01-153 Resolution No. 01-153
RESOLUTION
AUTHORIZING EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT WITH
HITCHCOCK DESIGN GROUP FOR FESTIVAL PARK
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that pursuant to Elgin Municipal Code Section
5 . 02 . 020B (6) the City Council hereby finds that an exception to the
requirements of the procurement ordinance is necessary and in the
best interests of the city; and
BE IT FURTHER RESOLVED that Joyce A. Parker, City Manager, and
Dolonna Mecum, City Clerk, be and are hereby authorized and
directed to execute a Professional Services Agreement on behalf of
the City of Elgin with Hitchcock Design Group for design and
engineering services related to Festival Park, a copy of which is
attached hereto and made a part hereof by reference .
s/ Ed Schock
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
F� 5/15/01
RAGREE/HITCHCOC. FP
PROFESSIONAL SERVICES AGREEMENT
THIS AGPAEVENT made and entered into this day of
(JAJ 2001, by and between the CITY OF ELGIN,
ILLINOI5, a n nicipal corporation (hereinafter referred to as
the "City" ) , and HITCHCOCK DESIGN . GROUP', an Illinois
corporation (hereinafter referred to as "Consultant" ) .
WITNESSETH
WHEREAS, the City Council of the City has on May 24, 2000
adopted the City of Elgin Riverfront/Center City Master Plan;
and
WHEREAS, the City has determine it to be necessary and
desirable to obtain the assistance of a professional
consultant to provide engineering and design services for the
City-owned property commonly known as Festival Park and for
the riverfront project known as the Metra/West Bank Project;
and
WHEREAS, the Consultant is experienced in providing such
services for riverfront redevelopment projects and desires to
render the professional consultant services to the City.
NOW, THEREFORE, in consideration of the mutual promises and
covenants contained herein, the receipt and sufficiency of
which is hereby acknowledged, the parties hereto agree as
follows :
1 . Scope of Work
Consultant shall perform and direct the necessary
qualified personnel to perform the professional services
for the Festival Park and Metra/West Bank Projects as set
forth in the "SCOPE OF SERVICES" , dated January 12 , 2001,
consisting of six pages attached hereto and made a part
hereof as Exhibit 1 . The initial conceptual drawing
identifying the location of the Festival Park and
Metra/West Bank Projects is set forth on Exhibit 2
attached hereto and made a part hereof by this
reference. All work hereunder shall be performed under
the direction of the City Manager of the City and the
Director of Economic Development and Business Services of
the City. Consultant shall be entitled to rely upon the
accuracy and completeness of information and reports
furnished by the City.
2 . Time Schedule and Term
Consultant shall perform and complete the various
services and tasks in Exhibit 1 hereto according to the
schedule dated January 12 , 2001, and attached hereto and
made a part hereof as Exhibit 3 . Changes in the scope of
work as directed by the city, timing of decisions by the
city, timing of approvals by authorities having
jurisdiction over the project and other events outside
the control of the Consultant may, however, affect the
time line. Other alterations to the time line may be
made by mutual written agreement of the parties . The
term of this agreement shall commence upon execution
hereof and shall continue until JQI, JZC4 L3/1 900a, and
Consultant shall have performed and completed all of the
services to be provided within such period.
3 . Fees
A. Payments for services provided by the Consultant
shall be reimbursed at the hourly rate of its
professional and technical personnel as set forth on
Exhibit 4 attached hereto and made a part hereof by
this reference, with the total fees and expenses to
be paid to Consultant not to exceed $598, 631
regardless of actual time expended or actual costs
incurred by the Consultant unless material
modifications to the projects are authorized in
writing by the City and approved by the City
Council . Consultant ' s time and cost estimates for
the various aspects of the services to be performed
is set forth in Exhibit 5 attached hereto and made a
part hereof by this reference.
B. Incidental expenses incurred by the Consultant in
the performance of the services pursuant to this
agreement, such as by way of example, travel to and
from Elgin or Consultant team offices, photocopies,
check prints of work in process exchanged between
team members and computer time, are included in the
above not-to-exceed total fee of $598, 631 . Also
included in the above not-to-exceed total fee of
$598, 631 are reimbursable out-of-pocket expenses
incurred by the Consultant for deliverables, such as
photocopies, photography, diazo, large format copies
of maps, reproducible mylars, digital color output
of summary reports, permits 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 .
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C. Consultant shall submit invoices in a format
approved by the City. Progress reports will be
included with all payment requests . The Consultant
shall maintain records showing actual time devoted
and costs incurred. The Consultant shall permit the
City to inspect and audit all data and records of
the Consultant for work done and expenses incurred
pursuant to this agreement . The Consultant shall
make these records available at reasonable times
during the agreement period, and for a year after
expiration or termination of this agreement .
4 . Rights in Results of Services
The results of Consultant ' s services under this agreement
shall be the exclusive property of City, and all
documents (including, without limitation, all writings,
drawings, blueprints pictures, recordings, computer or
machine-readable data, and all copies or reproductions
hereof) which describe or relate to the services
performed or to be performed pursuant to this agreement
or the results thereof, including, without limitation,
all notes, data, reports or other information received or
generated in the performance of this agreement shall be
the exclusive property of City and shall be delivered to
City upon request (except for one copy, which may be
retained by Consultant for its confidential files) . No
articles, papers, treatises, or presentations related to
or in any way based upon or associated with the services
performed pursuant to this agreement shall be presented
or submitted for publication without the prior written
consent of City. It is agreed that the results of
Consultant ' s services and the work product provided under
this Agreement are not intended or represented to be
suitable for reuse by the City on any project not
contemplated by this Agreement and such reuse shall be
without liability to the Consultant .
