HomeMy WebLinkAbout12-78 .
Resolution No. 12-78
RESOLUTION
AUTHORIZING EXECUTION OF AN A tREEMENT WITH
HITCHCOCK DESIGN, INC. F$R THE
RIVERSIDE DRIVE PROMENAD: PROJECT
BE IT RESOLVED BY THE CITY COUNCIL OF T E CITY OF ELGIN, ILLINOIS,that
pursuant to Elgin Municipal Code Section 5.02.020B(9) th, City Council hereby finds that an
exception to the requirements of the procurement ordinance i. necessary and in the best interest of
the city; and
BE IT FURTHER RESOLVED BY THE CITY CO1 CIL 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 with Hitchco•k Design,Inc.for the Riverside Drive
Promenade Project, copy of which is attached hereto and mase a part hereof by reference.
s/Da id J. Ka•tain
Davi• J. Kaptain, Mayor
Presented: April 25, 2012
Adopted: April 25, 2012
Omnibus Vote: Yeas: 5 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
April 11,2012
E"^S :r srth`
• " Mr.Joseph Evers,P.E.
City Engineer
City of Elgin Department of Public Works
1900 Holmes Road
Elgin,IL 60123
RE:Riverside Drive Promenade-Final Design and ngineering Additional Services,
Pre-Construction,ervices,and Construction Services
Dear Joe,
After delays related to funding and permitting,we un•erstand that the City is now ready to move
forward with construction of the Riverside Drive Promenade project. We respectfully submit this
proposal to perform professional services as necessa to move the project forward including
additional services to complete the Final Design and :ngineering,Pre-Construction Services,and
Construction Services.
BACKGROUND
In September 2009 we submitted Construction Docu ents to the City for review that were
considered to be approximately 95 percent complete. At that time our project team along with City
representatives collectively decided not to complete t e documents until funding was secured and
permits were issued. During the period from Septem•er 2009 until present,our work on the project
has more or less been on hold with the exception of coordination with the City regarding the River
Edge Redevelopment Zone grant funding,coordination with the various regulatory agencies as
necessary to secure the required permits,and assistin• the City with the Construction Manager(CM)
selection.
FINAL DESIGN AND ENGINEERING ADDI1 l+ NAL SERVICES
221 W.JeffersonAvenue As work advanced from the Preliminary Design phase o the Final Design and Engineering phase,the
Naperville,Illinois60540 project requirements were defined more clearly and a•ditional services were required that were not
630.961.1787 included in our original Scope of Services. The followi g additional services were performed as part
of the Phase II Final Design and Engineering phase:
hitchcockdesign oup.com
• Environmental Limited Site Investigation(LSI)performed by Terracon based on the results of
the Phase I Environmental Site Assessment(E'A)-(requirements not known prior to the
start of Phase II)
• Hydraulic modeling services performed by He and Associates as required by the Illinois
Department of Natural Resources Office of Wa er Resources(IDNR-OWR). Based on previous
conversations with IDNR-OWR,Hey and Assoc ates was of the understanding that hydraulic
modeling would not be required,but as the d:sign advanced IDNR-OWR requested that the
modeling be completed
• Additional topographic survey of Prairie Stree I performed by V3 Companies which was not
originally part of the project area but added a•an alternate bid item
Although these items are significant,other parts of the project required less effort than originally
anticipated,so we did not need to request additional f:es to complete these additional services
during the course of the work.
As of September 2009 we anticipated that the final sco•e items(revisions based on City comments,
finalization of bid documents,assistance during biddin! and negotiation)would be relatively straight
forward and could be completed within our authorized not-to-exceed fee amount. As it turned out,
ongoing permitting and funding issues caused us to ac rue our entire authorized fees by November
Planning
LandscapeArchitecture 1:1Marketng106BusinessDevelapment&Elgin,CdyARtversldeDriveCCSUtr20120411 wade drive cps.da
•
-• Page 2
2009. Since that time we have accrued additional fee-beyond the authorized total amount to
complete the following services:
• Preparation and participation in a Downtown Neighborhood Association(DNA)public open
house in February 2010
• Additional work and coordination with regul.tory agencies as necessary to secure permits
(all required permits secured in August 2011)
• Coordination with and assistance to the City r-lated to the River Edge Redevelopment Zone
grant funding
• Coordination with and assistance to the City r-lated to the selection of a CM
Please refer to the attached Scope of Services for a mo e detailed description of the work performed.
This work was performed in good faith to keep the pr.sect moving forward with the knowledge of
City staff. We respectfully request compensation fort e work performed to-date.
PRE-CONSTRUCTION SERVICES
Following the City's selection of the CM,our services ill be required during the Pre-Construction
phase to perform the following services:
• Participation in a project kick-off meeting and weekly coordination meetings with City Staff
and the CM
• Coordination with the DNA to prepare a proje t web page and participate in a public open
house scheduled for April 10,2012
• Finalization of the construction documents to address City and jurisdictional agency
comments
• Finalization of the construction documents ba ed on available funding and specific grant
requirements
• Coordination with the Construction Manager io prepare specific bid document packages
and participation during bidding and negotia lion
Please refer to the attached Scope of Services for a mo e detailed description of the work to be
performed.
CONSTRUCTION SERVICES
Although the CM will play a lead role in coordinating t e construction of the improvements,the
services of the consultant team will still be necessary throughout construction. Our role during
construction will be to represent the City's interests to elp achieve the design that was envisioned
and documented in the drawings and specifications. Our work will not duplicate the work of the CM,
but will supplement and compliment the services prov sed by the CM and City Staff. The
construction phase services to be provided include the following items:
• Administration during construction including oarticipation in review meetings,maintaining
a project web page,issuing interpretations,re iewing shop drawings and samples,and
preparing recommendations for change order and payments
• Observation of the work during construction a d issuing design interpretations
ti
Page 3
• Providing contract close-out reviews and rec•mmendations for Substantial Completion and
Final Acceptance
Please refer to the attached Scope of Services for a m.re detailed description of the work to be
performed.
PROFESSIONAL. FEE SUMMARY
We propose to complete the services as outlined abo e and in the attached Scope of Services for the
following professional fees:
Final Design and Engineering Additional Services: $50,902
Pre-Construction Services: $155,883
Construction Services: 292 259
Total Not-to-Exceed Fee: $499,044
The work will be invoiced at our standard hourly rates plus customary out-of-pocket expenses which
are included in the not-to-exceed fee total.
PROJECT TEAM
Our team for the project remains unchanged from pre ious phases;Hey and Associates will provide
hydrological and environmental engineering services; 3 Companies,civil engineering;Walker
Parking Consultants,structural engineering;Primera, :lectrical engineering;and T.J.Emmerich,
irrigation design. I will continue to be our project man.ger under Rick Hitchcock's supervision. Mark
Underwood will continue to be our lead designer and ether members of our Urban Design Studio will
assist as needed.
On behalf of the Hitchcock Design Group team,thank ou again for the opportunity to continue to
work with you on this important addition to the Elgin 'iverfront. We look forward to getting started
following your approval.
Sincerely,
Hitchcock Design Group
•
Tim King,RLA
Principal
cc: Rick Hitchcock,Mark Underwood,Hitchco k Design Group
AGREEMENT
THIS AGREEMENT is made and entered into this 25 day of • pril,2012,by and between the CITY
OF ELGIN,an Illinois municipal corporation(hereinafter refei ed to as"CITY")and HITCHCOCK
DESIGN, INC., AN ILLINOIS CORPORATION (hereinafte I referred to as "CONSULTANT").
WHEREAS,the CITY desires to engage the CONSULTANT is furnish certain professional services
in connection with the public improvements project commonli known as the RIVERSIDE DRIVE
PROMENADE (hereinafter referred to as the PROJECT); an
WHEREAS,the CONSULTANT represents that it is in compl ance with Illinois Statutes relating to
professional registration of individuals and has the necessary e pertise 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 IITY and the CONSULTANT that the
CITY does hereby retain the CONSULTANT for and in cons.deration of the mutual promises and
covenants contained herein,the sufficiency of which is hereby :cknowledged to act for and represent
it in the design and engineering matters involved in the PROJE T 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 th- direction of the City Engineer of the
CITY, herein after referred to as the "DIRECT•R".
B. The work to be performed by the CONSULT' T shall include Final Design and
Engineering Additional Services, Pre-Const ction Services, and Construction
Services as required for the completion of the "ROJECT.
C. A detailed Scope of Services is attached hereto . d made a part hereof as Attachment
A.
2. PROGRESS REPORTS
A. A detailed project schedule for the Project is att:ched hereto and made a part hereof
as Attachment B. Progress will be recorded o the project schedule and submitted
monthly as a component of the Status Report dr scribed in C below.
