13-81 Resolution No. 13-81
RESOLUTION
AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 1
WITH SMITHGROUP, JJR FOR BIDDING, AWARD, ADMINISTRATION AND
ENGINEERING SERVICES IN CONNECTION WITH THE
REGIONAL PARK PHASE 1 DEVELOPMENT PROJECT
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 amendment agreement no. 1 with SmithGroup JJR on behalf of the City of Elgin.
for bidding, award, administration and engineering services in connection with the Regional Park
Phase 1 Development Project, a copy of which is attached hereto and made a part hereof by
reference.
David J. Kaptain, Mayor
Presented: May 8, 2013
Adopted:
Vote: Yeas Nays:
Recorded:
Attest:
Kimberly A. Dewis, City Clerk
AMENDMENT AGREEMENT No. 1
THIS AMENDMENT AGREEMENT is hereby made and entered into this 8th day of
May , 2013, by and between the City of Elgin, Illinois, a municipal corporation
(hereinafter referred to as the "City"), and SmithGroup JJR, an Illinois professional service
corporation (hereinafter referred to as "Engineer").
WHEREAS, the City and Engineer hereto have previously entered into an agreement dated
August 22, 2012, wherein the City engaged the Engineer to furnish certain professional services
in connection with the Regional Park Phase 1 development (hereinafter referred to as "Subject
Agreement" and the "Project"); and
WHEREAS, the parties hereto have determined it to be in their best interest to amend Original
Agreement; and
WHEREAS, the City has determined that the proposed scope of the PROJECT should be
modified to include the Bidding and Award Phase and the Construction Administration and
Engineering Phase,.
NOW, THEREFORE, for and in consideration of the mutual undertakings as set forth in the
Subject Agreement, and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties hereto agree as follows:
1. Section IB of the Subject Agreement is hereby amended by adding the following to the
end thereof: "The CONSULTANT shall provide Bidding, Award, Administration and
Engineering Services for the PROJECT. A Scope of Services for the additional services
to be provided pursuant to this Amendment Agreement is provided in CONSULTANT'S
letter dated April 3, 2013, and the attachments thereto, attached hereto as Attachment A —
1".
2. Section 4 of the Subject Agreement is hereby amended by adding a new subparagraph E
thereto to read as follows:
E. For services provided by the CONSULTANT pursuant to Amendment Agreement
No. 1 as set forth in Attachment A-1, the CONSULTANT shall be paid a lump sum of
$2,500 for the bidding and award phase and $21,500 for construction administration and
engineering for a total of $24,000 inclusive of all costs and expenses of the
CONSULTANT, regardless of actual costs incurred by the CONSULTANT unless
substantial modifications to the Scope of Work are authorized in writing by the
DIRECTOR and approved by way of written amendment to the Agreement. No
additional services shall be provided nor additional fees or expenses paid unless approved
by way of written amendment to this Agreement.
3. The changes provided to the Subject Agreement as provided in this Amendment
Agreement are germane to the original contract as signed and this Amendment
Agreement is in the best interests of the City of Elgin and is authorized by law.
4. That except as amended in this Amendment Agreement the Subject Agreement shall
remain in full force and effect.
5. That in the event of any conflict between the terms of the Subject Agreement, and the
provisions in this Amendment Agreement, the provisions of this Amendment Agreement
shall control.
IN WITNESS WHEREOF, the undersigned have entered into and executed this Amendment
Agreement as of the date and year first written above.
CITY OF ELGIN CONSULTANT
By: Awe By: p''
City Manager Its President
Attest: Attes
,&birz ice R��iO6-07-
City Clerk Its Secretary OfRC-e DlW-�_
SMITHROUPH
April 3, 2013 ATTACHMENT A-1
Randy Reopelle
Parks and Recreation Director
City of Elgin
100 Symphony Way
Elgin, Illinois 60120
Re: Elgin Jack Cook Park
Proposal —Bidding, Construction Admin and Construction Engineering Services
Dear Randy:
SmithGroupJJR(SGJJR) is pleased to respond to your request for a proposal to complete
consulting services for the bidding and construction phases of Jack Cook Park. Having
completed the preliminary design and final engineering documents, we are very familiar with
the project. We look forward to continuing our work with you on this important project.