5 . Other Agreements
Consultant warrants that it is not a party to any other
existing or previous agreement which would prevent
Consultant from entering into this agreement or which
would adversely affect Consultant ' s ability to perform
services under this agreement . During the term of this
agreement, Consultant shall not, without the prior
written consent of City, perform services for any
persons, firm or corporation other than City if such
services could foreseeable lead to a conflict with
Consultant ' s obligations under this agreement .
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6 . Subcontracting
If Consultant intends to hire or retain any person, firm
or corporation to perform services under this agreement,
Consultant shall first secure the written agreement of
such party that such party (1) shall assume and agree to
be bound by the same obligations as Consultant has
assumed under the provisions of this agreement, and
(2) that such party shall not be or act as an agent or
employee of City, nor assume or create 'a commitment or
obligation on behalf of nor bind City in any respect
whatsoever. Consultant shall provide City with a copy of
each such written agreement .
Prior to subcontracting, Consultant shall obtain prior
written approval of the City for each individual
subcontractor. City shall have the right to refuse
approval of any subcontractor for any reason.
Any fees, payments or other costs associated with any
subcontractor or other persons or firm shall be at the
sole cost of the Consultant payable from the fees the
City is paying to Consultant pursuant to this agreement .
7 . Assignment
Neither this agreement nor any of the rights or
obligations hereunder may be assigned or otherwise
transferred by Consultant, nor shall the benefits of this
agreement inure to the benefit of any trustee in
bankruptcy, receiver or creditor of either party, except
as may be required by law, whether by operation of law or
otherwise, without the prior written consent of either
party. Any attempt to assign or transfer this agreement
or any rights hereunder without such consent shall be
null and void and of no force or effect .
8 . Independent Contractor
Consultant is and shall perform its services under this
agreement as an independent contractor, and shall not be
deemed an agent, employee or legal representative of
City. Consultant has no authority to assume or create
any commitment or obligation on behalf of or to bind City
in any respect whatsoever.
9 . Licenses
Consultant shall obtain at its cost any and all licenses
required by federal, state, or local statutes,
regulations or ordinances necessary for the performance
of its services pursuant to this agreement .
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10 . Compliance with Laws
Consultant shall at all times impose work orders on its
employees and subcontractors which are designed to assure
that they comply with all applicable federal, state and
local laws and regulations (including, but not limited
to, occupational safety and environmental protection
statutes and regulations) in performing services
hereunder, and shall comply with any directions of
governmental agencies and City relating 'to site safety,
security, traffic or other matters .
Failure to comply with this section shall constitute a
material breach of this agreement, and shall entitle City
to terminate this agreement upon ten (10) days written
notice without penalty to City.
11 . Indemnification of City
Consultant shall hold harmless and indemnify City from
and against any and all suits, causes of action, claims
for damages, damages and any other liability to the
extent caused by the negligent acts of the Consultant,
its collaborating firms, its subcontractors or agents or
employees of any of them in . the performance of this
agreement .
12 . Force Majeure
The Consultant shall not be liable to the City for any
failure, delay or interruption of service or for any
failure or delay in the performance of any obligation
under this agreement due to strike, walkouts, acts of
God, governmental restrictions, enemy actions, civil
commotion, unavoidable casualty, unavailability of fuel
or parts or other similar acts beyond the reasonable
control of the Consultant .
13 . Consultant ' s Insurance
Consultant shall obtain and maintain the following
policies of insurance :
(1) Worker' s compensation and occupational disease
insurance in amounts required under the laws of the
State of Illinois;
(2) Comprehensive general liability and automobile
liability insurance for bodily injury, death or loss
of or damage to property of third persons in the
minimum amount of $1 million per occurrence which
policy shall name City as additional insured.
Consultant shall furnish to City of Elgin a
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certified copy of such policies concurrently with
the execution of this agreement .
(3) Professional liability insurance for errors and
omissions in the minimum amount of $1 million per
occurrence and in aggregate. Consultant shall
furnish to the City a Certificate of Insurance as
evidence of such policy concurrently with the
execution of this agreement .
14 . Severability
The parties intend and agree that if any portion of this
agreement, or application thereof to any person or
circumstance, shall to any extent be deemed to be
invalid, void, or otherwise unenforceable for any reason,
the remainder of this agreement, and the application of
such provision to persons or circumstances other than
those as to which it is held invalid, shall not be
affected thereby, and each provision of this agreement
shall be valid and shall remain in full force and effect .
15 . Governing Law
Venue for the resolution of any disputes or the
enforcement of any rights pursuant to this agreement
shall be in the Circuit Court of Kane County, Illinois .
16 . Termination
The City may by written notice to the Consultant
terminate the whole or any part of this agreement if the
Consultant fails to make delivery of the services within
the time specified herein or any extension thereof : or if
the Consultant fails to perform any of the other
provisions of the contract, or fails to make progress so
as to endanger performance of this agreement in
accordance with its terms, and in either of these two
circumstances does not cure such failure within ten (10)
days (or such longer period as the City may authorize in
writing) after receipt of notice from the City specifying
such failure. Notwithstanding any other provision
hereof, the City may also 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 payment and
reimbursement shall not exceed the total amount set forth
under Paragraph 3 above.
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17 . Additional Provisions
This agreement includes those additional provisions
contained in Exhibits 6, 7 , 8 and 9 relating to a
tax/collusion/disbarment affidavit, equal employment
commitment guidelines and affirmative action, and sexual
harassment policy.
