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17-49 Resolution No. 17-49 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 2 WITH SMITHGROUP JJR FOR DESIGN AND ENGINEERING SERVICES IN CONNECTION WITH THE JACK E. COOK PARK PARKING EXPANSION PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute Amendment Agreement No. 2 on behalf of the City of Elgin with SmithGroup JJR for design and engineering services in connection with the Jack E. Cook Park Parking Expansion Project, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: April 12, 2017 Adopted: April 12, 2017 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk AMENDMENT AGREEMENT NO. 2 THIS AMENDMENT AGREEMENT NO. 2 is hereby made and entered into this 12th day of April , 2017, 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 have previously entered into an agreement dated August 22, 2012, where in the City engaged the Engineer to furnish certain professional services in connection with the Regional Park Phase I development (hereinafter referred to as the "Subject Agreement" and the "Project"); and WHEREAS, the City and Engineer have previously entered into Amendment Agreement No. 1 dated May 8, 2013, wherein the parties agreed to add additional services to the scope of work for proposed Project to include the bidding and award phase and the construction administration and engineering phase; and WHEREAS, the City has determined to proceed with Phase 11 improvements to the Subject Jack E. Cook Regional Park for the Engineer to provide additional services relating to the final design,permit coordination,bidding documents and construction administration of the parking lot expansion. NOW, THEREFORE, for and in consideration of the mutual undertakings as set forth in the Subject Agreement, and the mutual undertakings as set forth in this Amendment Agreement No. 2, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledge, the parties hereto agree as follows: 1. Section IB of the Subject Agreement is hereby further amended by adding the following to the end thereof: "The CONSULTANT shall also provide the construction documentation; permitting, bidding and award; and construction phase services for the parking lot expansion portion of the PROJECT. A Scope of Services for the additional services to be provided pursuant to this Amendment Agreement No. 2 is provided in CONSULTANT'S proposal therefore dated _March 14 , 2017, attached hereto as Attachment A-2. The schedule for such additional services is included within Attachment A-2." 2. Section 4 of the Subject Agreement is hereby amended by adding a new subparagraph F thereto to read as follows: "F. For services provided by the CONSULTANT pursuant to Amendment Agreement No. 2 as set forth in Attachment A-2,the CONSULTANT shall be paid a lump sum of$12,000 for the construction phase, $9,500 for the bidding, award and permitting phase and $6,000 for the construction administration and periodic observation phase, for a total of$27,500 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 this 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 No. 2 are germane to the original contract as signed and this Amendment Agreement is in the best interests of the City and is authorized by law. 4. That except as amended in this Amendment Agreement No. 2, and as previously amended by Amendment Agreement No. 1, the Subject Agreement shall remain in full force and effect. 5. That in the event of any conflict between the terms of this Amendment Agreement No. 2, and the terms of the Subject Agreement or Amendment Agreement No. 1, the provisions of this Amendment Agreement No. 2 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 CONTRACTOR By- By: City Manager Its Attest: Attest: City Clerk Its FALegal Dept\Agreement\SmithGroup JJR-Amend Agr#2-3-10-17.docx - 2 - SMITHOROUP0Attachment A-2 March 14, 2017 Maria Cumpata City of Elgin 100 Symphony Way Elgin, Illinois 60120 RE: Scope of Services Jack Cook Park Parking Expansion Dear Maria: On behalf of SmithGroupJJR, Inc.,("SmithGroupJJR")we are pleased to submit this proposal for design and engineering services for the Jack E Cook Park Parking Expansion in Elgin, IL. We have recently completed the Schematic Design and preliminary stormwater management design for this project and are prepared to continue into the next phases. The following is our understanding of the services which are to be provided. UNDERSTANDING OF THE PROJECT The City of Elgin would like SGJJR provide the following services:develop drawings and specifications for Bid and Construction of the Jack E. Cook Park parking lot expansion, based on the attached Exhibit A Schematic Design and stormwater management design, issued on August 2, 2016; Preparation and issuance of stormwater permit documents; provide construction observation services. Proposed designs shall be in compliance with local codes and ordinances. This proposal is based upon a construction budget of$304,000. Exclusions include survey,geotechnical,electrical, and site structural. SCOPE OF SERVICES The following represents our recommended Scope of Work to completing this project within the timeframe and budget available. For purposes of this proposal,"Client'shall mean City of Elgin. A. PHASE 1:CONSTRUCTION DOCUMENTATION Task 1.1 Construction Documents SGJJR will prepare Construction Drawings and Specifications for one bid package setting forth in detail the requirements for the construction of the project. • SGJJR will prepare fully coordinated documents conforming to applicable district, municipal,county, state and federal laws, regulations,ordinances and interpretations of same. • SGJJR will develop,coordinate and complete the technical specifications,which designate all construction materials,systems,qualities,workmanship and equipment, City of Elgin Jack E.Cook Park SmithGroupJJR Elgin, IL LETTER FORM PROPOSAL -1 - 02/06/2017 SMITHOROUPRAttachment A-2 using the CSI format. Front End Documents(General and Supplementary Conditions)will be provided by the Client but will be incorporated by SGJJR into the Project Manual. Task 1.2 Coordination Meetings and Reviews SGJJR will participate in two(2) meetings with the Client during the Construction Documentation Phase for purposes of reviewing the Documents. B. PHASE 2: PERMITTING, BIDDING AND AWARD Task 2.1 Permit Coordination SGJJR will prepare and submit permit applications to assist