane County require right-of-way g. Any other related studies or data to assist in the improvements,such as new turn lanes or accelerations/de- acceleration lanes,we will discuss with the City of Elgin 5 � < www.;miti?groupj :.ccm .............................................................................................................................................................................................................................................................................................................................. Scope of Services ....................... .............___.............. ............ ............ .......... ..........-...............­.......... project vision and budget for the project. Task 1.2 Confirm Program- Quantitative Task 1.5 Client Meeting SGJJR will meet with the Client to confirm the new SGJJR will meet with the Client to review and seek input facilities desired by the Client including fields,access and and feedback on the findings of Phase 1. drives,parking,walks and trails,shelters,courts, storm water, landscape and amenities, including budget. This P H!LS E 2 UST 11 PLAIT' R I F 1--ZiZi 0 N is called the program. Much of the program has been identified in the Request For Proposal, but this will be Task 2.1 Site Plan 14erification enhanced with input from SGJJR and our extensive experience of designing and developing similar facilities Based upon the background information provided and and parks. collected,and discussions from Task 1.5, SGJJR will document the preferred Phase 1 Master Plan. These Task 1.3 Confirm Vision - Qualitative documents would consist of rendered and labeled site plans,shelter floor plan and elevation, plus narrative,and SGJJR will meet with the Client to confirm the Client's be suitable for public presentation,i.e. PowerPoint. vision for the project. Vision relates to character,ap- pearance and quality of the property. SGJJR will present Task 2.2 Magnitude of Construction Cost images of similar facilities to the Client and discuss likes and dislikes of each to understand the Client's vision for SGJJR will develop a Magnitude of Construction Cost the property. statement for the preferred plan. The statement will be itemized by site components. Task 1.4 Issues and Opportunities and Program Narrative Task 13 Client Meeting Based upon the findings of the previous tasks, SGJJR will produce an Issues and Opportunities document that SGJJR will meet with the Client to review and seek input summarizes strengths and weaknesses of the property. JJR and feedback on the findings of Phase 2. will also produce a narrative summarizing the program, "A May 8,2012 City of Elgin Proposed Improvements at Jack E look Park ................................................................................................................................................................................................................................................................................................................................ Scope of Services ................................ I.-............................................­­............................... .......... ..........­...........-............... .............. .............. _. T IZEI P'I' Task 3.3 Client Meeting- Task 3.1 Preliminary Engineering Documents SGJJR-- will meet with the Client to review and seek input and feedback on the findings of Phase 3. SGJJR will prepare Preliminary Engineering Documents. These will consist of drawings,calculations and other A- —, N�,TN—, I N' 1) 1 h:,:_'I,,7 information necessary to establish the project. AND PE11', • Site grading and storm water drainage require- Task 4.1 Construction Drawings and Specifications ments. • Site paving for drives,parking,playing courts, Following written approval of the Preliminary Engineer- walks and trails. ing Documents,SGJJR will prepare Final Engineering • Site electrical associated with water pumps and Drawings and Specifications for one bid pack setting forth control of the irrigation system as well as power to in detail the requirements for the construction of the the shelter. Site lighting is excluded. project. • Site irrigation for the 2 soccer field natural turf areas. SGJJR will prepare fully coordinated documents • Shade shelter. conforming to applicable district, municipal, • Basketball and tennis court components including county,state and federal laws, regulations, surfacing and striping,goals,nets and fencing. ordinances and interpretations of same. • Site landscape including turf, native grasses,and o SGJJR will develop,coordinate and complete shade, intermediate and evergreen trees. the technical specifications,which designate Z) all construction materials,systems,qualities, Task 3.2 Statement of Probable Construction Costs workmanship and equipment,using the CSI format. Front End Documents (General and SGJJR will provide a Statement of Probable Construction Supplementary Conditions)will be provided by Costs based on the Preliminary Engineering Documents. the Client but will be incorporated by the SGJJR into the Project Manual. 'A" _9 M iZOVO.', S v,w vi, rr.'.t h r o u oj,�..c c m ................... .....................................................................................................................................-............................................................................................................ .............................. Scope of Services .............--....................................--................................ ..................... ................ ........... ................ ..................... .............. Task 4.2 Statement of Probable Construction Costs ... ....... A final Statement of Probable Construction Costs of the items included on the drawings and in the specifications ........... for one bid pack will be prepared and used for evaluation of competitive bidding. Task 4.3 Permits and Approvals SGJ.TR will prepare and submit permit applications to assist the Client in obtaining the necessary regulatory permits and approvals to proceed with bidding and construction. Development of reports,perspectives or renderings for permits,beyond what will be developed for construction of the project,for the express purpose of regulatory review and approval, is excluded. For this project, anticipated permits and approvals are identified in Tab 3.d. Task-4.4 Client Meeting, SGJJR will meet with the Client to review and seek input and feedback on the findings of Phase 4. PHASE 5 BID AND AWARD By City of Elgin PH/ SE C, CONS TRUCTION A-13TVIINISTRAMON and OBSEIZ\W--,, ]O-N By City of Elgin May 8,2012 City of Elgin Proposed Improvements at Jack E Cook Park M i T H G R 0 U F # J August 3,2012 Re: Project Schedule City of Elgin Jack E. Cook Park SmithGroupJJR, Inc. (SGJJR)proposes the following schedule for delivery of the design and engineering phases for the project. This schedule assumes a Notice To Proceed date of September 1,2012. SCHEDULE Discovery and Program Verification October 1,2012 Master Plan Verification November 1,2012 Preliminary Engineering December 15,2012 Final Engineering February 1,2013 We appreciate this opportunity to provide our services to the City of Elgin on this exciting project. Sincerely, SmithGroupJJR,Inc. U�A/ Paul J.Wiese Vice President