18 . News Releases
The Consultant may not issue any news releases without
prior approval from the City . .nor will the Consultant
make public proposals developed under this agreement
without prior written approval from the City prior to
said documentation becoming matters of public record.
19 . Entire Agreement
This agreement contains the entire understanding and
agreement between the parties hereto with respect to the
subject matter hereof and supersedes all previous
communications, negotiations and agreements, whether oral
or written, between the parties hereto with respect to
such subject matter, and no additions to or modifications
of this agreement or waiver of any provisions of this
agreement shall be binding on either party unless made in
writing and executed by City.
20 . Notices
Communication to the Consultant means notice in writing
to Richard G. Hitchcock, President, Hitchcock Design
Group, 221 W. Jefferson Avenue, Naperville, IL 60540 .
Communications to the City means notice to the
contracting officer in writing to Raymond Moller, City of
Elgin, 150 Dexter Court, Elgin, IL 60120 .
21 . No Personal Liability
No officer, director, or employee of the City or of the
Consultant shall be personally liable for the fulfillment
of the conditions of this agreement .
22 . Cost and Quantity Opinions
In providing opinions of probable construction cost, the
City understands that the Consultant has no control over
the costs or availability of labor, equipment or
materials, or over market conditions or the contractor' s
method of pricing, and that the Consultant ' s opinions of
probable construction costs are made on the basis of the
Consultant ' s professional judgment and experience . The
Consultant makes no warranty, express or implied, that
the bids or the negotiated cost of the work will not vary
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from the Consultant ' s opinions of probable construction
cost .
23 . Standards of Care
In providing services under this agreement, the
Consultant shall endeavor to perform in a manner
consistent with that degree of care and skill ordinarily
exercised by members of the same profession currently
practicing under similar circumstances . =
24 . Nondiscrimination
In all hiring or employment made possible or resulting
from this agreement, there shall be no discrimination
against any employee or applicant for employment because
of sex, age, race, color, creed, national origin, marital
status, of the presence of any sensory, mental or
physical handicap, unless based upon a bona fide
occupational qualification, and this requirement shall
apply to, but not be limited to, the following:
employment advertising, layoff or termination, rates of
pay or other forms of compensation and selection for
training, including apprenticeship.
No person shall be denied or subjected to discrimination
in receipt of the benefit of any services or activities
made possible by or resulting from this agreement on the
grounds of sex, race, color, creed, national origin, age
except minimum age and retirement provisions, marital
status or the presence of any sensory, mental or physical
handicap. Any violation of this provision shall be
considered a violation of a material provision of this
agreement and shall be grounds for cancellation,
termination or suspension, in whole or in part, of the
agreement by the City.
25 . Assignment and Successors
This agreement and each and every portion thereof shall
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.
26 . No Co-partnership or Agency
This agreement shall not be construed so as to create a
partnership, joint venture, employment or other agency
relationship between the parties hereto.
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t
27 . Headings
The headings of the several paragraphs of this agreement
are inserted only as a matter of convenience and for
reference and in no way are they intended 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
interpretation or construction thereof .
28 . Modification or Amendment
This agreement and its attachments constitutes the entire
agreement of the parties on the subject matter hereof and
may not be changed, modified, 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 unless expressed in
writing herein of in a duly executed amendment hereof, or
change order as herein provided.
30 . Cooperation with Other Consultants
The Consultant shall cooperate with any other consultants
in the City' s employ or any work associated with the
Project .
IN WITNESS WHEREOF, the parties hereto have entered into and
executed this agreement on the date and year first written
above.
CITY OF ELGIN HITCHCOCK DESIGN GROUP
B By o-
cParker Richard C. Hitchco
')gj y a ger President
Attest :
City Clerk
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SCOPE OF SERVICES
CITY OF EL GIN
Elgin Riverwalk
Festival Park, Metra/West Bank
Basic Services
I. PHASE I PRELIiVfNARY PLAt`1`1NG SERVICES
(Festival Park, Ntetra/West Bank, Redevelopment Site)
A. Research and Analysis
For the project area, we will:
1. Conduct a kick-off meeting with you and the other project team members confirming:
a. goals and objectives
b. constituent interests
c, jurisdictional agencies
d. budgeted costs and potential revenue sources
e. team responsibilities
f. communications
g. invoicing and payment
h. tentative schedule
i. other administrative considerations
2. Identify jurisdictional interests, operational practices, development plans and construction
procedures by interviewing representatives of appropriate constituent.and regulatory
groups including:
a. City of Erin
b. Kane County
c. Kane County Forest Preserve District
d. Ntetra
e. U.S. Army Corps of Engineers
f. Illinois Department of Natural Resources
g. Illinois Environmental Protection Agency
h. Illinois Department of Transportation
L HUD/FERIA
j. Grand Victoria Casino
k. adjacent property owners
1. candidate developers for the redevelopment parcel
3. Prepare a list of appropriate jurisdictional regulations and procedures including:
a. environmental
b. water resources
c. railroad
d. power and communication utilities
e. other local, regional, state and federal interests
Exhibit 1
Page 1 0t+- 6 01/12/01 Elgin[Zvertront g
4. Inventory readily available existing data for the project area and the immediate
surroundings including:
a. environmental reports
b. geo-technical reports
c. topographic surveys _
d. aerial photography
e. boundaries, property ownership and easements
.f. previously prepared hydraulic model
g. pending improvement plans
h. utility atlases
I. power and communication utilities
5. observe and photograph the project area and immediate surroundings in order to identify
readily apparent physical conditions and patterns of use
6. Prepare a boundary survey for the park and the redevelopment sites
7. Conduct a topographic survey,based on the English system, establishing horizontal and
vertical control and locating natural features and manmade improvements including:
a. bench marks (FOMA and City Datums)
b. contours at one foot intervals
c. jurisdictional wetlands
d. tagged and numbered trees
e. underground water,storm and sanitary utilities including size, type, structures, grates
and inverts
f. above and below ground power and communication utilities
g. buildings and structures
h. curbs, walks,roadways, drives,lights, signals, tracks, fencing
i. other pedestrian amenities
8. Using the inventoried existing data and the new topographic survey, prepare.base maps at
appropriate scales.
