01-152 ( Resolution No. 01-152
RESOLUTION
AUTHORIZING EXECUTION OF AN AMENDMENT TO PROFESSIONAL SERVICES
AGREEMENT WITH HITCHCOCK DESIGN GROUP FOR THE
RIVERFRONT IMPROVEMENT P tOJECT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Joyce A. Parker, City Manager, and Dolonna Mecum,
City Clerk, be and are hereby authorized and directed to execute
an Amendment to Professional Services Agreement on behalf of the
City of Elgin with Hitchcock Design roup for professional
services for the Walton Island Project, Civic Center Shoreline
Project and Overlook Project, a copy of which is attached hereto
and made a part hereof by reference .
s/ Ed Schdck
Ed Schock, Mayor
Presented: June 13, 2001
Adopted: June 13, 2001
Omnibus Vote : Yeas 6 Nays 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk .
i
RAGREE/HITCHCOC .AM
DRAFT 5/15/01
AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS AMENDNENT AGREEMENT made and entered into this /SVFday
of Z-U/l/a , 2001, by and between the CITY OF ELGIN,
ILLINOIS, a municipal corporation (herein fter referred to as
the "City" ) , and HITCHCOCK DESIGN ROUP, an Illinois
corporation (hereinafter referred to as "C nsultant" ) .
WITNESSETH
WHEREAS, the City and the Consultant hav previously entered
into a Professional Services Agreement ated September 29,
2000, wherein Consultant provided to the City certain planning
and design services for specified city projects including
three initial Riverfront improvements projects consisting of
the Walton Island Project, the Civic Center Shoreline Project
and the Overlook Project; and
WHEREAS, the City has determined it t be necessary and
desirable to obtain the further assistan e of the Consultant
to provide construction services fo such riverfront
improvement projects; and
WHEREAS, the Consultant is experienced in providing such
construction services for riverfront reievelopment projects
and desires to render the professional co sultant services to
the City.
NOW, THEREFORE, for and in consideration of the mutual
promises and covenants contained herei , the receipt and
sufficiency of which is hereby acknow edged, the parties
hereto agree as follows :
1 . The Professional Services Agreement oetween the City and
the Consultant dated September 29, 2000, is hereby
amended as follows :
A. Paragraph 1 entitled "Scope of Work" is amended
by adding an additional paragraph thereto to read as
follows :
"Consultant shall also perform and direct the
necessary qualified personnel o perform the
professional services for the Walton Island,
Civic Center Shoreline and Overlook Projects as
set forth in the Scope of Se vices Document
entitled "Phase III - Construeion Services" ,
consisting of two pages, attac ed hereto and
made a part hereof as Exhibit 1-A. All work
hereunder shall be perform d under the
direction of the City Manager f the City and
the Director of Economic Development and
Business Services of the City. onsultant shall
be entitled to rely upon th accuracy and
completeness of information and reports
furnished by the City. "
B . Paragraph 2 entitled "Tim Schedule and Term"
is amended by adding an additional aragraph thereto to
read as follows :
"The Consultant ' s responsibilit to provide the
services in Exhibit 1-A shall c mmence with the
award of the contract fo construction
management services and shall continue until
final acceptance of the work or sixty (60) days
after the date of substantial c mpletion of the
work, whichever occurs first . "
C. Paragraph 3 entitled "Fes" is amended by
adding subparagraph D thereof to read as follows :
"D. Payments for services p ovided by the
Consultant set forth in Exh bit 1-A hereof
shall be reimbursed at the hou' ly rate of its
professional and technical pe' sonnel as set
forth on Exhibit 5-A attached h-reto and made a
part hereof by this reference, with the total
fees and expenses to be paid te the Consultant
for the services described in Exhibit 1-A not
to exceed $193 , 960 . 00 regardles•. of actual time
expended or actual costs i curred by the
Consultant unless material modifications to
Consultant ' s Scope of Services are authorized
in writing by the City and approved by the City
Council . Consultant ' s time an. cost estimates
for the various aspects of the services to be
performed in Exhibit 1-A is set forth in
Exhibit 6-A attached hereto a d made a part
hereof by this reference . "
D. New paragraphs 31, 32 , 3 and 34 are hereby
added to the Professional Services greement to read as
follows :
"31 . Job Site Responsibility.