B. The CONSULTANT will submit to the DIREC OR monthly a status report keyed to
the project schedule.A brief narrative will be provided identifying progress,findings
and outstanding issues.
3. WORK PRODUCTS
All work products prepared by the CONSULTANT purs ant hereto including,but not limited
to, reports, designs, calculations, work drawings, 'tudies, 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 I ONSULTANT may retain copies of
such work products for its records. Such work products : e not intended or represented to be
suitable for reuse by the CITY on any extension to the P"OJECT or on any other project,and
such reuse shall be at the sole risk of the CITY witho t liability or legal exposure to the
CONSULTANT.
4. PAYMENTS TO THE ENGINEER
A. For services provided the CONSULTANT si all be paid at the hourly rate of its
professional and technical personnel as set fort in Attachment C attached hereto and
made a part hereof,with the total fee not to exc-ed$499,044 regardless of the actual
costs incurred by the CONSULTANT unless s i stantial modifications to the scope of
the work are authorized in writing by the D I' I CTOR.
B. For outside services provided by other firms o subconsultants, the CITY shall pay
the CONSULTANT the invoiced fee to the C I NSULTANT subject to a multiple of
1.15 of the invoice amount.
C. Included in the above not to exceed total fee ar- reimbursable out-of-pocket expenses
incurred by the CONSULTANT for deliverabl-s, such as photocopies,large format
prints,digital color output of summary reports, mileage for travel to and from Elgin
or Consultant team offices, and courier servic: when requested by the CITY. Such
reimbursable out-of-pocket expenses that ar- invoiced to the CONSULTANT
through a third party vendor that are subseque tly invoiced to the CITY, are subject
to a multiple of 1.15 of the invoice amount.
D. The CITY shall make periodic payments to the CONSULTANT based upon actual
progress within 30 days after receipt and appro al of invoice. Said periodic payments
to the CONSULTANT shall not exceed the amounts shown in the following
schedule, and full payments for each task s all not be made until the task is
completed and accepted by the DIRECTOR.
Final Design and Engineering Additional Serv.ces: $50,902
Pre-Construction Services: $155,883
Construction Services: $292,259
Total Contract Not-to-Exceed Fee Amount: $499,044
5. INVOICES
A. The CONSULTANT shall submit invoices i a format approved by the CITY.
Progress reports (2D above) will be included w.th all payment requests.
B. The CONSULTANT shall maintain records showing actual time devoted and cost
incurred. The CONSULTANT shall permit t e authorized representative of the
CITY to inspect and audit all data and records o the CONSULTANT for work done
under this Agreement. The CONSULTANT si all make these records available at
reasonable times during the Agreement period, . d for a year after termination of this
Agreement.
6. TERMINATION OF AGREEMENT
Notwithstanding any other provision hereof,the CITY ay terminate this Agreement at any
time upon fifteen(15)days prior written notice to the C I NSULTANT. In the event that this
Agreement is so terminated, the CONSULTANT s i all be paid for services actually
performed and reimbursable expenses actually incurr.d prior to termination, except that
reimbursement shall not exceed the task amounts set fol h under Paragraph 4 above.
- 2 -
7. TERM
This Agreement shall become effective as of the date e CONSULTANT is given a notice to
proceed and,unless terminated for cause or pursuant t i Article 5,shall be deemed concluded
on the date the CITY determines that all of the CONS TANT's work under this Agreement
is completed. A determination of completion shall n.t constitute a waiver of any rights or
claims which the CITY may have or thereafter acquir: with respect to any term or provision
of the Agreement.
8. NOTICE OF CLAIM
If the CONSULTANT wishes to make a claim for as ditional compensation as a result of
action taken by the CITY,the CONSULTANT shall live written notice of his claim within
15 days after occurrence of such action. No claim for .dditional 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 re ative to a claim submitted by the
CONSULTANT,all work required under this Agreem-nt as determined by the DIRECTOR
shall proceed without interruption.
9. BREACH OF CONTRACT
If either party violates or breaches any term of this Agri ement,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 .e suitable to the violation or breach;
and, in addition, if either party,by reason of any defa lt, fails within fifteen (15) days after
notice thereof by the other party to comply with the c.nditions of the Agreement, the other
party may terminate this Agreement. Notwithstandi g the foregoing or anything else to the
contrary in this agreement,with the sole exception oft e monies the CITY has agreed to pay
to the CONSULTANT pursuant to Section 4 hereof, o action shall be commenced by the
CONSULTANT or any other related entity against the CITY for monetary damages.
10. INDEMNIFICATION
To the fullest extent permitted by law,CONSULTANT agrees to and shall indemnify,defend
and hold harmless the CITY, its officers,employees, a.:ents,boards and commissions from
and against any and all claims,suits,judgments,costs, . torneys fees,damages or other relief,
including but not limited to workers compensation c .ims, in any way resulting from or
arising out of negligent actions or omissions of the CO 'SULTANT in connection herewith,
including negligence or omissions of employees or age is of the CONSULTANT arising out
of the performance of this Agreement. In the event .f 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 shah survive any expiration,completion
and/or termination of this Agreement.
11. NO PERSONAL LIABILITY
No official, director, officer, agent or employee of the I ITY shall be charged personally or
held contractually liable under any term or provision o' this Agreement or because of their
execution, approval or attempted execution of this Agri ement.
- 3 -
12. INSURANCE
A. Comprehensive Liability. The CONSULT• 1 T 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 $1,001,000 aggregate for bodily injury and
$1,000,000 aggregate for property damage.
The CONSULTANT shall deliver to the D I' CTOR a Certification of Insurance
naming the CITY as additional insured. T e policy shall not be modified or
terminated without thirty(30) days prior writt:n notice to the DIRECTOR.
The Certificate of Insurance which shall inclu•e Contractual obligation assumed by
the CONSULTANT under Article 10 entitled Indemnification" shall be provided.
This insurance shall apply as primary insuranc:with respect to any other insurance or
self-insurance programs afforded to the CIT . There shall be no endorsement or
modification of this insurance to make it exi ess over other available insurance,
alternatively,if the insurance states that it is ex•ess or prorated,it shall be endorsed to
be primary with respect to the CITY.
B. Comprehensive Automobile Liability. Comprehensive Automobile Liability
Insurance covering all owned,non-owned and ired motor vehicles with limits of not
less than $500,000 per occurrence for damage o property.
C. Combined Single Limit Policy. The require ents for insurance coverage for the
general liability and auto exposures may be et with a combined single limit of
$1,000,000 per occurrence subject to a$1,000,111 aggregate.
D. Professional Liability. The CONSULTAN shall carry Professional Liability
Insurance Covering claims resulting from erroi, omissions or negligent acts with a
combined single limit of not less than $1,000,000 per occurrence. A Certificate of
Insurance shall be submitted to the DIRECTO' as evidence of insurance protection.
The policy shall not be modified or terminated ithout thirty(30)days prior written
notice to the DIRECTOR.
13. CONSTRUCTION MEANS, METHODS, TECHN QUES, SEQUENCES,
PROCEDURES AND SAFETY
The CONSULTANT shall not have control over or ch. •e of and shall not be responsible for
construction means,methods,techniques,sequences or IIrocedures,or for safety precautions
and programs in connection with the construction,unle s specifically identified in the Scope
of Services.
14. NONDISCRIMINATION
In all hiring or employment made possible or resulting f om this Agreement,there shall be no
discrimination against any employee or applicant for e ployment because of sex,age,race,
color,creed,national origin,marital status,of the prese e 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: -mployment advertising, layoff or
termination,rates of pay or other forms of compensation and selection for training,including
apprenticeship.
-4 -
No person shall be denied or subjected to discrimin:tion 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 mi imum age and retirement provisions,
marital status or the presence of any sensory,mental o physical handicap. Any violation of
this provision shall be considered a violation of a mat•rial provision of this Agreement and
shall be grounds for cancellation, termination or su'pension, in whole or in part, of the
Agreement by the CITY.
15. ASSIGNMENT AND SUCCESSORS
This Agreement and each and every portion thereof sh. 1 be binding upon the successors and
the assigns of the parties hereto; provided, howeve 1, 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 .ubject to all the terms,conditions and
other provisions of this Agreement and the CONSUL ANT shall remain liable to the CITY
with respect to each and every item,condition and oth:r provision hereof to the same extent
that the CONSULTANT would have been obligated f it had done the work itself and no
assignment, delegation or subcontract had been mad:. 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 •reate a partnership, joint venture,
employment or other agency relationship between the 9 arties hereto.