9. Prepare an Environmental Phase I report in accordance with ASTNI criteria
10. Provide, inspect'and test approximately 10 shallow and 10 deep borings at Festival Park
and the redevelopment site to determine if historical site uses have adversely impacted
subsurface soil
11. Provide approximately 15 shallow depth soil borings to define
a. the strength, consolidation, and bearing capacities of the existing sub-surface,
b. the types of material to be relocated to the redevelopment parcel,
c. the presence of.any unsuitable sub-grade materials;
d. the approximate amount of topsoil available
12. Assess the.quality of the river shoreline including:
a. vegetation A
b. habitat
c. stability
d. sediment
13. Evaluate the existing trees including:
a type
b. size
c. condition
l4. Prepare a report, which summarizes the research and analyzes its impact on the master
planned improvements.
15. Review the research and analysis with:
a. staff
b. design committee
c. Project Management Team
Elgin Riverrront Page z oF4- 6 01/12/01
B. Preliminary Design and Engineering
For the project area, we will:
I. Prepare schematic designs including appropriate plan views, sections, elevations and
other graphic images to illustrate the organization, scale and character of the master
planned improvements such as:
a. lowering the park site and raising the redevelopment site
b. walks, trails and other pedestrian surfaces
c. parking, loading, drives and other vehicular surfaces
d. pedestrian bridge at Prairie (concept only)
e. structures (excluding the performance pavilion, and any buildings on the
redevelopment site)
f. retaining walls
g. turf and landscaped areas
2. Prepare a preliminary site engineering plan illustrating schematic grading, drainage,
sewer, water, power and communications improvements and potential utility relocations
3. Prepare a preliminary structural engineering plan illustrating altemative and preferred:
a. slope stabilization methods
b. foundation designs for walls and structures_
4. Refine the schematic design and preliminary engineering recommendations as may be
needed
S. Prepare draft presentation and publication materials including appropriate graphics, text
and data for:
a. research and analysis of existing and original information
b. recommended design and engineering improvement alternatives
c. recommended implementation strategy for Festival Park improvements
6. Review work in progress to appropriate advisory and jurisdictional entities including:
a. City staff
b. Design sub-committee
C. Riverfront Action Committee
d. Project Management Team
e. Other funding and regulatory agencies
f. General public (open house or public hearing)
7. Finalize the presentation and summary documents
S. Present to City Council for approval
II. PHASE II DESIGN & ENGINEERING SERVICES
(Festival Park Only):
A. Design Development (Regrading Option)
For Festival Park, we will:
1. Finalize the size, horizontal and vertical geometry, structure, materials and/or finish, as
appropriate, for first phase of the proposed improvements. such as:
a. site regrading _
b. bicycle trail
2. Using the previously prepared hydraulic model, confirm the acceptability of proposed
improvements within the floodplain and floodway by:
a. comparing proposed cross sections to existing cross sections
b. identifying, where appropriate, areas of compensatory storage and/or conveyance to
accommodate our design recommendations (floodway)
3. Prepare compensatory storage calculations, when appropriate (flood fringe)
4. Document the design, in English format, on previously prepared base maps and
supplementary drawings as may be appropriate including, but not limited to:
Elgin Riverfront Page 3 ottt 6 01/IZ/01
I
a. title
b. notes, index, standards
c. summary of estimated quantities
d. alignment;ties and benchmarks
e. maintenance of traffic
f. erosion and sedimentation control
Cr. grading and drainage
h. profiles
i. cross sections
j. walks and pedestrian surfaces
k. other details
5. Prepare a summary of estimated quantities and an estimate of probable construction costs
6. Prepare outline specifications, including the products, materials and finishes of each
component or system
7. Prepare a construction strategy including:
a. preliminary schedule
b. staging
c. public relations
d. City and consultant roles .