The Consultant shall not have control over or
charge of and shall not be responsible for
construction means, method , techniques,
sequences or procedures, Or for safety
precautions and programs in connection with the
Work, since these are solely the Contractor' s
-2-
, .
. ,
I
responsibility under the Contract for
Construction. The Consultant 'I shall not be
responsible for the Contractor ' s schedules or
failure to carry out the Work in accordance
with the Contract Documents . The Consultant
shall not have control over or charge of acts
of omissions of the Contractor, 1Subcontractors,
or their agents or employees, Or of any other
persons performing portions of the Work.
32 . Contractor Payment Recommendations .
1
A. Based on the Consultant ' s
observations and evaluations of the
Contractor' s Applications fori Payment , the
Consultant shall review and make
recommendations regarding the mounts due the
Contractor.
B . The Consultant ' s recommendation for
payment constitutes a representation to the
City, based on the Consultant ' s observations at
the site, and on the data comprising the
Contractor ' s Application for Payment, that the
Work has progressed to the poi4t indicated and
that , to the best of th, Consultant ' s
knowledge, information and belief, the quality
of the Work is generally in substantial
conformance with the Contract Documents . The
foregoing representations are subject to an
evaluation of the Work for conformance with the
Contract Documents upon Substantial Completion,
to results of subsequent tests nd inspections,
to minor deviations from the Co tract Documents
correctable prior to completion and to specific
qualification expressed by the Consultant . The
issuance of a recommendation fdr payment shall
further constitute a representation that the
Contractor is entitled to payment in the amount
specified. However, the issuance of a
recommendation for payment shall not be
representation that the consultant has (1)
made exhaustive or contnuous on-site
inspections to check the qualiti or quantity of
the Work, (2) reviewed cons ruction means,
methods, techniques, sequences or procedures,
(3) reviewed copies of requiitions received
from Subcontractors and material suppliers and
other data requested by the City to
substantiate the Contractor ' s i1ight to payment
or (4) ascertain how or for hat purpose the
Contractor has used money pre iously paid on
account of the Contract Sum.
-3 -
33 . Rejection of Contractor ' s Wbrk.
The Consultant shall have authority to reject
Work, which does not conform o the Contract
Documents . Whenever the Cons ltant considers
it necessary or advisable for i plementation of
the intent of the Contract Documents, the
Consultant will have authority to require
additional inspection or testing of the Work in
accordance with the provisions of the Contract
Documents, whether or not such Work is
fabricated, installed or compl-ted. However,
neither this authority of the consultant nor a
decision made in good faith either to exercise
or not to exercise such authomity shall give
rise to a duty or respons bility of the
Consultant to the Contractor, Subcontractors,
material and equipment supplies, their agents
or employees or other per-.ons performing
portions of the Work.
34 . Shop Drawings, Product Dat and Samples .
The Consultant shall review and approve or take
other appropriate action upon Contractor ' s
submittals such as Shop Drawings, Product Data
Samples, but only for the li ited purpose of
checking for conformance with ii formation given
and the design concept ex.ressed in the
Contract Documents . The Con-.ultant ' s action
shall be taken with such reasonable promptness,
while allowing sufficient time in the
Consultant ' s professional jud•ment to permit
adequate review. Review of su, h submittals is
not conducted to confirm details such as
dimensions and quantities or for substantiating
instructions for installation ol performance of
equipment or systems des gned by the
Contractor, all of whic remain the
responsibility of the Contractor to the extent
required by the Contract Documents . The
Consultant ' s review shall not constitute
approval of safety preca tions or of
construction means, method•. , techniques,
sequences or procedures . he Consultant ' s
approval of a specific item shell not indicate
approval of an assembly of whi4h the item is a
component . When professional certification of
performance characteristics of materials,
systems or equipment is required by the
Contract Documents, the Cons ltant shall be
entitled to rely upon such certification to
establish that the materials, systems or
-4-
equipment will meet the performance criteria
required by the Contract Documents .
