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HomeMy WebLinkAbout05-103 Resolution No. 05-103 RESOLUTION AUTHORIZING EXECUTION OF A THIRD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH HITCHCOCK DESIGN GROUP FOR DESIGN AND CONSTRUCTION SERVICES FOR THE KIMBALL STREET/LIBRARY RIVERWALK BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Olufemi Folarin,City Manager,and Dolonna Mecum,City Clerk,be and are hereby authorized and directed to execute a Third Amendment to Professional Services Agreement on behalf of the City of Elgin with Hitchcock Design Group for design and construction services for the Kimball Street/Library Riverwalk, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: April 13, 2005 Adopted: April 13, 2005 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk THIRD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT THIS THIRD AMENDMENT AGREEMENT made and entered into this 9 day of AAA IkC H , 2005, by and between the CITY OF ELGIN, ILLINOIS, a municipal corporation (hereinafter referred to as the "City"), and Hitchcock Design Group, an Illinois corporation, (hereinafter referred to as the "Consultant"). WITNESSETH WHEREAS, the City and the Consultant have previously entered into a Professional Services Agreement dated July 1, 2001, wherein Consultant provided to the City certain consulting services regarding the planning, design and engineering services for the Kimball Street Gateway; and WHEREAS, the City and Consultant have previously entered into an amendment to such professional services agreement, with such Amendment Agreement being dated October 8, 2003; and WHEREAS, the City and Consultant previously entered into a second amendment to such professional services agreement, with such Amendment Agreement being dated August 11, 2004; and WHEREAS, the City has determined it to be necessary and desirable to obtain the further assistance of the Consultant to provide continued consulting services regarding the construction phase services related to the construction of the Kimball Street/Library Riverwalk. NOW, THEREFORE, for and inconsideration of the mutual promises and covenants contained herein, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. The Professional Services Agreement between the City and the Consultant dated July 1, 2001, as amended by the Amendment Agreements dated October 8, 2003, and August 11, 2004, are hereby further amended as follows: A. Paragraph 1 entitled "Scope of Work" is further amended by adding an additional paragraph thereto to read as follows: "Consultant shall also perform and direct the necessary qualified personnel to perform the professional services as set forth in the Scope of Services documents entitled "Elgin Riverfront, Kimball Street/Library Riverwalk Phase III Construction Services" consisting of four(4)pages, attached hereto and made a part hereof as Exhibit 1-C. B. Paragraph 2 entitled "Schedule and Term" is further amended by adding an additional paragraph thereto to read as follows: C:\Documents and Settings\munderwood\Local Settings\Temporary Internet Files\OLK231\Hitchcock Third Amendment Kimball Library Riverwalk PSA.doc "The Consultant's responsibility to provide the services in Exhibit I-C shall commence as of March 9, 2005 and shall continue through the completion of the project. C. Paragraph 3 entitled "Fees" is amended by adding subparagraph E thereto to read as follows: "E. Payments for services provided by the Consultant set forth in Exhibit 1-C hereof shall be reimbursed at the hourly rate of its professional and technical personnel as set forth on Exhibit 2 attached hereto and made a part hereof by this reference with the total fees and expenses due to be paid to the Consultant for the services described in Exhibit 1-C not to exceed $40,134.62 regardless of actual time expended or actual costs incurred by the Consultant unless material modifications to the Consultant's Scope of Services are authorized in writing by the City and approved by the City Council." 2. That except as expressly amended herein the terms of the Professional Services Agreement as amended by the Amendment Agreement dated October 8, 2003, and August 11, 2004, between the City and the Consultant dated July 1, 2001, shall remain in effect and shall apply to the additional services to be performed by the Consultant as described in this Amendment Agreement and as set forth in Exhibit 1-C hereto. IN WITNESS WHEREOF, the parties hereto have entered into and executed this amendment agreement on the date and year first written above. CITY OF ELGIN Hitchcock Design Group By: -- - B Olufe Folarin Rick Hitchcock City Ma .: Principal / Attest: , ice; A 44 L __, City Clerk C:\Documents and Settings\munderwood\Local Settings\Temporary Internet Files\OLK231\Hitchcock Third Amendment Kimball Library Riverwalk PSA.doc EXHIBIT 1 - C CONTRACT Amendment C:\Documents and Settings\munderwood\Local Settings\Temporary Internet Files\OLK231\Hitchcock Third Amendment Kimball Library Riverwalk PSA.doc Hitchcock Design Group Silver Anniversary Creating Better Places' 1980—2005 February 2,2005 Mr.Ray Moller Director of Economic Development and Business Services City of Elgin 150 Dexter Court Elgin,IL 60120 RE: Elgin