18. SEVERABILITY
The parties intend and agreed that,if any paragraph, s b-paragraph,phrase,clause or other
provision of this Agreement, or any portion thereof, s all be held to be void or otherwise
unenforceable, all other portions of this Agreement sh.11 remain in full force and effect.
19. HEADINGS
The headings of the several paragraphs of this Agree I ent are inserted only as a matter of
convenience and for reference and in no way are they in ended to define,limit or describe the
scope of intent of any provision of this Agreement, no shall they be construed to affect in
any manner the terms and provisions hereof or the inte •retation or construction thereof.
20. MODIFICATION OR AMENDMENT
This Agreement and its attachments constitutes the en sire Agreement of the parties on the
subject matter hereof and may not be changed,modifie 9,discharged or extended except by
written amendment duly executed by the parties. Each 'arty agrees that no representations or
warranties shall be binding upon the other party unles expressed in writing herein or in a
duly executed amendment hereof, or change order as h:rein provided.
21. APPLICABLE LAW
This Agreement shall be deemed to have been made in, . d shall be construed in accordance
with the laws of the State of Illinois. Venue for the resolution of any disputes or the
- 5 -
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 relea es without prior approval from the
DIRECTOR, nor will the CONSULTANT make pu lic proposals developed under this
Agreement without prior written approval from the D CTOR prior to said documentation
becoming matters of public record. I
23. COOPERATION WITH OTHER CONSULTAN I S
The CONSULTANT shall cooperate with any other co sultants in the CITY's employ or any
work associated with the PROJECT.
24. INTERFERENCE WITH PUBLIC CONTRACTI G
The CONSULTANT certifies hereby that it is not b. -d from bidding on this contract as a
result of a violation of 720 ILCS 5/33E et seq.or any si l lar state or federal statute regarding
bid rigging.
25. SEXUAL HARASSMENT
As a condition of this contract, the CONSULTANT sl all 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 e amples;
D. the vendor's internal complaint process includi g penalties;
E. the legal recourse,investigative and complaint process available through the Illinois
Department of Human Rights, and the Illinois 1 uman Rights Commission;
F. directions on how to contact the department an p commission;
G. protection against retaliation as provided by Sec ion 6-101 of the Human Rights Act.
A copy of the policies shall be provided by CONSUL ANT to the Department of Human
Rights upon request 775 ILCS 5/2-105.
26. WRITTEN COMMUNICATIONS
All recommendations and other communications by the ONSULTANT to the DIRECTOR
and to other participants which may affect cost or ti e of completion, shall be made or
confirmed in writing. The DIRECTOR may also r:quire other recommendations and
communications by the CONSULTANT be made or coy firmed in writing.
- 6 -
27. NOTICES
All notices, reports and documents required under thi Agreement shall be in writing and
shall be mailed by First Class Mail, postage prepaid, addressed as follows:
11
A. As to CITY:
JOSEPH EVERS, P.E.
City Engineer
City of Elgin
150 Dexter Court
Elgin, Illinois 60120-5555
B. As to CONSULTANT:
TIMOTHY KING, RLA
Hitchcock Design Group
221 West Jefferson Avenue
Naperville, Illinois 60540
28. COMPLIANCE WITH LAWS
Notwithstanding any other provision of this AGRE:MENT it is expressly agreed and
understood that in connection with the performan.e of this AGREEMENT that the
CONSULTANT shall comply with all applicable Feder.1,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 o i employees. Without limiting the
foregoing, CONSULTANT hereby certifies, represent. and warrants to the CITY that all
CONSULTANT's employees and/or agents who will br providing products and/or services
with respect to this AGREEMENT shall be lega residents of the United States.
CONSULTANT shall also at its expense secure all pe 1 'ts 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 provi I ed 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 comi.liance with the provisions of this
section. In the event the CITY proceeds with such an a dit the CONSULTANT shall make
available to the CITY the CONSULTANT's relevan records at no cost to the CITY.
CONSULTANT shall pay any and all costs of any suc audit.
IN WITNESS WHEREOF,the parties hereto have ente -d into and executed this agreement
effective as of the date and year first written above.
FOR THE CITY: FOR T r ; CtN WANT:
By �a By r I'
City anager
Atte t::I // f
City Clerk VV L
F:V_.egal Dept\Agreement\ENGINEERING AGREEMENT-FORM-04-17-08.doc
- 7 -
April 11,2012
I4 City of Elgin,Riverside Drive Promenade
Page 1
Scope of Services Attachment A
FINAL DESIGN AND ENGINEERING ADDITIONAL SERVICES
The following items are additional services that were •erformed during the course of the Final Design
and Engineering phase as required to advance the pr•ject. These services were performed within the
authorized not-to-exceed contract amount and no ad•itional fees are requested for this work.
A. Additional Services(no additional fee request ‘:1)
The following items were performed throughout he Final Design and Engineering phase:
1. Environmental Limited Site Investigation(LSI performed by Terracon based on the results of
the Phase I Environmental Site Assessment(E.A)-These requirements were not known prior
to the start of Phase II.
2. Hydraulic modeling services performed by H-y and Associates as required by the Illinois
Department of Natural Resources Office of W•ter Resources(IDNR-OWR). Hey and Associates
was originally of the understanding that hydr;ulic modeling would not be required by IDNR-
OWR,but as the design has advanced and through further coordination,IDNR-OWR
requested that the modeling be completed.
3. Additional topographic survey of Prairie Stree performed by V3 Companies which was not
originally part of the project area. This area w;s added to the project as an alternate bid
item.
4. Preparation and participation in a public ope house with the Downtown Neighborhood
Association.
B. Additional Services(additional fee requested)
The following items were performed in good faith ith the knowledge of City staff during the
period from November 2009 to present:
1. Preparation and participation in a Downtown eighborhood Association public open house
in February 2010.
2. Additional work and coordination with regula lory agencies from October 2009 until August
of 2011 as necessary to secure permits.
3. Coordination and assistance to the City relate• to the River Edge Redevelopment Zone grant
funding.
4. Coordination and assistance to the City relate• to the selection of a Construction Manager
(CM),including preparation of the CM request or proposals,pre-proposal meetings,
interviews,and contract negotiations.
IRE CONSTRUCTION SERVICES
The following items are services necessary to complete he documents and prepare bid packages for
the Construction Manager's use in bidding and constru tion.
A. Coordination and Public Relations
During the Pre-Construction phase,we will:
1. Participate in a kick off meeting with City staff•nd the CM to:
a. confirm owner,consultant and CM respon ibilities
b. confirm communications procedures
c. confirm permitting and inspection require ents
d. confirm bidding process and required bid•ing documents
HITCHCOCK
DESIGN
GROUP
creatingbete rplaoes
April 11,2012
if A City of Elgin,Riverside Drive Promenade
/51
Page 2
e. confirm how the construction documents will be segregated for bidding
f. review the preliminary construction bidding schedule
2. Participate in weekly coordination meetings with City staff and the CM(13 weeks).
3. Prepare and maintain a project web page.
4. Prepare for and participate in a Downtown Neighborhood Association(DNA)public open
house.
B. Finalize Bid and Construction Documents I
During the Pre-Construction phase,we will:
1. Finalize the construction documents to addr ss City and jurisdictional agency comments.
2. Finalize the construction documents to addr ss specific grant requirements.
3. Coordinate with the CM to finalize the budge ,construction phasing strategies and
schedules.
4. Coordinate with the CM to finalize the selection of materials,systems,and equipment for the
project to be most cost effective.
5. Provide material and quantity information to the CM and coordinate with them as they
prepare a cost estimate for the project.
6. Finalize the documents based on available funding,CM recommendations,and specific grant
requirements including identification of bid alternates and/or phased improvements.
C. Bidding and Negotiation
Following approval of the construction document and construction strategy,we will:
1. Coordinate with the CM to prepare specific bi document sets for the CM's reproduction and
distribution for bidding(6 sets anticipated).
2. Issue written addenda,when appropriate to t CM regarding changes to,or clarifications of
the contract documents. 1
3. Review the bids and the bid tabulation prepay d by the CM and issue recommendations
regarding the construction contract awards.
CONSTRUCTION SERVICES I
Following approval of the construction contracts,the HDG team will provide these Construction
Services until Final Acceptance of the work,or until 60 ays after Substantial Completion of the work,
whichever occurs first.
A. Coordination and Public Relations
During the Construction phase,we will:
1. Communicate with the Downtown Neighborh od Association(DNA)throughout
construction and participate in periodic public nd stakeholder meetings(6 meetings
anticipated).