35 . Contract Document Interpretations .
A. Interpretations and d cisions of the
Consultant shall be consistent ith the intent
of and reasonably inferable fr m the Contract
Documents and shall be in writing or in the
form of drawings . When making such
interpretations and initial (decisions, the
Consultant shall endeavor to ecure faithful
performance by both City and C ntractor, shall
not show partiality to either, and shall not be
liable for results of interpretations or
decisions so rendered in good faith.
B . The Consultant ' s deci ions on matters
relating to aesthetic effect shall be in the
best interests of the City if consistent with
the intent expressed in the Contract Documents .
C. The Consultant shall ) render written
decisions within a reasonable time on all
claims, disputes or other matters in questions
between the City and Contractor relating to the
execution or progress of the Work as provided
in the Contract Documents . "
2 . That except as expressly amended her in the terms of
the Professional Services Agreement etween the City
and the Consultant dated September 29, 2000 , shall
remain in effect and shall apply t the additional
services to be performed by the Consultant as
described in this Amendment Agree ent and as set
forth in Exhibit 1-A hereto.
IN WITNESS WHEREOF, the parties heretoave entered into and
executed this agreement on the date an year first written
above .
CITY OF ELGIN HITC.COCK DESIGN GROUP
L
''
By /� la. /2L----hBy_/
•yc A. Parker Richar. G. Hitch ock
City Manager President
Attest :
t4"1:).-74-1^-62 /7/1 .!4-61...--
City Clerk
-5-
SCOPE OF SERVICES
....__ -
0 .
•
Basic Services
PHASE III- CONSTRUCTION SERVICES
A. Pre-construction .
Following your selection of a Construction Manager(CM), e will:
1. Conduct a construction phase kick off meeting with you and the CM to:
a. confirm owner,consultant and CM responsibilities
b. confirm communications procedures _
• c. confirm permitting and inspection requirements
d. confirm bidding process and required bidding doc ents
e. confirm how the construction documents will be se egated for bidding
f. review the preliminary construction bidding schedul
2. Assemble one set of contract documents tailored for eac bidding for the CM's reproduction and
distribution.
3. Recommend reputable contractors to invite to submit bias.
4. Participate in a pre-bid meeting for interested bidders.
5. Issue written addenda, when appropriate to the CM regarding changes to, or clarifications of the
contract documents .
6. Review the bids and the bid tabulation prepared by the CM and issue recommendations regarding
the contract awards
8. Conduct a pre-construction meeting with you,the CM aid 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
B. Administration
During construction, we will:
1. Participate in weekly progress meetings at the site with you, the CM and the Contractors to
review:
a. progress of the work
b. Contractor schedules
c. Contractor submittalsand requests
d. Consultant observations and recommendations
EXHIBIT 1—A
Segment 1,Phase III Construction Services 1 03/21/01
•
2. Issue opinions of the progress and the general conformance of the CM and Contractor's work by
communicating our observations in writing to both you and the CM.
3, Issue interpretations or clarifications of the Contract douments when requested by you or the
CM.
• 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 qua tities, dimensions, weights or gauges,
b. the appropriateness of fabrication or installation pr cesses,
c. coordination of the work with other trades, or
d. safety precautions
5. Prepare recommendations for construction change orde s, as requested by:
a. you because of a change that you wish to make tote scope of the CM or Contractor's work
b. the CM because of the discovery of job site conditi ns that were concealed or unknown
when the Owner/CM Agreement was executed.
6. Prepare recommendations regarding the CM's periodic pplication for payment.
7. Prepare recommendations regarding the CM's request r acceptance of substantially completed
work.
• C. Observations.
During construction,we will:
1. Observe the work at intervals appropriate to the stage o construction to become familiarized
with the progress and quality of the CM and Contractor ' work and to determine if the work is
• proceding in general conformance with the contract do uments.