8. Review the drawings, specifications, product data and material samples with:
a. City staff
b. Design Sub-Committee
c. Project Nfanagement Team
d. jurisdictional agencies
9. Revise the drawings and supporting materials as may be required
10. Present recommendations to City Council
11. Submit plans for appropriate construction permit(s)
12. Prepare a request to FEMA to issue a Conditional Letter of Map Revision(CLOMR) for
the filling of the redevelopment parcel
13. Make minor revisions as may be required to secure approvals and permit(s)
B. Construction Documents (Regrading Option)
Following the approval from you and other participating agencies, we will:
1. Finalize the graphic and writteii.documentation that will be used to bid and construct the
improvements including:
a. digital drawings
b. project manual
c. other bid documents
2. Update the opinion of probable construction cost
3. Review the documents with City staff
4. Make minor revisions as may be required
C. Design Development (Riverwalk Option)
For Festival Park, we will:
1. Finalize the size, horizontal and vertical geometry, structure, materials and/or finish, as
appropriate, for first phase of the proposed improvements, such as but not limited to:
a. riverfront promenade
b. bicycle trail
c. riverfront shelters, walls and other small structures
d. utility modifications
e. turf and shoreline restoration
f. site furnishings
Elgin RiverFrora Page 4 ot'4- 6 01/12/01
g. sign graphics
h. lighting and photometrics
2. Using the previously prepared hydraulic model, confirm the acceptability of proposed
improvements within the floodplain and floodway by:
a. comparing proposed cross sections to existing cross sections
b. identifying, where appropriate, areas of compensatory storage and/or conveyance to
accommodate our design recommendations (floodway)
3. Prepare compensatory storage calculations, when.appropriate (flood Fringe)
4. Document the design, in English format, on previously prepared base maps and
supplementary drawings as may be appropriate including, but not limited to:
a. title
b. notes, index, standards
c. summary of estimated quantities
d. alignment, ties and bench marks
e. maintenance of traffic
f. erosion and sedimentation control
g. grading and drainage
h. profiles
i. cross sections
j. shelters, and other structures
k. retaining walls
1. walks and pedestrian surfaces
m. sign graphics
n. irrigation
o. planting
p. furnishings
q. lighting/power distribution
r. other details
�. Prepare a summary of estimated quantities and an estimate of probable construction costs
6. Prepare outline specifications, including the products, materials and finishes of each
component or system
7. Prepare a construction strategy including:
a. preliminary schedule
b. staging
C. public relations
d. City and consultant roles
8. Review the drawings, specifications, product data and material samples with:
a. City staff
b. Design Sub-Committee
c. Steering Committee
d. City Council
e. jurisdictional agencies
9. Revise the drawings and supporting materials as may be required
10. Submit plans for appropriate construction permit(s)
11. Make minor revisions as may be required to secure approvals and permit(s)
D. Construction Documents (Riverwalk Option)
Following the approval from you and other participating agencies, we will:
1. Finalize the graphic and written documentation that will be used to bid and construct the
improvements including:
a. digital drawings
b. project manual
Elgin Riverrront Page 5 orb 6 01/12/01
c. other bid documents
2. Update the opinion of probable construction cost
3. Review the documents with you
4. Make minor revisions as may be required
E. Bidding and Negotiation
Following approval from you, we will:
I. Provide one set of contract documents for your reproduction for bidding
2. Recommend-reputable contractors for your consideration
3. Help you advertise the bid letting
4. Conduct a pre-bid meeting for interested bidders
5. Answer questions and issue written addenda, when appropriate, to all bidders retarding
changes to or clarifications of the contract documents
6. Review the bids, tabulate the results and issue a recommendation to you regarding the
contract award
7. Present recommendations to the City Council
Elgin Riverfront
Page 6 of-4 6 01!12/01
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• J..1
H h Iant �Ai� ._, , r
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Chicago St. �,. ::�: .�.,,,, r..,.:
.•- r+ `;�' Ph.se III ARB Project Area
G^ � � , ►--{ P16se I 'P,roject Area
'
Metra West Bank T. «/ : *� ark.
\ 1 . ••� �.ar ,yI
J
1 Project Area
Phase � -
-y S\ \
' Phase II A&B Project Area
, � National St.
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Phase II C&D Project Area �, .. y..,��. �1 \
January 9, 2001
Schedule
January 12, 2001
City of Elgin
Elgin R.iverwalk
Festival Park, Metra/West Bank
Preliminary Meeting Schedule
Group Agenda Date
PHASE I
Design/RAC Committees kick off January 2001
Agencies operations, development, procedures January 2001
HDG Team site walk, data inventory February 2001
Design/RAC review research and analysis March 2001
PMT present research and analysis March 2001
Design/RAC review schematic designs - March 2001
Design/RAC review prelim engineering April 2001
PMT present preliminary design/eng April 2001
Public prelim design open house April 2001
Agencies review design, funding May 2001
City Council present recommendations, confirm PH II May 2001
PHASE II
Staff/Design/RAC review final design, cost, process May 2001
PMT present final design iVlay 2001
IDNR/ACOE submit permit application May 2001
City Council present design, cost, approval to bid June 2001
Staff review 50% construction docs June 2001