2. Update and maintain the project web page. 1
HITCHCOCK
DESIGN
GROUP
creating better places
11 April 11,2012
it 4 City of Elgin,Riverside Drive Promenade
Page 3
1
B. Administration and Observations
During construction,we will:
1. Participate in pre-construction meetings(6 anticipated)with City staff,the CM and the
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
2. Participate in weekly progress meetings(38 Weeks)at the site with City staff,the CM and the
Contractors to review:
a. progress of the work
b. Contractor schedules
c. Contractor submittals and requests
d. Consultant observations and recommendations
3. Prepare recommendations regarding shop drawings,product data and material samples
which the Contractors are required to submit li but only for the limited purpose of
determining their general conformance with tlhe design concept and information contained
in the Contract Documents. This review does hot include:
a. the accuracy or thoroughness of details swch 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
4. Observe the work at intervals appropriate to the stage of construction to become
familiarized with the progress and quality of the CM and Contractors'work and to determine
if the work is proceeding in general conformance with the contract documents(twice weekly
visits).
5. Visit nurseries local to the project site with the',Contractor to select certain,specified plant
materials including:
a. shade,ornamental and evergreen trees
b. representative shrubs
6. Issue opinions of the progress and the general conformance of the Contractor's work by
communicating our observations in writing to both City staff and the CM(monthly,9 total).
7. Respond to Requests for Information(RFI's)and issue interpretations or clarifications of the
Contract documents when requested by City s{aff or the CM.
8. Prepare recommendations for construction change orders,as requested by:
a. City staff or the CM because of a change that you wish to make to the scope of the
Contractor's work
b. City staff or the CM because of the discovey of job site conditions that were concealed
or unknown when the Construction agreements were executed
HITCHCOCK
DESIGN
GROUP
creofngbetterploc s
April 11,2012
I City of Elgin,Riverside Drive Promenade
4 e
Page 4
9. Review periodic Applications for Payment prepared by the CM and issue recommendations
for payment.
C. Contract Close-out
To complete construction we will:
1. Coordinate with the CM to review the work a the time of Substantial Completion and
prepare a punch list of items to be complete prior to Final Acceptance.
2. Review required contract close out submittals provided by the CM,including:
a. operating and maintenance manuals
b. as-built record drawings
c. labor and material lien waivers
d. payment applications
3. Based on our observations of the work,prepare a recommendation regarding the CM's
request for Final Acceptance.
GENERAL PROJECT ADMINISTRATION
In addition to the services outlined above,HDG will acl
minister the performance of its own work
throughout the term of the contract by providing the ollowing services:
A. Communications
1. Schedule,create agendas and summarize the highlights of periodic meetings
2. Rehearse,attend and present at public forum identified
3. Collect and disseminate communications fro other parties
4. Periodically inform your representative about our progress
B. Schedules
1. Create,periodically update and distribute the project schedule
2. Coordinate the activities of our staff and our c nsultants
C. Staffing
1. Select and assign staff members and consulta is to appropriate tasks and services
2. Prepare and administer consultant agreemen
D. File Maintenance
1. Establish and maintain appropriate correspon hence,financial,drawing and data files
2. Obtain appropriate insurance certificates from consultants
3. Maintain appropriate time and expense recor.s
OF a IONAL_. ADDITIONAL SET'Aii(:LS
Services or meetings not specified in this scope of servi es will be considered additional services. If
circumstances arise during our performance of the outl ned services that we believe require
additional services,we will promptly notify you about t e nature,extent and probable additional cost
of the additional services,and perform only such additi)nal services following your written
authorization.
HITCHCOCK
DESIGN
GROUP
Creating beite r places
April 11,2012
City of Elgin,Riverside Drive Promenade
ri
e
Page 1
Preliminary Schedule Attachment B
PRE-CONSTRUCT ION SERVICES
A. Coordination and Public Relations
1. Kick off meeting March 1,2012
2. Weekly coordination meetings with City staff and the CM(13 weeks) March-May 2012
3. Prepare project web page April 2012
4. Downtown Neighborhood Association(DNA)public open house April 10,2012
B. Finalize Bid and Construction Documents
1. Finalize the construction documents(City anc agency comments) March-May 2012
2. Finalize the construction documents(grant reuirements) March-May 2012
3. Coordinate with CM(finalize construction ph sing and schedules) March-May 2012
4. Coordinate with CM(finalize materials,syste s,and equipment) March-May 2012
5. Coordinate and provide Information to CM foi cost estimate March-May 2012
6. Finalize documents I May 31,2012
C. Bidding and Negotiation 1
1. Coordinate with the CM to prepare specific bi document sets May-June 2012
2. Issue written addenda to the CM when appro riate May-June 2012
3. Review bid tabulations May-June 2012
CONS1 RUCTION SERVICES I
A. Coordination and Public Relations
1. Participate in public and stakeholder meeting(6 anticipated) June 2012-May 2013
2. Update and maintain the project web page 11 June 2012-May 2013
B. Administration and Observation
1. Participate in pre-construction meetings(6) June 2012-March 2013
2. Participate in weekly progress meetings(38 weks) June 2012-May 2013
3. Review shop drawings,product data and mat rial samples June 2012-September 2013
4. Periodic observations(twice weekly) 1
1 June 2012-May 2013
5. Tag plant material April 2013
6. Issue opinions of progress/quality of the CM a d Contractor's work June 2012-May 2013
7. Issue interpretations or clarifications of the Co tract documents June 2012-May 2013
8. Prepare recommendations for construction ch nge orders June 2012-May 2013
9. Pay application recommendations June 2012-May 2013
C. Contract Close-out
1. Prepare punch list at time of Substantial Completion May 1,2013
2. Review required contract close out submittals May 2013
3. Prepare recommendation at time of Final Acceptance May 31,2013
Under normal circumstances,the Hitchcock Design Group earn prefers to advance the proposed scope of
services in a continuous and timely manner in general con ormance with this preliminary schedule. However,
because of many factors that we cannot control,such as ill ess,third party actions and political
HITCHCOCK considerations,it is impossible for us to guarantee comple ion of these services by a specific date. We will
DESIGN update this schedule,from time to time,as the project adv nces in order to reflect the most recent
information.
GROUP
creatingbetterplaoes
•
4 April 11,2012
ICity of Elgin,Riverside Drive Promenade
Page 1
Standard Billing Rates and Expenses Attachment C
Effective April 1 2011
For projects or phases that are invoiced on an hourly asis,we track and invoice time based on the
activity performed rather than the salary of the perso performing the activity. That way,we are
compensated for the value of the service instead oft e cost of the service. We track eight different
activities based on the complexity and the experienc required to perform each activity. Those
activities and their corresponding billing rates are:
Project Leadership $175.00/h r.
Project Management $130.00/hr.
Construction Administration $115.00/hr.
Project Planning $115.00/hr.
Project Design $105.00/hr.
Construction Observation $100.00/hr.
Project Documentation $80.00/hr.
Project Support $65.00/hr.
Other Project Expenses
In addition to our standard hourly rates,we invoice authorized sub-consultant fees,travel and
reproduction expenses,at 115%of our cost. We will invoice mileage in personal or company-owned
cars at 115%of the current IRS reimbursement rate.
HITCHCOCK
DESIGN
GROUP
creating be tte r places
HITCHCOCK .