2. Review required testing procedures and data provided y independent testing services.
3. Visit nurseries local,to the project site with the Contrac or to select certain,specified plant
materials including,but not limited to:
a. shade, ornamental and evergreen trees
b. representative shrubs
D. Contract Close-out
Following Substantial Completion of the Work, we will:
1. Review required contract close out submittals provided by the CM, 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 recq... endation regarding the CM's request
• for acceptance of final completion.
Segment 1,_Phase III Construction Services 2 03/21/01
' MAY.25.2001 12:49PM HITCHCOCK DESIGN GRP N0.452 P.1/2
20 Billing Rates
xl}efilthCI'0 ;.ItouP
Design Group
Creating Better 0laces4m
!
!
For projects or phases that are invoiced on an hourly basis,we track d invoice time based on the
activity performed rathl than the salary of the person performing th activity. That way,we are
compensated for the va Ikre of the service instead of the cost of the s 'ce, We track 7 different activities
based on the complexit: and the experience required to perform eac activity. Our 7 current activity rates
are:
Project Leadership $130,00/hr.
Project Management $90.00/hr.
Project Planning $80.00/hr,
Project Design $75.00/hr.
Construction Observation $65.00/hr.
Project Documentation $50.00/hr.
Projecii Support 550.00/hr.
1
Our rates include the cost of labor,overhead,incidental project expe es and profit. In addition to our
standard hourly rates,wod invoice authorized sub-consultant,, service ureau(reroduction and delivery
services,etc),travel and other extraordinary project expenses at our ost,plus a 15%markup,
I I
.--
221 W.JeffeNon Avenyo • Naperville.111lnols 60540 • Phone 630.961.1787 fax 630.96t 9925
February l5,2001 (rev. March 21, 2001) •
City of Elgin
Elgin Riverwalk
Segment 1;Civic Riverwalk
Hitchcock Design Group •
Time Estimate
Hours
LDR MGT OBS DOC SUPsub-tot
130 90 65 50 50
PHASE HI-CONSTRUCTION SERVICES
A Pre-construction
1 assist with agreement 8 8 16
2 conduct pre-bid mtg 8 8 18
3 assemble documents 24 40 64
4 recommend contractors 4 4 2 10
5 pre-bid meeting 4 8 12
6 issue addenda 16 18
7 review bids 16 18
8 conduct pre-con 4 8 8 20
hours 28 92 8 40 176
sub-total fee - 3640 8280 520 . 2000 40 14840
B Administration
I progress nags 80 120 120 320
2 progress reports 56 4Q 96
3 interpretations 40 80 80 200
4 shop drwgs 40 44
5 change orders 8 24 40 40 8 120
6 payment applications 40 8 48
7 substantial completion 8 24 . 34
hours 96 344 240 120 6 862 •
• sub-total fee 12480 30960 15600 6000 310 68140
C Observations
1 observe work 48 96 400 544
2 review testing 24 # 28
3 tag plants 40 40
hours 48 120 440 0 4 612
sub-total fee 6240 10800 28600 0 200 45840
D Contract Close-out
1 review submittals 16 24 44
2 final completion 8 40 4 52
hours 24 64 0 0 96
sub-total fee 3120 5760 0 0 4021 9280
EXHIBIT 6—A
3/21/0 •
I• „ • a •. rs
February 15, 2001 (rev. March 21, 2001)
City of Elgin
Elgin Riverwalk
Segment 1, Civic Riverwalk
Consultant
Fee Estimate
P.E.I. Hey T.J.E. P.H.N. TSYS sub-tot
PHASE HI CONSTRUCTION
A Pre-construction 1200 0 0 0 0 1200
B Administration 2560 2560 2560 2560 2560 12800
C Observations - 9500 5120 5120 2560. 6400 28700
D Contract Close-out 1300 640 1280 320`` 320 3860 ..
Totals 14560 8320 8966 5440 9280 4656Q..