This proposal is based upon the attached City of Elgin "Construction Administration and
Construction Engineering Activities"definition of services, provided by the City of Elgin.
SCOPE OF WORK
PHASE A: BIDDING AND AWARD PHASE
Task Al: Addenda
SGJJR will answer questions and prepare addenda to supply additional detail to the
Bid Documents to clarify contradictions or ambiguities.
Task A2: Pre-Bid Meeting
SGJJR will participate in one Pre-Bid meeting.
Task A3: Bid Opening and Recommendation of Award
SGJJR will attend the bid opening, tabulate and review the bids, and check bidder
references. Based upon our review, SGJJR will make a recommendation of award.
PHASE B: CONSTRUCTION PHASE SERVICES
Task B1: Construction Administration and Engineering
In accordance with the attached, with the assumption that construction will
commence July 1, 2013 and be Substantially Complete December 1, 2013. During
this timeframe, Job Meetings and On-Site observation will occur on average 4/month.
SMITHROUP0 April 3, 2013
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SCHEDULE
SGJJR has the capacity to comply with the schedule required by the City of Elgin. This
proposal is based upon the assumption that construction will be Substantially Complete
before December 1; 2013.
REMUNERATION
Labor Fee
C
The following lump sum fees, which include expenses, are based on the above Scope of c
Services.
Bidding and Award Phase $ 2,500 =
Construction Administration and Engineering $ 21,500
z
Total $24,000
z
Extra Services
Services in addition to those described above are to be compensated at the hourly rates noted,
plus related reimbursable expenses, in accordance with the attached Standard Rate Schedule
for the actual hours worked and costs incurred.
We appreciate this opportunity to provide our services to the City of Elgin.
Sincerely,
SmithGroupJJR,Inc.
P'sjNV
Paul J. Wiese
Vice President
CC: M. Dittmann - SGJJR
SMITHGROUPJJR 35 EAST WACKER DRIVE, SUITE 2200,CHICAGO, IL 60601 T 312.641.0770 F 312.641.6728
SMINGROUNR
WAGE RATES BY CLASSIFICATION FOR 2013*
Class Description Billing Rate
Principal In Charge $ 300
Senior Project Manager $ 255
Design Principal $ 230
Architect V $ 230
Architect IV $ 160
Architect III $ 115
Architect II $ 105
Architect $ 90
Interiors V $ 225
Interiors IV $ 155
Interiors III $ 105
Interiors II $ 95
Interiors 1 $ 85
Landscape Architect V $ 215
Landscape Architect IV 5 150
Landscape Architect III $ 115
Landscape Architect II $ 90
Landscape Architect 1 $ 75
Civil Engineer V $ 240
Civil Engineer IV $ 170
Civil Engineer III $ 145
Civil Engineer II $ 115
Civil Engineer 1 $ 90
Sr Lab Planner $ 270
Lab Planner $ 130
Sr Health Planner $ 230
Health Planner $ 130
Specification Writer $ 165
Technical/Administration $ 75
Adminstrative Assistant $ 75
Construction Specialist $ 195
Building Tech Specialist $ 170
BIM CAD Specialist $ 175
Sr Lighting Designer $ 180
Lighting Designer $ 105
Visualization Specialist $ 115
Business Development 5 180
Marketing 5 95
Note: Project managers will be billed at their classification rate.
*Rates will be adjusted annually and be effective January 1,of each year.
CONSTRUCTION ADMINISTRATION
AND
CONSTRUCTION ENGINEERING ACTIVITIES
A. CONSTRUCTION ADMINISTRATION
1. General: The Construction Administrator will serve as the City of Elgin's
representative for the entire construction project as assigned by the City. As such he
will function as an extension of the City's staff and be responsible for overall
implementation and management of the project. The Construction Administrator will
provide all Level 1 management services. These services are defined as-all management
functions and requirements over and above the daily routine project requirements. They
will include implementation of City policies, program administration, coordination and
monitoring of consultants and contractors providing overall management control- and
direction to insure completion of the construction project in accordance with the City's
objectives of cost, time and quality. The Construction Administrator will work closely
with and report to the Director or his designee.