Staff review 95% construction docs July 2001
Constr. Mgr advertise for constr. Bids July 2001
Council award construction bids August 2001
PHASE III
Staff/CM pre-construction meeting Fall 2001
Staff/CNI progress meetings Fall 2001
Staff/CM substantial completion Fall 2001
Staff/CM final completion. Spring 2002
1_\FxtinoCnts\500's\0524 EIKin\Festival Park\sLSd )lam I� OltesNk.doc Exhibit 3
(Hourly Rate of Consultant ' s Professional and Technical
Personnel to be inserted here)
Exhibit 4
-10-
January 12, 2001
City of Elgin
Elgin Riverwalk
Festival Park, Metra/Westbank
Hitchcock Design Group
Time Estimate
Hours
LDR MGT PLN DES DOC SUP sub-tot
standard rates 130 90 80 75 65 50
PHASE I PLANNING SERVICES
A Research and Analysis
1 kickoff meeting 24 - 16 4 2 2 48
2 identify jurisditions 2 4 4 10
3 list regs and procedures 2 8 10
4 inventory existing data 8 16 8 32
5 site observation 4 8 16 28
6 boundary survey 2 2
7 topographic survey 2 2
8 base maps 4 24 28
9 environmental Ph 1 report 2 2
10 environmental soil testing 2 2
11 structural soil testing 2 2
12 shoreline assessment 2 16 16 34
13 tree assessment 2 16 16 34
14 summary report 4 8 16 1.6 4 48
15 reviews 12 12 12 4 40
hours 44 74 108 0 86 10 322
sub-total fee 5720 6660 8640 0 5590 500 27110
B Preliminary Design and Engineering
1 schematic design 24 40 80 80 80 304
2 prelim site engineering 16 16
3 prelim structural 8 8
4 refinements 16 8 8 40 72
5 draft summary documents 8 32 16 40 4 100
6 reviews 24 24 24 4 76
7 final summary documents 8 16 16 24 4 68
8 present to council 4 4 4 12
hours 52 124 164 120 184 12 656
sub-total fee 6760 11160 13120 9000 11960 600 52600
Exhibit 5
1/121csi.._a2n pM _x shrs f .stpk
Hours
LDR MGT ' PLN DES DOC SUP sub-tot
PHASE II DESIGN SERVICES
A Design Development (regrading)
1 finalize design 8 24 40 72
2 hydraulic model
3 compensatory storage calcs 2 2
4 documentation 8 40 48
5 quantities and costs 8 24 32
6 outline specifications 8 . 8 8 24
7 construction strategy 4 4 8
8 reviews 12 12 12 4 40
9 revisions 16 16 32
10 present to council 4- 4 8
11 permit applications 4 4
12 CLONIR 4
13 revisions 4 16 16 4 40
hours 28 84 0 116 72 16 316
sub-total fee 3640 7560 0 8700 4680 800 25380
B Construction Documents (regrading)
1 final contract documents 4 24 40 40 8 116
2 update cost opinion 8 16 24
3 staff review 8 8 8 4 28
4 minor revisions 4 24 24 52
hours 12 44 0 88 64 12 220
sub-total fee 1560 3960 0 6600 4160 600 16880
Hours
LDR MGT PLN DES DOC SUP sub-tot
C Design Development (riverNvalk)
1 finalize design 24 40 80 144
2 hydraulic model 0
3 compensatory storage calcs 0
4 documentation 24 80 104
5 quantities and costs 24 32 56
6 outline specifications 16 24 4 44
7 construction strategy 8 8 16
8 reviews 12 12 12 36
9 revisions 16 24 24 4 68
10 present to council 4 4 4 12
11 permit applications 0
12 revisions 8 16 16 4 44
hours 48 152 0 192 120 12 524
sub-total fee 6240 13680 0 14400 7800 600 42720
D Construction Documents (riverwalk)
1 final contract documents 4 40 200 200 8 452
- 2 update cost opinion 16 40 56
3 staff review 4 4 4 12
4 minor revisions 8 24 24 56
hours 8 68 0 268 224 8 576
sub-total fee 1040 6120 0 20100 14560 400 42220
E Bidding and Negotiation
1 furnish contract docs 24 8 32
2 recommend contractors 8 8
3 advertisement 8 8
4 pre-bid meeting 4 8 12
5 questions aad addenda 24 8 32
6 bid tabulation 16 16
7 present to council 4 4 8
hours 8 92 0 0 16 0 116
sub-total fee 1040 8280 0 0 1040 0 10360
3_ FPP—PSt nL201 festok.xlshrs festpk
January 12, 2001
City of Elgin
Elgin Riverwalk
Festival Park, Metra/Westbank
Hitchcock Design Group
Fee Estimate
Consultants
survey env/geo transp civil elect sub-total
PHASE I PLANNING SERVICES
A Research and Analysis 30660 46470 24260 8840 4250 114480
B Preliminary Design/Eng 0 16980 ' 22970 11150 2375 53475
sub-totals 30660 63450 47230 19990 6625 167955
PHASE II DESIGN SERVICES
A Design Development(regrade) 0 0 0 19660 4750 24410
B Constriction Docs (regrade) 0 0 0 4430 2000 6430
C DD (riverwalk) 0 0 0 12360 12000 24360
D CD (river,,valk) 0 0 0 4420 7500 11920
E Bidding and Negotiation 0 0 0 0 2000 2000
sub-totals 0 0 0 40870 28250 69120
Total Phase I and II Services 30660 63450 47230 60860 34875 237075
Consultants
wtr res irrig illustr arch sub-total
PHASE I PLANNING SERVICES
A Research and Analysis 12710 500 0 500 128190
B Preliminary Design/Eng 8660 6000 9000 2500 79635
sub-totals 21370 6500 9000 3000 207825
PHASE 11 DESIGN SERVICES
A Design D eve lopment(regrade) 31296 0 0 0 55706
B Construction Docs (regrade) 5310 0 0 0 11740
C DD (riverwalk) 9300 10000 0 8000 51660
D CD (riverwalk) 3510 10000 0 8000 33430
E Bidding and Negotiation 1000 0 0 0 3000
sub-totals 50416 20000 0 16000 155536
Total Phase I and II Services 71786 26500 9000 19000 363361
1 14 Omi n.nn ORA 4 faa aat ni i?oi fPStnk.Xlsfees festok
January 12, 2001
City of Elgin
Elgin Riverwalk
Festival Park, Metra/Westbank
Hitchcock Design Group
Fee .Estimate
Summary
HDG consult sery bur travel other sub-total
PHASE I PLANNING SERVICES
A Research and Analysis 27110 128190 2500 200 500 158500
B Preliminary Design/Eng 52600 79635 5000 200 500 137935
sub-totals 79710 207825 7300 400 1000 296435
PHASE II DESIGN SERVICES
A Design Development(regrade) 25380 55706 400 200 500 82186
B Constriction Docs (regrade) 16880 11740 800 100 1000 30520
C DD (riverwal.k) 42720 51660 S00 200 500 95880
D CD (riverwalk) 42220 33430 1700 100 1000 78450
E Bidding and Negotiation 10360 3000 1700 100 0 15160
sub-totals 137560 155536 5400 700 3000 302196
Total Phase I and II Services 217270 363361 12900 1100 4000 598631
-� �• �.. s faP PSt 011201 festok_xlsfees festpk
r ,
TAX/COLLUSION/DEBARMENT AFFIDAVIT
State of ss.