DESIGN
GROUP , _
creolinghcttr`rpiocesIII
City of Elgin,Riverside Drive Promenade Attachment C
Professional Fees
April 11,2012
Hitchcock Design Group Fees Consultants Expenses Total
LDR MGT DES DOC SUP CADM COBS sub-total Hey V3 Walker T.J.E. Primera service travel sub-total markup
$175 $130 $105 $80 $65 $115 $100 bureau 15%
A.Coordination and Public Relations
1 Kick off meeting _ 4 4 $ 35
2 Weekly meetings(13 weeks) _ 48 40 88 _$ 25 $ 755
3 Project web page _ 4 2 _ 6
_
4 DNA meeting 6_ 4 6 16 $ 250 $ 30
Sub-total hours 0 58 4 4 2 46 0 114 0 0 0 0 0
Sub-total fee $ - $7,540 $ 420 $ 320 $ 130 $ 5,290 $ - $ 13,700 $ 3,360 $ 7,170 S - $ 9,960 I S 275 I$ 820 I$ 21,585 115 3,238 I I S 38,523 I
B.Finalize Bid and Construction Documents - _
1 City arid Agency comments 16 24 40 _ -
2 Grant requirements 8 8
3 Phasing and schedules 8 8
4 Materials,systems,equipment 8 40 24_ 72 _
5 Provide info for cost estimate 4 4_ 8 _
6 Finalize documents 16 48 48 112 $ 850
Sub-total hours 0 40 _ 108 100 0 0 0 248 0 0 0 0 0
Sub-total fee $ - $5,200 $11,340 $8,000 $ - $ - S - 5 24,540 5 3,800 $ 6,720 $18,272 $ 1,000 $21,284 I$ 850 I$ - LS 51,926 I I$ 7,789 I I S 84,255 I
C.Bidding and Negotiation
1 Prepare bid sets(6) 24, 24 48 _ - $ 1,250
2 Prepare addenda 24 24 $ 25
3 Bid award recommendations 72 12 $ 25
'
Sub-total hours 0 0 0 24_ 0 60 0 84 0 0 0 0 0
Sub-total fee $ - $ - $ - `$1,920 $ - 5 6,900 $ - $ 8,820 ._$ - $12,000 $ 2,933 $ 500 $ 4,384 15 1,300 I$ - l5 21,117 I I$ 3,168 1 I$ 33,105 I
Pre-Construction Services Sub-total: $ 47,060 $ 3,800 I S 22,080 I$28,375 I$ 1,500 I S 35,628 $ 2,425 I S 820 I$ 94,628 II= $155,882
A.Coordination and Public Relations
1 DNA communication,mtgs(6) 40_ _ 40 $ 300 $ 180
2 Update,maintain webpage 40 40 ,
Sub-total hours . 0 0 40_ 0 40 0 80 0 0 0 0 0
Sub-total fee $ - 5 - $ - 5 3,200 $ - $ 4,600 $ - $ 7,800 S - $ - _$ - $ - $ - I$ 300 I$ 180 15 480 I I$ 72 I I$ 8,352 I
B.Administration and Observation
1 Pre-construction meetings(6) 24 24 _ - - $ 210
2 Weekly meetings(38 weeks) 152 152 _ $ 1,140
3 Review shop dwgs/submittals 160 160 _ $ 2,500
4 Periodic observations(2-3 weekly) 392 392 $ 3,590
5 Tagging at nurseries 24 24 $ 300
6 Progress review memos(monthly-9) s 18 18
7 Interpretations/clarifications - 40 _ 40 96 176 _ $ 250
8 Review change orders 24 24 _
9 Review pay requests _ 24 24 _
Sub-total hours 0 0 40 _ 40 0 522 392 994 _ 0 0 0 0 0
Sub-total fee 5 - 5 - 5 4,300 5 3,200 $ - 5 60,030 $ 39,200 $ 106,630 $17,000 $24,480 $55,446 $ 3,750 $27,400 I S 2,750 I$ 5,240 I$136,066 I I$20,410 I I$263,106 I
C.Contract Closeout
1 Substantial completion punch list _ 8 24 32 $ 25 $ 50
2 Review close-out submittals 16 16 $ 25
3 Final acceptance recommendation _ _ 4 4 5 25 $ 50
Sub-total hours 0 0 0 0 0 28 24 52 _ 0 0 0 0 0
Sub-total fee 5 - 5 - 5 - 5 - 5 - 5 3,220 5 2,400 $ 5,620 5 - $ 2,400 $ 4,396 5 750 $ 5,480 LS 75 I$ 166 I$ 13,201 I I$ 1,980 I I$ 20,801 I
Construction Services Sub-total:LS 120,050 LS 17,000 I$26,880 15 59,842 I$ 4,500 I$32,880 $ 3,125 I$ 5,520 I$149,747 MEI $292,259
Project Total $167,110 $20,800 l$48,960 $88,217 $ 6,000 5 68,508 $ 5,550 S 6,340 $244,375 $36,656 $448,141
.
11
(116*—.;..._... v_s's vz ,,W � i !' ?' £,•J' a^ ` rx(yP .. ..U. ELGIN
w�
THE CITY IN THE SUBURBS
AGENDA ITEM: H ;94--c
MEETING DATE: April 11, 2012
ITEM:
Engineering Services Agreement with Hitchcock Design Gro p to Provide Project Coordination
and Assist in the Administration and Observation of the River.ide Promenade
($499,044)
OBJECTIVE:
Provide the engineering oversight and work with the constr ction manager as necessary to re-
move the existing Riverside Deck and construct a new prom:'nade and streetscape along River-
side Drive between Chicago and Prairie Streets.
RECOMMENDATION:
Approve the Engineering Services Agreement with Hitchcock Design Group in the amount of
$499,044.
BACKGROUND
Hitchcock Design Group (HDG) was employed by the city to develop the 1999 Riverfront/City
Master Plan and has been utilized to finalize plans and pro ide construction administration on
several riverfront projects. HDG provided the preliminary engineering and the final engineering
for the Riverside Promenade project. The final designs have been stalled for the last two years
due to permitting issues with the Army Corp of Engineers. ow that the permits have been ac-
quired, HDG will work closely with Illinois Hydraulic Const uction Companies (IHC), the city's
construction manager, to finalize plans, package bid docume is and assist with the bidding.
Once IHC has bid the various portions of the overall Riversid• Promenade project, HDG will pro-
vide assistance to award, review catalog cuts, provide certain inspections or assist IHC with in-
spections and provide project wrap up. Staff has requested !hat HDG develop a new agreement
versus the standard amendment to their existing agreemen (2007) due to the age and to bet-
ter coordinate the IHC and HDG agreements with the funding. The new agreement from HDG is
attached Exhibit A.
1 HDG will coordinate between the city, the various permitting agencies, the engineers and envi-
ronmental personnel subcontracted to HDG; along with IHI, the Downtown Neighborhood As-
sociation and agencies assisting with funding. HDG will fina ize the construction drawings, pre-
pare the final bid documents and coordinate the construct on activities with IHC. HDG will at-
k
1
tend weekly construction meetings, as necessary, and review construction documents received
by IHC and their subcontractors. HDG will review outstanding work, prepare punchlists, review41)
record drawings and prepare recommendations for final approval.
OPERATIONAL ANALYSIS
The attached agreement will provide the city with the engineering services essential to success-
fully complete the construction of the Riverside Promenade. The product the city will strive for
is the same as that found along the various Central Business District streets where streetscape
work has been completed.
A well designed and constructed promenade project will enhance the business atmosphere,
encourage retail visits and alleviate the typical maintenance effort provided by public works for
street repair, sidewalk and curb repairs, utility maintenance and other relative issues for years
to come.
INTERESTED PERSONS CONTACTED
None.
FINANCIAL ANALYSIS
The attached agreement with HDG in the amount of $499,044 will provide the services neces1111)
-
sary to oversee the construction of the promenade project. The city has been awarded
$8,000,000 through the Rivers Edge Redevelopment Zone program and $1,000,000 in appropri-
ations from the Illinois Jobs Now! capital program for the construction of the Riverside Drive
Promenade. The remaining $1,500,000 will be funded with property tax increment generated
within the Central Area TIF district.
BUDGET IMPACT
FUND(S) ACCOUNT(S) PROJECT#(S) AMOUNT AMOUNT
BUDGETED AVAILABLE
Central Area 262-0000-791.92-32 262012 10,500,000 10,500,000
TIF
LEGAL IMPACT
None.
I4! .
2
ALTERNATIVES
eimik
The city council could reject the agreement with Hitchcock Design Group, but doing so would
jeopordize oversight of this significant project and possibly the funds from DCEO and RERZ.
NEXT STEPS
1. Finalize agreements and establish purchase orders.
2. Issue notice to proceed.
3. Begin initial phases of construction.
Originators: Joseph Evers, City Engineer
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. Engineering Services Agreement
P!'
3
EXHIBIT A
RIVERSIDE PROMENADE PROJECT
ENGINEERING SERVICES AGREEMENT WITH
HITCHCOCK DESIGN GROUP
. ,
AGREEMENT
THIS AGREEMENT is made and entered into this 11th day f April, 2012, by and between the
CITY OF ELGIN, an Illinois municipal corporation (herei after referred to as "CITY") and
HITCHCOCK DESIGN GROUP (hereinafter referred to as " ONSULTANT").
WHEREAS,the CITY desires to engage the CONSULTANT t furnish certain professional services
in connection with the RIVERSIDE DRIVE PROMENA E (hereinafter referred to as the
PROJECT); and1
WHEREAS,the CONSULTANT represents that he is in compl ance 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 b low.
NOW,THEREFORE, it is hereby agreed by and between the C ITY and the CONSULTANT that the
CITY does hereby retain the CONSULTANT for and in consi.eration of the mutual promises and
covenants contained herein,the sufficiency of which is hereby .cknowledged to act for and represent
it in the design and engineering matters involved in the PROJE 1 T 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 City Engineer of
the CITY, herein after referred to as the "DI' :CTOR".
B. The work to be performed by the CONSULT.,NT shall include Final Design and
rk Engineering Additional Services, Pre-Cons uction Services, and Construction
Services as required for the completion of the 'ROJECT.