2. Smitic Duties and Responsibilities:
a. Project Control:
Establish and maintain lines of communication, authority, and procedures for
coordination among the City, Director, Design Engineer, Contractors, and
Construction Engineer -as ' needed to carry out the project construction
requirements. Provide a pre-construction video of the entire project.
b. Additional Services:
When required, identifies the need for, and retains professional services of a
sumyDL testing habit stories and other special consultants, and coordinates these
services during their performance.
c. Contract Requirements:
Administrates and monitors for the Director, contractors and other project
consultants, the contractual requirements for items such as insurance, bonds, and
general conformance with governmental regulations, including minority
compliance.
d. Construction Monitoring:
Monitors the work of contractors and construction engineer to insure adequate
quality control of the construction work and compliance with the design drawings,
specifications and other required regulations.
e. Scheduling:
Works with the contractor and Construction Engineer to insure that a workable
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construction schedule is develop' and agreed to by all parties. Provide for
continuous- '(WEEEKI:Y JPDATES)'of the 's-hi dull :aI .-construction
progresses. Identify potential variances between scheduled and probable completion
dates. Review schedule for work completed, not started or incomplete and
recommend to the Director, Construction_Engineer_.and;.contractors;.,adjustments in
the schedule to meet the probable compettfon date. Provide summary reports of
each monitoring and document all vchanges,in;schedule.
Together with.the;Construction Engineer determine the adequacypf.the contractor's
personnel,and•.equipment.and the availabil_ity,.-of materials and..supplies-to meet the
schedule.: Recommend course' s:-of-action to t_he-,Director when_s requirements of a
contract are not.being met.
f. Shop,Drawings: .
Monitor the submittal of all, shop drawings,;catatogcuts,and material:selections
by the contractors, and.-coordinate-timely,approyal.,of.the:,same by.;the Design
Engineer. Review and monitor ion,a continuing,basis.the.delivery status of critical
material and equipment so as to prevent unnecessary delays.
g. Administration: -
Handle all project administrative correspondence including.preparation of all
written -documents,. and correspondence ;requiring= .the,-City:s-,- signature and
authorization: Maintain a,file,ona11 project,;correspondence;and,records to include
daily..constructio_n reports prepared_;by xhe,Design Engineer's.field Construction
Engineer.
c
h. Contractor's Payment:
Review _and .=process-, for,.payment,:.;though the Director, -all-..`applications by
contractors and-design consultants;for,progress•A44-fmahpayments.
i. Change Orders:
Recommend necessary or desirable changesto ;the:Directoru and the Design
v:Engineer,,-,review requests for;changes, and,handle all=,administrative aspects to
include a contractor.. negotiations; .:formal•- preparations;-and submission with
recommendation-to the--Director.:
j. Cost Control:
Monitors all project costs and revises and refines the initially approved changes as
they occur;;and develop_cash,flowreports•arid-forecasts,as needed.a
k. Job Meetings:
Conduct periodic (weekly in general) progress meetings with all,associated parties
to review-construction;,progrgssj-procedures, scheduling; design interpretation,
problem areas and overall coordination.
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1. Reports:
Provide a timely weekly status reporting system to keep the City abreast of all
aspects of the project which will: a) emphasize problem areas to the Director on a
by-exception basis; and b) present solutions for the problems which will enable
management to make decisions on a go-or-no-go basis.
m. Public Information:
Provides advance and current information to the public as necessary and
appropriate. Works with citizens directly impacted by contractor to protect
citizen's interests.
n. Final Completion:
Together with the Design Engineer and Construction Engineer conduct a pre-final
inspection and develop a pre-final inspection and develop a pre-final punchlist for
the contractor. Upon competition of the pre-final punchlist notify the Director that
a final inspection is in order. Attend the final inspection with the Director and
contractors. Advise the Director when all punchlist work resulting from the final
inspection has been completed. Recommend, prepare, and process all final pay
estimates through the Director and insure final invoice is submitted to the Director
within 30 calendar days of the completion date.
o. As-built Drawines:
Review as-built drawings prepared by the Design Engineer to insure adequate
information has been given to facilitate on-going maintenance work by the City.