the Client in obtaining the necessary regulatory permits and approvals. SGJJR services include original submittal to the regulatory agency plus up to one re-submittal based upon agency comments. Additional submittals could be cause for additional compensation, For this project, approval from the following agency is anticipated: • City of Elgin—Stormwater management permit • IEPA—National Pollution Discharge Elimination System Permit Coverage Task 2.2 Bidding: Clarifications SGJJR will answer questions and supply additional detail to the Bid Documents to clarify contradictions or ambiguities and will participate in one Pre-Bid meeting. Task 2.3 Award:Scope Review SGJJR will attend up to one(1)subcontractor scope review meetings related to site development. Bid advertisement,distribution, opening and tabulation by Client. C. PHASE 3: CONSTRUCTION PHASE SERVICES Task 3.1 Construction Administration SGJJR will commence Construction Administration services and responsibilities upon the award to a Contractor of one contract for construction of the project and terminate such services at the end of the Contractor's one-year warranty and guaranty period. • SGJJR will participate in one pre-construction meeting. • SGJJR will promptly monitor and coordinate with the Contractor the timing of submittals; check, note and review Shop Drawings, material samples,and other submissions and proposals of the Contractor(s)for compliance with the working drawings,specifications and design intent. City of Elgin Jack E.Cook Park SmithGroupJJR Elgin, IL LETTER FORM PROPOSAL -2- 02/06/2017 SMITHHOUPMAttachment A-2 • SGJJR will review and check the inspection reports and periodic field test reports and data provided by the Owner's testing and inspection entity. • SGJJR will respond to RFI's submitted by the Contractor and assist in the preparation of bulletins,change orders,and supplemental instructions including clarifications and progress reports when directed by the Client. • SGJJR will review as-builts(prepared by the Contractors)and will deliver them to the Client within thirty days after completion of construction and before final payment is approved for the Contractor. Task 3.2 Periodic Site Observations • SGJJR will make weekly visits to the site during construction when requested by the Client. During the site visits, SGJJR will become generally familiar with the progress and quality of the work and will determine, in general, if the work is proceeding in accordance with the Contract Documents. (Maximum 4 site visits.) • SGJJR will not have control or charge of and will not be responsible for construction means, methods,techniques,sequences or procedures,or for safety precautions and programs in connection with the work,or for the acts or omissions of the Contractor, Subcontractors or any other persons performing any of the work,or for the failure of any of them to carry out the work in accordance with the Contract Documents, unless SGJJR has observed a defect in the work and fails to report the same in writing to the Client,or should have observed the defect in the exercise of the standard of professional care set forth in this agreement. • SGJJR will conduct inspections to determine the date of Substantial Completion of the work by the Contractor,and shall compile a"Punch List"of items that are not in compliance with the Contract Documents. (Maximum 1 site visits) • SGJJR will conduct subsequent inspections to determine that the Contractor has satisfactorily completed all Punch List items,and has otherwise complied with the Contract Documents including, but not limited to,the completion and delivery to SGJJR of all record drawings and all appropriate manuals and written warranties as required by the Contract. (Maximum 1 site visits). • Additional site visits could be cause for additional compensation. ASSUMPTIONS Construction documents for the parking lot expansion will be based on the Schematic Design documents, issued on August 2,2016,approved by the City of Elgin. The City of Elgin will coordinate and acquire a topographic survey of the Phase 1 development area to serve as base information for the proposed Construction Documents. SCHEDULE SGJJR is prepared to proceed with the services outlined in this proposal upon receipt of a signed copy. SGJJR will endeavor to complete the Contract Documents for an Issued for Bid date of Spring 2017,with construction beginning mid-May of 2017 and completion of items by early-August 2017. City of Elgin Jack E.Cook Park SmithGroupJJR Elgin, IL LETTER FORM PROPOSAL -3- 02/06/2017 SMITHOROUNJRAttachment A-2 COMPENSATION or PROFESSIONAL SERVICES FEE The following lump sum fees are based on the Scope of Services, schedule and personnel assigned to the project. SGJJR Labor Fee—Lump Sum Contract Documents: $ 12,000 Bid,Award and Permitting: $ 9,500 Construction Administration and Periodic Observation: 6,000 Total: $ 27,500 ADDITIONAL SERVICES Requests for additional services or staff will be documented by SmithGroupJJR(if given verbally),and the work will commence upon The City of Elgin approval of an estimated fee for that effort or, if not agreed otherwise,The City of Elgin shall reimburse SmithGroupJJR on an hourly basis of SmithGroupJJR's project staff actively engaged for all man hours worked on the project. See attached exhibit A-hourly wage sheet, Attachment: Exhibit'A'—Hourly Wage Sheet Exhibit'B'—SD Exhibit City of Elgin Jack E.Cook Park SmithGroupJJR Elgin, IL LETTER FORM PROPOSAL -4- 02/06/2017 SMITHGROUNA Exhibit WAGE RATES BY CLASSIFICATION FOR 2017* Class Description Billing Rate Principal In Charge $ 290 Senior Project Manager $ 260 Design Principal $ 240 Landscape Architect V $ 210 Landscape Architect IV $ 155 Landscape Architect III $ 125 Landscape Architect II $ 95 Landscape Architect 1 $ 85 Civil Engineer V $ 245 Civil Engineer IV $ 175 Civil Engineer III $ 150 Civil Engineer II $ 120 Civil Engineer 1 $ 95 Specification Writer $ 170 Urban Designer $ 190 Mixed-Use Design Specialist $ 190 Technical/Administration $ 85 Intern $ 80 Adminstrative Assistant $ 85 Construction Specialist $ 190 Building Tech Specialist $ 190 BIM CAD Specialist $ 150 Sr Lighting Designer $ 210 Lighting Designer $ 120 Visualization Specialist $ 135 Business Development $ 200 Marketing $ 120 Note: Project managers will be billed at their classification rate. *Rates are subject to annual review and increase