C. A detailed Scope of Services is attached heret. as Attachment A.
2. PROGRESS REPORTS
A. An outline project milestone schedule is provi.ed hereinunder.
B. A detailed project schedule for the Project is included as Attachment B, attached
hereto. Progress will be recorded on the projec I schedule and submitted monthly as a
component of the Status Report described in I below.
C. The CONSULTANT will submit to the DIREC OR monthly a status report keyed to
the project schedule.A brief narrative will be p ovided identifying progress,findings
and outstanding issues.
3. WORK PRODUCTS
All work products prepared by the CONSULTAN pursuant hereto including, but not
limited to,reports, designs, calculations,work drawin_s, studies,photographs,models and
recommendations shall be the property of the CITY an. shall be delivered to the CITY upon
request of the DIRECTOR provided,however,that the ONSULTANT may retain copies of
such work products for its records. Such work product. are not intended or represented to be
suitable for reuse by the CITY on any extension to th- PROJECT or on any other project,
and such reuse shall be at the sole risk of the CITY wi shout liability or legal exposure to the
rib.' CONSULTANT.
A)
4. PAYMENTS TO THE ENGINEER
A. For services provided the CONSULTANT shall be paid at the hourly rate of its
professional and technical personnel as set forth in Attachment C attached hereto,
with the total fee not to exceed $499,044 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 subconsultants, the CITY shall pay
the CONSULTANT the invoiced fee to the CONSULTANT subject to a multiple of
1.15 of the invoice amount.
C. Included in the above not to exceed total fee are reimbursable out-of-pocket expenses
incurred by the CONSULTANT for deliverables,such as photocopies,large format
prints,digital color output of summary reports,mileage for travel to and from Elgin
or Consultant team offices, and courier service when requested by the CITY. Such
reimbursable out-of-pocket expenses that are invoiced to the CONSULTANT
through a third party vendor that are subsequently invoiced to the CITY,are subject
to a multiple of 1.15 of the invoice amount.
D. The CITY shall make periodic payments to the CONSULTANT based upon actual
progress within 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.
Final Design and Engineering Additional Services: $50,902
Pre-Construction Services: $155,883
Construction Services: $292,259
Total Contract Not-to-Exceed Fee Amount: $499,044
5. INVOICES
A. The CONSULTANT shall submit invoices in a format approved by the CITY.
Progress reports (2D 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 a year after termination of
this Agreement.
6. TERMINATION OF AGREEMENT
Notwithstanding any other provision hereof,the CITY may terminate this Agreement at any
time upon fifteen(15)days prior written notice to the 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.
A)
- 2 -
r
7. TERM
This Agreement shall become effective as of the date t e CONSULTANT is given a notice
to proceed and, unless terminated for cause or purs ant to Article 5, shall be deemed
concluded on the date the CITY determines that all of th CONSULTANT's work under this
Agreement is completed. A determination of completio shall not constitute a waiver of any
rights or claims which the CITY may have or thereafter acquire with respect to any term or
provision of the Agreement.
8. NOTICE OF CLAIM
If the CONSULTANT wishes to make a claim for ado itional compensation as a result of
action taken by the CITY,the CONSULTANT shall gi e written notice of his claim within
15 days after occurrence of such action. No claim for a•ditional 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 t e CITY and the CONSULTANT.
Regardless of the decision of the DIRECTOR rel. ive to a claim submitted by the
CONSULTANT,all work required under this Agreeme t as determined by the DIRECTOR
shall proceed without interruption.
9. BREACH OF CONTRACT
If either party violates or breaches any term of this Agre-ment,such violation or breach shall
be deemed to constitute a default, and the other party has the right to seek such
r administrative, contractual or legal remedies as may b- suitable to the violation or breach;
and, in addition, if either party, by reason of any defau t, fails within fifteen(15)days after
notice thereof by the other party to comply with the co ditions of the Agreement,the other
party may terminate this Agreement. Notwithstandi ! the foregoing or anything else to the
contrary in this agreement,with the sole exception of th- monies the CITY has agreed to pay
to the CONSULTANT pursuant to Section 4 hereof,no action shall be commenced by the
CONSULTANT or any other related entity against the CITY for monetary damages.
10. INDEMNIFICATION
To the fullest extent permitted by law, CONSULT'NT agrees to and shall indemnify,
defend and hold harmless the CITY,its officers,emplo ees,agents,boards and commissions
from and against any and all claims, suits,judgments,c.sts,attorneys fees,damages or other
relief, including but not limited to workers compensati.n 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 emplo ees or agents of the CONSULTANT
arising out of the performance of this Agreement. I the event of any action against the
CITY,its officers,employees,agents,boards or commi.sions,covered by the foregoing duty
to indemnify,defend and hold harmless such action sh.11 be defended by legal counsel of the
CITY's choosing. The provisions of this paragraph sh.11 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 .f this Agreement or because of their
execution, approval or attempted execution of this Agreement.
(11.4
- 3 -
A)
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 Certification 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.
The Certificate of Insurance which shall include Contractual obligation assumed by
the CONSULTANT under Article 10 entitled"Indemnification" shall be provided.
This insurance shall apply as primary insurance with respect to any other insurance
or self-insurance programs afforded to the CITY. There shall be no endorsement or
modification of this insurance to make it excess over other available insurance,
alternatively, if the insurance states that it is excess or prorated,it shall be endorsed
to be primary with respect to the CITY.
B. Comprehensive Automobile Liability. Comprehensive Automobile Liability
Insurance covering all owned,non-owned and hired motor vehicles with limits of not
less than $500,000 per occurrence for damage to property.
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 Professional Liability
Insurance Covering claims resulting from error, omissions or negligent acts with a
combined single limit of not less than $1,000,000 per occurrence. A Certificate of
Insurance shall be submitted to the DIRECTOR as evidence of insurance protection.
The policy shall not be modified or terminated without thirty(30)days prior written
notice to the DIRECTOR.
13. CONSTRUCTION MEANS, METHODS, TECHNIQUES, SEQUENCES,
PROCEDURES AND SAFETY
The 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.
4111)
-4 -
1.6'
[ Noerson shall be denied or to discriminat on in receipt of the benefit of any
p subjectedp
services or activities made possible by or resulting fro this Agreement on the grounds of
sex,race,color, creed, national origin,age except mini urn age and retirement provisions,
marital status or the presence of any sensory,mental or hysical handicap. Any violation of
this provision shall be considered a violation of a mater al provision of this Agreement and
shall be grounds for cancellation, termination or susp nsion, in whole or in part, of the
Agreement by the CITY.
15. ASSIGNMENT AND SUCCESSORS
This Agreement and each and every portion thereof shal 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 CONS LTANT shall remain liable to the
CITY with respect to each and every item, condition an. other provision hereof to the same
extent that the CONSULTANT would have been oblig.ted if it had done the work itself and
no assignment,delegation or subcontract had been mad . Any proposed subcontractor shall
require the CITY's advanced written approval.
17. NO CO-PARTNERSHIP OR AGENCY
rik This Agreement shall not be construed so as to c eate a partnership, joint venture,
employment or other agency relationship between the .arties hereto.
18. SEVERABILITY
The parties intend and agreed that, if any paragraph, su s-paragraph,phrase,clause or other
provision of this Agreement, or any portion thereof, s all be held to be void or otherwise
unenforceable, all other portions of this Agreement sh.11 remain in full force and effect.
19. HEADINGS
The headings of the several paragraphs of this Agree ent are inserted only as a matter of
convenience and for reference and in no way are they ntended 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 i terpretation or construction thereof.
20. MODIFICATION OR AMENDMENT
This Agreement and its attachments constitutes the en ire Agreement of the parties on the
subject matter hereof and may not be changed, modifi-d,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 unle.s expressed in writing herein or in a
duly executed amendment hereof, or change order as erein provided.
21. APPLICABLE LAW
This Agreement shall be deemed to have been made in,and shall be construed in accordance
rik with the laws of the State of Illinois. Venue for th; resolution of any disputes or the
- 5 -
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;
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. 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.
- 6 -
rk 27. NOTICES
All notices, reports and documents required under this Agreement shall be in writing and
shall be mailed by First Class Mail, postage prepaid, a dressed as follows:
A. As to CITY:
JOSEPH EVERS, P.E.