Coordinate distribution of copies to the City Engineering, Public Works
Operations and Water Divisions as appropriate.
B. CONSTRUCTION ENGINEER
1. General: The Design Engineer may serve as the City's on-site construction
representative for the construction project as the Construction Engineer. He will be
responsible for the general control and field inspection of the construction project and
will provide all Level 2 management services. These services are defined as all
management functions required for day to day control of the project. They will include
field inspection, design interpretation, contract administration and general coordination
and control of the day to day construction activities of the contractor to insure timely
completion and quality construction in strict compliance with contract drawings and
specifications. The Construction Engineer will work closely with and report to the
Construction Administrator.
2. Specific Duties and Responsibilities
a. Liaison and Contract Control:
Assist and provide guidance to the contractors in understanding the intent of the
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contract documents. Serve as the City's representative with the contractors
working principally through the contractor's project engineer and on-site
superintendent. Serve, as the •City's;liaison with _other. local.,Agencies, utility
companies, state agencies,,businesses, etc, keeping them advised of day to day
activities.
b. Review of Work, Rejection of Defective Work, Inspection and Testing:
1) Conduct on-site observations of the work in progress to determine that the
project; is 'proceeding-in;,accordance ;with ,the;,contract. documents and that
completedFwork will conform to-the iequirements!of the-contract.documents.
A .
2) Instruct contractor to correct any work believed to be unsatisfactory, faulty or
defective or does not conform to the requirements,of.the contract:documents, or
does=not.meet the:requireinents of any„irispections, tests or approval required to be
made;:and,advise .Construction.Adriiinistrator`of:Action taken and if any special
testing or inspection will be,required
3) Verify. that.tests, area conducted as-required-by,the`'contract!documents and in
presence:of,the requited.personnel,'and ahatacontractors maintain,adequate record
thereof;,observe,-records and-reportt-to:_Construction Administrator appropriate
details relative to the test procedures.�r ' >.
4) Perform or cause to have performed as applicable;_all.requiredfield tests such as
:concrete:tests, soil,_coinpdction'tests]-and.insure:such tests_are•made by as may be
specified.;Analyze1the re sults of;all:field'and laboratory`:tests'to determine the
t'suitability of materials:tested: e-Unless'the-consultant,hasU corpoiated the Clean
Construction and Demolition Debris-{CCDD)=,into, the,;construction documents,
he/she shall be responsible for all costs to properly meet the requirements of the
law.
5) Accompany visiting inspectors representing public or other agencies having
jurisdiction over.the project;.record the,outcome of these inspections;and_ report to
.Construction.Admiriistrator.
c.. Contractors Suggestions and Requests:
Consider; and evaluate:suggestions and,requests.•for-modifications:ins drawings
and 'specifications which..may .be:,,submitted ;bye.--the..contractor and make
"recommendations to-the Congtruction-.Adininistr-dtor,-,&With-any,tiine--and cost
implications for final decision.
d. Shop Drawings:
1) Review and approve shop drawirigs ;�a d sples,,the :results of;jests and
inspections and other data which any contractor is required to submit, but only for
conformance with the design concept 'of,-thdXprojecti andticompliance_,with the
-,information-.given in the- contract documents: determine the acceptability of
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substitute materials and equipment proposed by contractor(s); and receive and
review (for general content as required by the specifications) maintenance and
operating instructions, schedules, guarantees, bonds and certificates of inspection
which are to be assembled by contractor(s) in accordance with the contract
documents.
2) Record and maintain a shop drawing submittal and approval log and notify
contractor whenever submittals are lacking or untimely.
e. Schedules:
Review construction schedule, schedule of shop drawing submissions and
schedule of values prepared by the contractor. Be alert to the construction
schedule and to the conditions which may cause delay in completion and report
same to the contractor and the Construction Administrator in sufficient time to
make adjustments.
f. Conferences:
1) Attend periodic progress meetings scheduled by the Construction Administrator
with all associated parties to review the overall project status and problems.
2) Arrange a schedule of on-site job work meetings with the general contractor and
sub-contractors to review day to day requirements and problems. Maintain and
circulate copies of minutes thereof.
g. Contract Administration and Records:
1) Handle all day to day contract administration and associated correspondence in
accordance with the established procedures.