Riverfront,Kimball Street/Library Riverwalk Phase III Construction Services Project#: 03-0524-002-X03-04-08 Dear Ray: Thank you for asking Hitchcock Design Group to submit this proposal for Phase III Construction Services for the Kimball Street/Library Riverwalk project. We genuinely appreciate the opportunity to continue serving the City of Elgin on your riverfront. We understand that a general contractor will manage the construction of the improvements for the Kimball Street/Library Riverwalk project. This differs from previous phases of the riverfront where the City selected a construction manager to manage construction. Our fees reflect this difference. We also understand the City plans on accepting the base bid plus both the crosswalk and canoe portage alternates. The base bid plus other project costs are in line with the project budget of$979,000,but in accepting the alternates additional money will need to be procured to fund the construction of the alternates. Per your request,we are also in the process of revising the bid documents to reflect the re- development of the Old Library site and acquiring revised bid costs from the contractor that reflect these changes. This proposal amends our existing agreement with the City in order to provide important construction phase services for the project. In summary Hitchcock Design Group's construction phase services for Kimball Street/Library Riverwalk includes pre-construction,administrative,observation and contract closeout for the site improvements. The fee estimate provides for 14 site visits plus a substantial and final completion walk-through. Other members of the original team will be called upon,when appropriate,to review work that they designed. Rick will supervise and participate in crucial meetings and I will manage the work of our Urban Design Team. We recommend that the City,in coordination with MIC,contract directly with Terracon or another reputable geotechnical&environmental firm to provide the independent materials and environmental testing that is required during construction. J:\Marketing\07 Existing Clients\500's\0524 Elgin\Kimball St-Library\CPS\proposal 020805 kimball cps blnk.doc 221 West Jefferson Avenue • Naperville, Illinois 60540 • Phone 630.961.1787 • www.hitchcockdesigngroup.com • We propose to provide these construction services described in the attached Scope of Services at our standard hourly rates,plus customary out-of-pocket expenses not to exceed a total of$37,800. An estimate of the hours and fees is included with this proposal. The final construction schedule will be prepared and administered by the General Contractor. We have provided a preliminary schedule for fee estimate purposes only. We will coordinate our services with the General Contractor in order to help advance the work in a timely fashion. Thanks again for the opportunity to serve your community on this important project. Sincerely, Hitchcock Design Group leik eaete Mark E.Underwood Senior Associate cc: Rick Hitchcock&Jennifer Brestal,Hitchcock Design Group Encl: Scope of Services Fee Schedule Scope Of Services CITY OF ELGIN ELGIN RIVERFRONT— KIMBALL STREET/LIBRARY RIVER WALK Phase III-CONSTRUCTION SERVICES Following your authorization,we will provide construction services until Final Acceptance or July 15,2005,whichever comes first. A. Pre-construction Following your selection of a General Contractor(GC),we will: 1. Conduct a pre-construction meeting with you,the GC and contractors to review: a. Contractor mobilization and staging b. Contractor schedules c. Contractor submittals d. responsibilities e. communications f. payment procedures g. other issues as may be appropriate B. Administration During construction,we will: 1. Participate in progress meetings on-site at intervals appropriate to the stage of construction with you,the GC and the Contractors to review: a. progress of the work b. Contractor schedules c. Contractor submittals and requests d. Consultant observations and recommendations 2. Issue opinions of the progress and the general conformance of the GC's work by communicating our observations in writing to both you and the general contractor. 3. Issue interpretations or clarifications of the Contract documents when requested by you or the GC. 4. Prepare recommendations regarding shop drawings,product data and material samples which the CM is required to submit,but only for the limited purpose of determining their general conformance with the design concept and information contained in the Contract Documents. This review does not include: a. the accuracy or thoroughness of details such as quantities,dimensions,weights or gauges, b. the appropriateness of fabrication or installation processes, c. coordination of the work with other trades,or d. safety precautions City of Elgin Elgin Riverfront-Kimball Street Library Riverwalk Page 1 of 2 February 2,2005 5. Prepare recommendations for construction change orders,as requested by: a. you because of a change that you wish to make to the scope of the GC's work b. the GC because of the discovery of job site conditions that were concealed or unknown when the Owner/Contractor Agreement was executed. 6. Prepare recommendations regarding the GC's periodic application for payment. 