3/21/a1,3'f1115M - J _ —. rpuc'p 'est4321.01 Y�cSGIq�i dt aps
-
February 15, 2001 (rev. March 21, 2001)
City of Elgin
Elgin Riverwalk
Segment 1, Civic Riverwalk
Summary
Fee Estimate
HDG consult sery bur travel other sub-tot
PHASE III CONSTRUCTION
A Pre-construction 14840 1200 500. 500 500 17540
B Administration 68140 12800 1000 1200 1000 84140
C Observations 45840 28700 206 2600 1000 78340
D Contract Close-out 9280. 3860 l0€ 200 500 13940
Totals 138100 46560 1800] 4500 3000 193960
3/21/0-13-11113 , - . - I -es
I grim\
City of Elgin Agenda Item Na.
.....)
17
E
,. •
L , .-yr,-,., ,
. •, 4-
..<4, j.,•
G '4
April 2 , 2001
I • '"7-:..r
N
TO: Mayor and Members of the City Council
RIVER AS A RESOURCE
FROM: Joyce A. Parker, City Manager
SUBJECT: Construction Services/Hitchcock Design Group
]
PURPOSE
The purpose of this memorandum is* to present to the Mayor and
members of the City Council a proposal from the Hitchcock Design
Group for construction services related r to the construction of
Phase I of the Civic/Cultural District 1Riverfront Construction
Project .
BACKGROUND
em. On September 27, 2000, the City Council approved a contract with
Hitchcock Design Group (HDG) to design Phase I of the
Riverfront/Center City Project . The conract amount for Phase I
was $420, 960 . The contract included services related to research
and analysis, design development, prepration of construction
documents and bidding services . The above7referenced services have
been satisfactorily completed.
1
On February 28, 2000, the Mayor and City Council authorized a
contract with MIC, Inc. for construction management services. The
three phases of the construction Imanager contract are:
Bidding/Contract Award; Construction Pharse and Post-Construction
Phase. In the Bidding/Contract Award phase, the construction
manager will assist in the evaluation and analysis of bids and make
recommendations regarding contract award,
The construction phase commences upon completion of the bid process
and consists of construction inspection, scheduling and managing
the various stages of construction, subcontractors coordination and
site logistics . MIC will be responsible 'for all scheduling, trade
(subcontractor) coordination, and material ordering. The contract
with MIC is for $310, 996 .
r
i __
.
.
(.1. Construction Services/Hitchcock Design Group
April 2 , 2001
Page 2
In order to retain the services of HDG during the construction
phase of the initial riverfront project, the existing agreement
between HDG and the City needs to be amended. The amendment would
provide for important preconstruction, adMinistrative observation
and construction closeout services during the project . These
services are often times referred to as "construction engineering" ,
"resident engineering" or "construction services" .
'
This proposed scope of services by the designer does not duplicate
the work of the construction manager. The proposed construction
services have been coordinated with MIC and City staff . The role
of HDG will be to ensure that the project that was designed gets
constructed. The role of Hitchcock Design Group is similar to the
role of Williams & Associates relative to the construction of
the Family Recreation Center. The cost Of construction services
can range from 10% of the construction cost to as low as 2% of the
estimated cost (see attached comparable projects) . Due to the
complexity of this project (significant interaction within and
around the Fox River) and the full schedt4e of City staff, it is
elw recommended that $193 , 960 (4% of estimated construction cost) be
allocated for construction services by HDG.
It is anticipated that construction will last 32 weeks . HDG will
be providing part-time services . It is a ticipated that HDG will
visit the site three to four times each eek to observe work and
attend progress meetings .
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
[
The Riverfront Project Management Team and the Riverfront Action
Committee are aware of the status of the Phase I project .
,
PIA, FINANCIAL IMPACT
The budget for this project is $5 . 3 milliOn. Approximately $4 . 178
million remains available . Sufficient f'4nds exist within account
number 275-0000-791 . 92-32 , project number 039518 , for the contract
amendment totaling $193 , 960 .
WP'1./ EGAL IMPACT
An amendment to the existing Professional Services Agreement with
HDG is required.
r
•
rem. Construction Services/Hitchcock Design Grotp
April 2 , 2001
Page 3
ALTERNATIVES
1 . Proceed with the proposed amendment to the PSA with HDG to
allow for construction services during the construction of
Phase I of the Riverfront Project .
2 . Deny the request to amend the PSA wih HDG.