2) Maintain at the job site orderly files for correspondence, reports of job
conferences, shop drawings and sample submissions, reproductions of original
contract documents including all addenda, change orders, field orders, additional
drawings issued subsequent to the execution of the contract documents, progress
reports, and other project related documents.
3) Keep a diary or log book, recording contractor's hours on the job site, wether
conditions, data relative to questions of extras or deductions, list of visiting
officials, daily activities, decisions, observations in general and specific
observations in more detail as in the case of observing test procedures.
4) Record names, addresses and telephone numbers of all contractors, sub-
contractors and major suppliers of equipment and materials.
h. Reports:
Furnish Construction Administrator written reports as required of progress of the
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work -and contractor's .compliance with the approved progress schedule and
schedule of shop,drawing submissions.
i. Contractors,Payment Requisition:
Review applications for payment with contractor for compliance with the
established procedure for their submission and forward them with
recommendations to.Construction Administrator, noting particularly their relation
to the schedule of values, work completed and-materials and equipment delivered
to the site.
j. Governmental Policies:
Review-contractor-EEO policies- and other..governmental.•mandated programs to
insure contractor compliance with thei governing,iegulations.
k. Change Orders:
Perform initial evaluation of change orders and submit_same.to Construction
Administrator with recommendation and cost estimate breakdown for final
approval and processing.-. -
1. As-built Drawings:
Maintain;an,accurate=record:of all field.conditions. and upon:completion of the
project insure that the design drawings �are.revise&to show the true as-built
condition.
m. Final-Completion:
1) -Together with the.Construction Administrator conduct,a pie-final inspection and
prepare and give to the contractor-,.a pre-final.-punchlist. Thereafter insure that the
contractor,completes same in an expeditious fashion. Notify the Construction
Administrator in writing when_All-work-is-completed and-readyfor final payment.
2), ,Together,-with the. Construction Administrator conduct,a..final,inspection with
the-.City._Engineer, Public.Works Operations,-and Water Division;as appropriate,
Project Manager and the :general-:contractor.- Prepare-a final, punchlist and
thereafter insure that the contractor completes same in an expeditious fashion.
Notify.the_Construction.Administrator in writing when all work"is'completed and
ready>for final-payment. ° .
s.
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.
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.
S. 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 paint has the right to seek such
administrative, contractual or legal remedies as may be suitable to the violation or breach:
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
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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;
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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 ELGI T
By: �•
Se n Stegall, City Manager
Attest:
ity Clerk
CONSULTANT:
By: (�,J
Name/Print: -J. VJ(&S t�—
Title:
FFAI-egal Dept\Agreement\Consultant Agr-SmithGroup JJR.doca
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Section I
Scope of Services
....................................................................................................................I............... ..............................................I..........................................................................................................................
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 R-FP 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 PHASE 1: DISCOVERY and PROGRAM
by the end of 2013. This Scope of Services is for the VERIFICATION
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
• I basketball court contract for the services directly,with the services being
• I tennis court paid for as a reimbursable expense.
• I play structure and swings a. Topographic and boundary surveys, including
• I shelter existing utilities and field the surveys.
• Vehicular access and parking for 0 approximately 20 b. Soil surveys and geo[echnical 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
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....................................................................................................................................................................................................................................................................................................................................
Section 1
Scope of Services
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PHASE 3: PRELIMINARY ENGINEERING 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 PHASE 4: FINAL ENGINEERING DOCUMENTS
information necessary to establish the project. AND PERMITS
• 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 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.
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ATTACHMENT B
PROJECT SCHEDULE
ELGIN
THE CITY IN THE SUBURBS-
DATE: May 14, 2013
TO: Randy Reopelle, Parks and Recreation Director
FROM: Jennifer Quinton, Deputy City Clerk
SUBJECT: Resolution No. 13-81 Adopted at the May 8, 2013, Council Meeting
Enclosed you will find the agreement listed below. Please distribute this agreement to the other
party and keep a copy for your records if you wish. 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.
• Amendment Agreement No. 1 with SmithGroup, JJR for Bidding, Award,
Administration and Engineering Services in Connection with the Regional Park
Phase 1 Development Project
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