City Engineer
City of Elgin
150 Dexter Court
Elgin, Illinois 60120-5555
B. As to CONSULTANT:
TIMOTHY KING,RLA
Hitchcock Design Group
221 West Jefferson Avenue
Naperville, Illinois 60540
28. COMPLIANCE WITH LAWS
Notwithstanding any other provision of this AGRE:MENT it is expressly agreed and
understood that in connection with the performanc- of this AGREEMENT that the
CONSULTANT shall comply with all applicable Feder.1,State,City and other requirements
r of law, including, but not limited to, any applicable requirements regarding prevailing
wages, minimum wage,workplace safety and legal sta us of employees. Without limiting
the foregoing,CONSULTANT hereby certifies,repress nts and warrants to the CITY that all
CONSULTANT's employees and/or agents who will b- 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 pe its and licenses,pay all charges and
fees and give all notices necessary and incident to th. due and lawful prosecution of the
work, and/or the products and/or services to be provi ii ed for in this AGREEMENT. The
CITY shall have the right to audit any records i the possession or control of the
CONSULTANT to determine CONSULTANT's co ipliance with the provisions of this
section. In the event the CITY proceeds with such an . dit the CONSULTANT shall make
available to the CITY the CONSULTANT's relevant ecords at no cost to the CITY.
IN WITNESS WHEREOF,the parties hereto have ent:red into and executed this agreement
effective as of the date and year first written above.
FOR THE CITY: FOR TH CONSULTANT:
By By
City Manager
Attest:
City Clerk
F:\Legal Dept\Agreement\ENGINEERING AGREEMENT-FORM-04-17-08.doc
- 7 -
April 11,2012
tCity of Elgin,Riverside Drive Promenade
—
Page 1
Scope of Services Attachment A
The following items are additional services that were performed during the course of the Final Design
and Engineering phase as required to advance the project. These services were performed within the
authorized not-to-exceed contract amount and no additional fees are requested for this work.
A. Additional Services(no additional fee requested)
The following items were performed throughout the Final Design and Engineering phase:
1. Environmental Limited Site Investigation(LSI)performed by Terracon based on the results of
the Phase I Environmental Site Assessment(ESA)—These requirements were not known prior
to the start of Phase II.
2. Hydraulic modeling services performed by Hey and Associates as required by the Illinois
Department of Natural Resources Office of Water Resources(IDNR-OWR). Hey and Associates
was originally of the understanding that hydraulic modeling would not be required by IDNR-
OWR,but as the design has advanced and through further coordination,IDNR-OWR
requested that the modeling be completed.
3. Additional topographic survey of Prairie Street performed by V3 Companies which was not
originally part of the project area. This area was added to the project as an alternate bid
item.
4. Preparation and participation in a public open house with the Downtown Neighborhood4111)
Association.
B. Additional Services(additional fee requested)
The following items were performed in good faith with the knowledge of City staff during the
period from November 2009 to present:
1. Preparation and participation in a Downtown Neighborhood Association public open house
in February 2010.
2. Additional work and coordination with regulatory agencies from October 2009 until August
of 2011 as necessary to secure permits.
3. Coordination and assistance to the City related to the River Edge Redevelopment Zone grant
funding.
4. Coordination and assistance to the City related to the selection of a Construction Manager
(CM),including preparation of the CM request for proposals,pre-proposal meetings,
interviews,and contract negotiations.
yam., a::
The following items are services necessary to complete the documents and prepare bid packages for
the Construction Manager's use in bidding and construction.
A. Coordination and Public Relations
During the Pre-Construction phase,we will:
1. Participate in a kick off meeting with City staff and the CM to:
a. confirm owner,consultant and CM responsibilities
b. confirm communications procedures
c. confirm permitting and inspection requirements
HITCHCOCK d. confirm bidding process and required bidding documents
DESIGN
GROUP
creating bencrploces
•
April 11,2012
,�'c City of Elgin,Riverside Drive Promenade
< .. Page 2
e. confirm how the construction documents will be segregated for bidding
f. review the preliminary construction bidding schedule
2. Participate in weekly coordination meetings with City staff and the CM(13 weeks).
3. Prepare and maintain a project web page.
4. Prepare for and participate in a Downtown Ne ghborhood Association(DNA)public open
house.
B. Finalize Bid and Construction Documents
During the Pre-Construction phase,we will:
1. Finalize the construction documents to addre•s City and jurisdictional agency comments.
2. Finalize the construction documents to addre•s specific grant requirements.
3. Coordinate with the CM to finalize the budget construction phasing strategies and
schedules.
4. Coordinate with the CM to finalize the selection of materials,systems,and equipment for the
project to be most cost effective.
s. Provide material and quantity information to the CM and coordinate with them as they
prepare a cost estimate for the project.
6. Finalize the documents based on available fu ding,CM recommendations,and specific grant
requirements including identification of bid al ernates and/or phased improvements.
C. Bidding and Negotiation
Following approval of the construction document and construction strategy,we will:
1. Coordinate with the CM to prepare specific bi document sets for the CM's reproduction and
distribution for bidding(6 sets anticipated).
2. Issue written addenda,when appropriate tot e CM regarding changes to,or clarifications of
the contract documents.
3. Review the bids and the bid tabulation prepar-d by the CM and issue recommendations
regarding the construction contract awards.
Following approval of the construction contracts,the DG team will provide these Construction
Services until Final Acceptance of the work,or until 60 mays after Substantial Completion of the work,
whichever occurs first.
A. Coordination and Public Relations
During the Construction phase,we will:
1. Communicate with the Downtown Neighborh•od Association(DNA)throughout
construction and participate in periodic publia and stakeholder meetings(6 meetings
anticipated).
2. Update and maintain the project web page.
r HITCHCOCK
DESIGN
GROUP
creating ✓ .rplaces
is
r�
April 11,2012414)
fe # City of Elgin,Riverside Drive Promenade
5 — Page3
B. Administration and Observations
During construction,we will:
1. Participate in pre-construction meetings(6 anticipated)with City staff,the CM and the
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
2. Participate in weekly progress meetings(38 weeks)at the site with City staff,the CM and the
Contractors to review:
a. progress of the work
b. Contractor schedules
c. Contractor submittals and requests
d. Consultant observations and recommendations
3. Prepare recommendations regarding shop drawings,product data and material samples
which the Contractors are 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
4. Observe the work at intervals appropriate to the stage of construction to become
familiarized with the progress and quality of the CM and Contractors'work and to determine
if the work is proceeding in general conformance with the contract documents(twice weekly
visits).
5. Visit nurseries local to the project site with the Contractor to select certain,specified plant
materials including:
a. shade,ornamental and evergreen trees
b. representative shrubs
6. Issue opinions of the progress and the general conformance of the Contractor's work by
communicating our observations in writing to both City staff and the CM(monthly,9 total).
7. Respond to Requests for Information(RFI's)and issue interpretations or clarifications of the
Contract documents when requested by City staff or the CM.
8. Prepare recommendations for construction change orders,as requested by:
a. City staff or the CM because of a change that you wish to make to the scope of the
Contractor's work
b. City staff or the CM because of the discovery of job site conditions that were concealed
or unknown when the Construction agreements were executed
HITCHCOCK
DES!GN
GROUP
creatingbetterploces
•
April 11,2012
(111 kV 40" City of Elgin,Riverside Drive Promenade
Page 4
9. Review periodic Applications for Payment prepared by the CM and issue recommendations
for payment.
C. Contract Close-out
To complete construction we will:
1. Coordinate with the CM to review the work at he time of Substantial Completion and
prepare a punch list of items to be completed rior to Final Acceptance.
2. Review required contract close out submittals rovided by the CM,including:
a. operating and maintenance manuals
b. as-built record drawings
c. labor and material lien waivers
d. payment applications
3. Based on our observations of the work,prepar a recommendation regarding the CM's
request for Final Acceptance.
•
In addition to the services outlined above,HDG will ad inister the performance of its own work
throughout the term of the contract by providing the f•(lowing services:
A. Communications
1. Schedule,create agendas and summarize the ighlights of periodic meetings
2. Rehearse,attend and present at public forum• identified
3. Collect and disseminate communications fro other parties
4. Periodically inform your representative about our progress
B. Schedules
1. Create,periodically update and distribute the project schedule
2. Coordinate the activities of our staff and our c•nsultants
C. Staffing
1. Select and assign staff members and consulta is to appropriate tasks and services
2. Prepare and administer consultant agreemen s
D. File Maintenance
1. Establish and maintain appropriate correspo dence,financial,drawing and data files
2. Obtain appropriate insurance certificates fro consultants
3. Maintain appropriate time and expense recor•s
Services or meetings not specified in this scope of se ices will be considered additional services. If
circumstances arise during our performance of the ou lined services that we believe require
additional services,we will promptly notify you about he nature,extent and probable additional cost
of the additional services,and perform only such addi ional services following your written
authorization.