RECOMMENDATION
Staff recommends that an amendment to the existing professional
services agreement with Hitchcock Design Group be approved in the
amount of $193 , 960 to allow for the prOvision of construction
services related to Phase I Riverfront PrOject construction.
Res ectfully submitte ,
J ce A. Parker
City Manager
RHM:amp
Attachments
. . .
. .
. .
. .
LI
Hitchcock
Design Group
...
Creating Better Placessm
February 15, 2001
Rev. March 21, 2001
Mr. Ray Moller,
Director of Economic Development and Business Services
City of Elgin
150 Dexter Court
Elgin, IL 60120
RE: Elgin Riverwalk, Segment 1, Construction Services
Project #: 03-0524-002
Dear Ray:
Thank you for asking Hitchcock Design Group to submit this proposal for professional services for
Segment 1 of the Elgin Riverwalk. Like all of you, we look forward with great anticipation to the
rconstruction of the first leg of this future landmark. 1
The construction documents for segment 1 are complete and the City has engaged a Construction
Manager, MIC, Incorporated, for the project. Bidding is in progre s and ground should be broken in
May. We need to amend our existing agreement with the City in drder to provide important pre-
construction, administrative, observation and contract closeout services for the project. Collectively,
these are sometimes called "construction engineering", "resident engineering" or simply construction
services. I -
There is always some confusion about the need for, the role and the extent of participation of the design
team as the project gets constructed. In some communities, we prOvide full time services which is an
investment of 9% to 10% of the construction cost. In other circumstances, we provide very limited
services, 1% to 2%of construction, because the client has qualified staff available during construction.
We have included a list of some recent experiences for comparison purposes.
Please be assured that the proposed scope of services for Segment One of the Elgin Riverfront do not
duplicate the work of the CM. In fact, our scope of services would be nearly identical regardless of the
project delivery method chosen by the City(General Contractor Vs Construction Manager). Our
proposed construction services have been coordinated with MIC, Incorporated and City staff to
supplement and compliment those provided by your staff and the Construction Manager. Our role during
this phase is to help you get the design that you envisioned and that has been documented in our drawings
and specifications.
Under my direction, Dave Frigo will continue to manage the work of Hitchcock Design Group's urban
design team. Other members of the original team will be called 4on, when appropriate, to review work
that they designed. We recommend that the City, in coordination with MIC, contract directly with
Testing Services Corporation or another reputable geotechnical firm to provide the independent materials
testing that is required during construction.
I
I:\Existing Clients\500's\0524 Elgin\Civic Camptis\Pliase III construction\proposa102 1 50 Owl ler.doc
1 i
-1-11‘1,1..“----- A„,..,„.. Nbrwarville Illinois 60540 Phon 630.961.1767 Fax 630.961.9925
We are assuming that construction will last about 32 weeks. And, 1) sed on our recent discussion with
you and Dave Lawry, we will be providing part, not full, time consultation during construction. We
anticipate visiting the site 3 to 4 times per week in order to participate in weekly progress meetings with
the construction team and to observe the work in progress. We will ills() visit the site during other critical
construction periods and when requested by you or the CM.
We propose to provide these services and the other construction services that are described in the attached
Scope of Services at our standard hourly rates, plus customary out of pocket expenses not to exceed a
total of S193,960. This represents a significant reduction from the $394,000 that has been budgeted for
construction services because of the reduction from full time to part itime observations during
construction. An estimate of the hours and fees is included with thi proposal.
The schedule will be prepared and administered by the Construction Manager. We will coordinate our
services with the CM in order to help advance the work in a timely fashion.
In addition to amending the Scope of Services in our Agreement with the City, we will need to add some
important language regarding responsibilities, performance standards and risk that were intentionally
excluded from our original Agreement.
Thanks again for the opportunity to serve your community on this iinportant project.
Sincerely,
Hitchcock Design Group
114-AA dru:k.
Richard G. Hitchcock
President
cc: Dave Frigo, Hitchcock Design Group
Jennifer Brestal, Hitchcock Design Group
Encl: revised scope of services, revised fee schedule, comparative information