County of
being first duly sworn, deposes and says:
That he is of the firm of the party
making the foregoing bid and that the bidder Is not barred from contracting with any unit or local
government as a result of a violation of 720 Illinois Compiled Statutes, Section 5133E-3 or 5133E-4, as
amended; and, no collusion or agreement among other bidders or prospective bidders to bid a fixed price
or otherwise restrain freedom of competition by agreement has taken place; and, bidder is not delinquent
in the payment of any tax administered by the Illinois Department of Revenue unless there is a pending
proceeding contesting the tax.
Signature of Bidder, if an individual:
Signature of Bidder, if a partnership:
Subscribed and sworn to
before me this day of
, 2001
Signature of Bidder, if a corporation: My commission expires:
AAAA
I FVV 1/;kA
Pr sident
Secretary
Exhibit 6
25.2001fUE 9:52AM P14 HITCHCOCK DESIGN GRP MGRS 446 •—P.2/to-
MAY.
x.0 XE,k; U FAX N0. 1847931561�°' P. 27
TILIGATION FORM
This repoR is 04110-d by tile City of Elgin and Must be submitted 1eF� the contract can be
awarded.
'+hapter 3,12.1000 AfFirrr ative Action- City Contracts
1. Nafne and Address 0.6 8idde Description of P oiect
JOB CATEGORIES Total Whites Bla-ki Hispanics Asians or Ameritsn Ivllnoiity Female
i Emplo;pees Pacific Indians (M& (All
Islanders Catercies)
M / Y� M / F M / F M M / F % %
EPMMFIc.KURCS is 8 S 3 2 4
1 S5,696 44. 96
lair 12
(rata) (s�is)
±
a�
04a s
�I
L'°TALS =P9
Stgna[ure of Company OfFicial Tula Telephone Number lute Signed page /
of—L
2. Have you eves been 1%rarded a bid by the City of El&?
. Yes No
3.• if the answcr to quest�Ion#2 is Yes,please submit a copy of the gmployee Utilization Pozen,that
was submitted with yciur last ccessful'bid along with a fully completed copy of this form.
`l. If the statistical data p�o*icd above shows under-utiliztloa of minorities and/or fOtzt.ales,please
submit, according to coke guideline provided in the attached document, a w•dtten commitment eo
provide equal employY_1p�ent oppomau ty.
i
In the.event that a cOMMCtar or vendor, etc., fails to comply with the fair
employment artd affixmative action provisions of the City of Elgin,the City amongst
ochdr actions slay cancel, t4rIninate, or suspend the contract in whole or ix►paw.
+'�-
Exhibit 7
•y 'T) f�
City of Elgin, Illinois
Equal Employment
Written Commitment Guideline
isSc�i.?:.iti�.;Yet%n4':�.AXtl.�<-::�x::<i;•��.+':•Y':47d.:r.'a�
The written commitment required in Item #4 of the Bidder's Employee Utilization Form shall:
1. Set out the name and phone number of the bidder's Equal Employment Officer.
2. Clearly identify the bidder's recruitment area and the percentage of minorities-and
females in the area's population and labor force.
3. Set out what the bidder has done and has set as a goal to ensure the recruitment of
minority and female employees.
4. Set out the bidder's specific goals to recruit minorities and females for training programs
or other similar opportunities available through the bidder's organization.
5. Indicate bidder's consent to submit to the City of Elgin, upon request, statistical data
concerning its employee composition and recruitment efforts anytime during the term of
the contract.
6. Show bidder's consent to distribute copies of the written commitment to all persons who
participate in recruitment, screening, referral, and selection and hiring of job applicants
— for the bidder.
7. Clearly show that the bidder shall require all subcontractors, if any, to submit a written
commitment complying with the above requirements of their affirmative action plan to
the City of Elgin.
Description of Groups for Classification Purposes
White: all persons having origins in Europe, North .America, or the Middle East
Black: all persons having origins in any of the Black racial groups of Africa
Hispanic: all persons of Mexican, Puerto Rican, Cuban, Central South American, or
other Spanish culture or origin, regardless of race
Asian American: all persons having origins in the Far East, Southeast Asia, the Indian
subcontinent, or the Pacific Islands
American Indian: all persons having origins in any of the original peoples of North
America and who maintain cultural identification through tribal
affiliation or community recognition Exhibit 8
•
JggS FIUM1"1% City of Elgin, Illinois
Sexual Harassment ---- Policies and Programs
Every party to any contract with the City of Elgin and every bidder is required to have, and to
effectively distribute, written sexual harassment policies that include, at a minimum, the
following information:
(j) the illegality of sexual harassment
(II) the definition of sexual harassment under state law
(III) a description of sexual harassment,utilizing examples
(IV) the vendor's internal complaint process including penalties
M the legal recourse,investigative and complaint process available through the Illinois Department
of Human Rights,and the Illinois Human Rights Commission
(VI) . directions on how to contact the department and commission
(VII) protection against retaliation as provided by Section 6-101 of the Human Rights Act
I hereby affirm that the organization which I represent has.in place sexual harassment
policies which include the required information set forth above, and I hereby agree to
furnish the City of Elgin -Human Resources Department with a copy of these policies if
they so request.