HITCHCOCK
GROUP
creating'1n'.'_rplace''s
h
April 11,2012411)
City of Elgin,Riverside Drive Promenade
'+ - Page 1
Preliminary Schedule Attachment B
A. Coordination and Public Relations
1. Kick off meeting March 1,2012
2. Weekly coordination meetings with City staff and the CM(13 weeks) March-May 2012
3. Prepare project web page April 2012
4. Downtown Neighborhood Association(DNA) public open house April 10,2012
B. Finalize Bid and Construction Documents
1. Finalize the construction documents(City and agency comments) March-May 2012
2. Finalize the construction documents(grant requirements) March-May 2012
3. Coordinate with CM(finalize construction phasing and schedules) March-May 2012
4. Coordinate with CM(finalize materials,systems,and equipment) March-May 2012
5. Coordinate and provide Information to CM for cost estimate March-May 2012
6. Finalize documents May 31,2012
C. Bidding and Negotiation
1. Coordinate with the CM to prepare specific bid document sets May-June 2012 Al)
2. Issue written addenda to the CM when appropriate May-June 2012
3. Review bid tabulations May-June 2012
A. Coordination and Public Relations
1. Participate in public and stakeholder meetings(6 anticipated) June 2012-May 2013
2. Update and maintain the project web page June 2012-May 2013
B. Administration and Observation
1. Participate in pre-construction meetings(6) June 2012-March 2013
2. Participate in weekly progress meetings(38 weeks) June 2012-May 2013
3. Review shop drawings,product data and material samples June 2012-September 2013
4. Periodic observations(twice weekly) June 2012-May 2013
5. Tag plant material April 2013
6. Issue opinions of progress/quality of the CM and Contractor's work June 2012-May 2013
7. Issue interpretations or clarifications of the Contract documents June 2012-May 2013
8. Prepare recommendations for construction change orders June 2012-May 2013
9. Pay application recommendations June 2012-May 2013
C. Contract Close-out
1. Prepare punch list at time of Substantial Completion May 1,2013
2. Review required contract close out submittals May 2013
3. Prepare recommendation at time of Final Acceptance May 31,2013
Under normal circumstances,the Hitchcock Design Group team prefers to advance the proposed scope of
services in a continuous and timely manner in general conformance with this preliminary schedule. However,
because of many factors that we cannot control,such as illness,third party actions and political
HITCHCOCKconsiderations,it is impossible for us to guarantee completion of these services by a specific date. We will
DESIGN update this schedule,from time to time,as the project advances in order to reflect the most recent
information.
GROUP
creafingbefferplaces
'S .
, ill
:, ''
, 4_ April 11,2012
, City of Elgin,Riverside Drive Promenade
I = Page 1
Standard Billing Rates and ExpensesAttachment C
Effective April 1,2011
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 th cost of the service. We track eight different
activities based on the complexity and the experience required to perform each activity. Those
activities and their corresponding billing rates are:
Project Leadership $175.00/hr.
Project Management $130.00/hr.
Construction Administration $115.00/hr.
Project Planning $115.00/hr.
Project Design $105.00/hr.
rConstruction Observation $100.00/hr.
Project Documentation $80.00/hr.
Project Support $65.00/hr.
Other Project Expenses
In addition to our standard hourly rates,we invoice authorized sub-consultant fees,travel and
reproduction expenses,at 115%of our cost. We will invoice mileage in personal or company-owned
cars at 115%of the current IRS reimbursement rate.
HITCHCOCK
GROUP
creafingN-ploces
HITCHCOCK
KSIGN' ;?
GROUP '
creafingbs•tic•i place's +`
City of Elgin,Riverside Drive Promenade Attachment C
Professional Fees
April 11,2012
Hitchcock Design Group Fees Consultants Expenses Total
LDR MGT DES DOC SUP CADM COBS sub-total Hey V3 Walker TJ.E. Primera service travel sub-total markup
$175 $130 $105 $80 $65 5115 $100 bureau 15%
A.Coordination and Public Relations
1 Kick off meeting i 4 4 5 35
2 Weekly meetings(13 weeks) - 48_ 40 88 $ 25 $ 755
3 Project web page 4 2 6
4 DNA meeting 6 4 6 16 $ 250 $ 30
Sub-total hours 0_ 58 4 4 2 46 0 114 0 0 0 0 0
Sub-total tee $ - S 7,540 $ 420 $ 320 $ 130 $ 5,290 $ - $ 13,700 $ 3,360 $ 7,170 $ - $ 9,960 I$ 275'$ 820 I$ 21,585 I I$ 3,2381 I S 38,523
B.Finalize Bid and Construction Documents
1 City and Agency comments 16 24 40
2 Grant requirements 8 8
3 Phasing and schedules 8 8
4 Materials,systems,equipment 8 40 24 72
5 Provide info for cost estimate 4 4 a
6 Finalize documents 16 48 48 112 $ 850
Sub-total hours 0 40 108 100 0 0 0 248 0 0 0 0 0
Sub-total fee $ - $5,200 $11,340_$8,000 S _- $ - S - $ 24,540 $ 3,800 S 6,720 $18,272 $ 1,000 $21,284 I s 850 I S - I S 51,926 I I$ 7,789 I I S 84,255 I
C.Bidding and Negotiation
1 Prepare bid sets(6) 24 24 48 5 1,250
2 Prepare addenda 24 24 S 25
3 Bid award recommendations 12 12 $ 25
Sub-total hours 0 0 0 24 0 60 0 84 0 0 0 0 0
Sub-total fee $ - S - $ - S 1,920 S - S 6,900 $ - $ 8,820 $ - $12,000 S 2,933 $ 500 $ 4,384 15 1,300 I$ - I$ 21,117 I I$ 3,168 I I S 33,105 I
Pre-Construction Services Sub-total:I$ 47,060 I $ 3,800 I$22,080 I$26,375 I$ 1,500 15 35,628 5 2,425 I S 820 I$ 94,628 $14,194 $155,882
A.Coordination and Public Relations
1 DNA communication,mtgs(61 40 40 s 300 $ 180
2 Update,maintain webpage 40 40
Sub-total hours 0 0 0 40 0 40 0 i 80 0 0 0 0 0
Sub-total fee $ - $ - S - 53,200 $ - $ 4,600 $ - $ 7,800 $ - s - $ - $ - S - I$ 300I$ 180I S 480 I I S 72 I I$ 8,352 I
B.Administration and Observation
1 Pre-construction meetings(6) 24 24 $ 210
2 Weekly meetings(38 weeks) 152 152 $ 1,140
3 Review shop dwgs/submittals 160 160 $ 2,500
4 Periodic observations(2-3 weekly) 392 392 $ 3,590
5 Tagging at nurseries 24 24 $ 300
6 Progress review memos(monthly-9) 18 18
7 Interpretations/clarifications 40 40 96 176 $ 250
8 Review change orders 24 24
9 Review pay requests 24 24
Sub-total hours 0 0 40 40 0 522 392 994 0 0 0 0 0
Sub-total fee 5 - 5 - $ 4,200 $ 3,200 $ - $ 60,030 5 39,200 5 106,630 $17,000 $24,480 $55,446 $ 3,750 $27,400 I$ 2,750 I$ 5,240 I$136,066 I I$20,410 I I$263,106
C.Contract Closeout
1 Substantial completion punch list 8 24_ 32 5 25 S 50
2 Review close-out submittals 16 16 $ 25
3 Final acceptance recommendation 4 4 5 25 $ 50
•
Sub-total hours 0 0 0 0 0 28 24 52 0 0 0 0 0
Sub-total fee $ - $ - $ - $ - 5 - $ 3.220 $ 2,400,$ 5,620 $ - $ 2,400 $ 4,396 $ 750 $ 5,480 I S 75 I$ 100 I$ 13,201 I I$ 1,980 I I$ 20,801 I
Construction Services Sub-total: $120,050 5 17,000 1 S 26,880 I$59,842 I$ 4,500 j$32,880 $ 3,125 1$ 5,520 15 149,747 $22,462 $292,259
f
,
Project Total $167,110 $20,800 $48,960 5 88,217 $ 6,000 $68,508 $ 5,550 $ 6,340 $244,375 $36,656 $448,1414410)
ilivie •.
a
. ...
:: ,
ELGIN
THE CITY IN THE SUBURBS"
DATE: May 9, 2012
TO: Joe Evers, City Engineer
FROM: Jennifer Quinton, Deputy City Clerk
SUBJECT: Resolution No. 12-78 Adopted at the April 25, 2012, 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 ha e any questions please feel free to
contact our office 847-931-5660 and we will do our best to a sist you. Thank you.
• Agreement with Hitchcock Design, Inc. for the Riveride Drive Promenade
Project
w �