7. Prepare recommendations regarding the GC's request for acceptance of substantially completed work. C. Observations During construction,we will: 1. Observe the work at intervals appropriate to the stage of construction to become familiarized with the progress and quality of the GC's work and to determine if the work is proceding in general conformance with the contract documents. 2. Review required testing procedures and data provided by independent testing services. D. Contract Close-out Following Substantial Completion of the Work,we will: 1. Review required contract close out submittals provided by the GC,such as but not limited to: a. operating and maintenance manuals b. as-built record drawings c. labor and material lien waivers d. payment applications 2. Based on our observations of the work,prepare a recommendation regarding the GC's request for acceptance of final completion. City of Elgin Elgin Riverfront-Kimball Street Library Riverwalk Page 2 of 2 February 2,2005 MAR.14.2905 4:17PM HITCHCOCK DESIGN GRP NO.730 P.2/2 2005 Bill n RAte5 HITCHCOCK DESIGN GROUP For projects or phases that are invoiced on an hourly basis,we track and invoice time based on the activity performed rather than the salary of the person performing the activity, That way,we are compensated for the value of the service instead of the cost of the service. We track 8 different activities based on the complexity and the experience required to perform each activity. Our 8 current activity rates are: Hourly Rates: Project Leadership $145.00/hr. Project Management $100,00/br. Construction Administration $95,00/hr. Project Planning $90.00/hr, Project Design $85,00/hr. Construction Observation $80.00/br, Project Documentation $60.00/hr. Project Support $55.00/hr. Other Project Expenses: In addition to our standard hourly rates,we invoice authorized suboonsultant,service bureau, travel and reproduction expenses at our cost,plus a 15%mark up. it �,�{OFEtc • `• 7 G'000.-N` ya City of Elgin Agenda Item No. L f . March 4, 2005 N ► TO: Mayor and Members of the City Council ECONOMIC GROWTH FROM: Olufemi Folarin, City Manager Raymond H. Moller, Director o Economic Development SUBJECT: Third Amendment to a Professional Service Agreement with Hitchcock Design Group PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider a third amendment to the contract with the Hitchcock Design Group for design revision and construction services for the Kimball Street/Library Riverwalk RECOMMENDATION It is recommended that the City Council authorize a third amendment to the professional services agreement with Hitchcock Design Group in the amount of$40,134.62 for services related to the Kimball Street/Library Riverwalk. BACKGROUND On August 8, 2001, the City of Elgin entered into an agreement with the Hitchcock Design Group to plan, design, and provide preliminary engineering services for the Kimball Street underpass. The purpose of the underpass was to provide for a safe, efficient, and aesthetic connection between the bike path north of Kimball Street to the newly developed riverfront improvements to the south. It was anticipated that, due to the construction of the new library and the redevelopment of other riverfront property, a need would exist for a safe and convenient pathway to the Center City. The amount of the contract was $108,000. On October 3, 2003, the City Council authorized a $13,290 amendment to the contract with HDG to develop a schematic design and preliminary engineering for a pathway along the riverfront and Kimball Street adjacent to the new public library. This additional effort was required when the decision was made not to proceed with the construction of the Kimball Underpass. r r Hitchcock PSA 3rd Revision River Walk March 4, 2005 Page 2 In July of 2004 the City Council authorized a second amendment to the Hitchcock contract in the amount of $54,000. Under the second amendment HDG developed the final design for the Kimball Street/Library river walk, prepared construction and bid documents. With the proposed bid award to Martam Construction Inc. for the construction of the Kimball Street/Library River walk, additional professional services are required from the Hitchcock Design Group. Following the preparation of the original bid specifications it was determined that the landscape improvements that were planned for a portion of the former Gail Borden Library site located on the south side of Kimball Street, should be excluded from the bid award to Martam. It was determined that the ultimate developer of the old library site should incorporate the landscape area into the overall site plan for the selected development. Additional services were performed by HDG in the amount of$2,334.62 to revise drawings and negotiate with Martam. During the construction phase of the Kimball Street/Library River walk Project, HDG will provide construction phase services. The services include pre-construction services, administration, observation and contract closeout for the project. The fee for the construction services is a not to exceed amount of$37,800. rk The funding requested for the HDG third amendment is $40,134.62. With the approval of the third amendment to the HDG Professional Service Agreement for the Kimball Street/Library River Walk Project, the total contract amount will total $215,424.62. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None 01/A___ FINANCIAL IMPACT The proposed third contract amendment with Hitchcock Design Group totals $40,134.62. There is currently $1,433,790 and $337,851 available (subsequent to approval of Martam Construction's bid of $918,048.50) in the Riverboat Fund, Kimball/Library Riverwalk project (account number 275-0000-791.92-35, project number 039532) to enter into the proposed contract with HDG. WEGAL IMPACT An amendment to the professional service agreement with Hitchcock Design Group for design revisions and construction services would be required. r Hitchcock PSA 3`d Revision River Walk March 4,2005 Page 3 ALTERNATIVES 1. The Council may authorize the third amendment to the HDG professional service agreement. 2. The Council may choose not to authorize the third amendment to the HDG professional service agreement. Respectfully submitted for Council consideration. RHM Attachments r r • e^ Hitchcock Design Group Silver Anniversary Creating 13etter Places" lsao—zoos February 2,2005 Mr. Ray Moller Director of Economic Development and Business Services City of Elgin 150 Dexter Court Elgin, IL 60120 • RE: Elgin Riverfront,Kimball Street/Library Riverwalk Phase III Construction Services Project#: 03-0524-002-X03-04-08 Dear Ray: Thank you for asking Hitchcock Design Group to submit this proposal for Phase IIl Construction Services for the Kimball Street/Library Riverwalk project. We genuinely appreciate the opportunity to continue serving the City of Elgin on your riverfront. We understand that a general.contractor will manage the construction of the improvements for the Kimball Street/Library Riverwalk project. This differs from previous phases of the riverfront where the City selected a construction manager to manage construction. Our fees reflect this difference. We also understand the City plans on accepting the base bid plus both the crosswalk and canoe portage alternates. The base bid plus other project costs are in line with the project budget of$979,000,but in accepting the alternates additional money will need to be procured to fund the construction of the alternates. Per your request,we are also in the process of revising the bid documents to reflect the re- development of the Old Library site and acquiring revised bid costs from the contractor that reflect these changes. This proposal amends our existing agreement with the City in order to provide important construction phase services for the project. In summary Hitchcock Design Group's construction phase services for Kimball Street/Library Riverwalk includes pre-construction,administrative, observation and contract closeout for the site improvements. The fee estimate provides for 14 site visits plus a substantial and final completion walk-through. Other members of the original team will be called upon, when appropriate,to review work that they designed. Rick will supervise and participate in crucial meetings and I will manage the work of our Urban Design Team. We recommend that the City, in coordination with MIC, contract directly with Terracon or another reputable geotechnical & environmental firm to provide the independent materials and environmental testing that is required during construction. J:\Marketing\07 Existing Clients\500's\0524 Elgin\Kimball St-Library\CPS\proposal 020805 kimball cps blnk.doc 221 West Jefferson Avenue • Naperville,Illinois 60540 • Phone 630.961.1787 • www.hitchcockdesigngroup.com - • rikr We propose to provide these construction services described in the attached Scope of Services at our standard hourly rates, plus customary out-of-pocket expenses not to exceed a total of$37,800. An estimate of the hours and fees is included with this proposal. The final construction schedule will be prepared and administered by the General Contractor. We have provided a preliminary schedule for fee estimate purposes only. We will coordinate our services with the General Contractor in order to help advance the work in a timely fashion. Thanks again for the opportunity to serve your community on this important project. Sincerely, Hitchcock Design Group 41/(11# taefe Mark E. Underwood Senior Associate cc: Rick Hitchcock&Jennifer Brestal, Hitchcock Design Group Encl: Scope of Services ribk Fee Schedule • -• - rft- Hitchcock Design Group n Ai n,'. Creating Better Places® Elgin, City of Invoice number 4467 150 Dexter Court Date 1/31/2005 Elgin, IL 60120 Ray Moller Contract: 03-0524-001 Client ID: 0524 Elgin Riverfront Scope of Work: Billing for period ending January 21, 2005 01 Misc Consulting Prof. Services Activity Hours Rate Amount Management 2.50 100.00 250.00 Design 14.50 85.00 1,232.50 Documentation 6.50 60.00 390.00 Prof. Services subtotal 23.50 1,872.50 Service Bureau Activity Cost Mult Amount Reproduction 1.84 1.15 2.12 Service Bureau subtotal 2.12 Consultant Activity Cost Mult Amount Irrigation Consultant 400.00 1.15 460.00 Consultant subtotal 460.00 Item subtotal 2,334.62 Invoice total 2,334.62 .®--- Page 1 of 2 221 W.Jefferson Avenue • Naperville, Illinois 60540 • Phone 630.961.1787 • www.hitchcockdesigngroup.com