Signature/Title
Company Hitchcoc#Desi n Gro
Date June 5, 2001
Sexual harassment is defined as follows:
"Sexual harassment"means any unwelcome sexual advances or requests for sexual favors or any conduct
of a sexual nature when(1)submission to such conduct is made either explicitly or implicitly a term or
condition of an individual's employment,(2)submission to or rejection of such conduct by and individual
is used as a basis for employment decisions affecting such individual,or(3) such conduct has the purpose
or effect of substantially interfering with and individual's work performance or creating an intimidating,
hostile,or offensive working environment.
Any questions by contracting parties or eligible bidders concerning compliance with these
requirements should be directed to the City of Elgin-Human Resources Department at(847)
931-5618.
I hereby agree fully indemnify and hold the City of Elgin harmless from any and all
liability, loss or damage including costs of defense or claim, demands, cost of judgement
against it arising from any sexual harassment complaint resulting from the act of any
member of my organization in the per rpance of this contract.
Signature/Title
Company Hitchcock Design Group
Date June 5, 2001
Exhibit 9
Agenda Item No.
City of Elgin
May 4 , 2001
TO: Mayor and Member of the City Council
FROM: Joyce A. Parker, City Manager RECREATIONAL LEISURE
ANO CULTURAL OPPORTUNITIES
FORALL CITIZENS
SUBJECT: Festival Park Engineering Services
PURPOSE
The purpose of this memorandum is to present to the Mayor and
members of the City Council a proposal for Professional Services
from the Hitchcock Design Group (HDG) for design and engineering
services related to Festival Park.
BACKGROUND
Due to expressed interest by developers, the City has started the
process of marketing the property adjacent to Festival Park for
redevelopment consistent with the master plan. On April 25, staff
and representatives of the Riverfront Project Management Team
interviewed two prospective residential developers for the tract of
land east of Festival Park. Both Festival Park and the South Grove
Residential Site are within the Flood Plain. Consequently, the
park site has to be lowered in order to allow the redevelopment
site to be filled. Coincidentally, the lowering of the park site
will also enable the west bank of the river adjacent to the Metra
line to be modified to improve its stability and to allow for the
construction of a continuous riverwalk from National Street to
Chicago Street .
Considering the scale and complexity of the master planned
improvements, the complete construction of both Festival Park and
the West Bank Riverwalk will be significant investments for the
City and other project partners . Consequently, it will take some
time to assemble the appropriate partners and sufficient funding.
However, the park site needs to be lowered to advance the
redevelopment process across the street . And, because of their
cross sectional relationship, the redevelopment site, the park and
the west bank riverwalk improvements all have to be considered when
the grades are established for the park.
Therefore, the preliminary design and engineering process for both
projects must be completed concurrently. Once the grades for
Festival Park are established, the City can apply for the
appropriate construction permits, lower the site, and if desired,
construct the Festival Park Riverwalk.
Festival Park Engineering Services
May 4, 2001
Page 2
It was staff' s intention that during 2001, while construction was
underway on Phase I of the Civic/Cultural District Riverfront
Project, that the designs and bid specification portion of Phase II
for the Civic/Cultural District project area would be initiated.
Due to extensive developer interest at the South Grove Site, there
is a need to advance the timing of the design and engineering
elements for the flood plain reconfiguration project . In order to
insure that there are adequate funds for the Civic/Cultural
District Projects, staff is recommending that the South Grove TIF
Contingencies Funds be used for the Festival Park Flood Plan Design
project .
HDG proposed services, which accompany this proposal , are divided
into 2 separate phases . At the conclusion of our Phase I , Planning
Services, the City will have received:
A Summary Report including:
• appropriate jurisdictional procedures
• boundary survey for the park and redevelopment sites
• topographic survey for the park, redevelopment and west bank
shoreline
• environmental Phase I Report for the park and redevelopment
site
• results of supplemental environmental and stability testing
• shoreline assessment
• vegetation assessment
• recommended site improvements for the park and west bank
• opinions of potential construction costs for the park and west
bank
• identification of potential project partners
Additional presentation materials
Presentations to a variety of constituent interests
In addition to establishing the elevation of Festival Park, the
Phase I services for the west bank will also provide critical tools
that the City needs to implement the West Bank Riverwalk in the
future . At the conclusion of Phase II, Design and Engineering
Services, the City will have received:
• Conditional Letter of Map Revision for Festival Park and the
redevelopment site
• Construction documents and cost opinions for:
-regrading Festival Park
-Festival Park Riverwalk improvements
• Bid results and contract award recommendations
Festival Park Engineering Services
May 4 , 2001
Page 3
HDG proposes to provide the above-referenced services at their
hourly rate, plus customary out of pocket expenses for a fee not to
exceed $598, 631 .
The above-referenced services that will be directed to park amenity
upgrades will be focused only on the shore line and river walkway.
The design and construction documents will not include the
permanent entertainment venue or the playground areas of the park.
It is not likely that the material removed for the purpose of
lowering the park elevation would be suitable as compatible fill
material for the redevelopment site east of Festival Park. The
excavated soil would be hauled from the site and, thus, would not
be spread or stored on the current Prairie Rock parking lot . The
Prairie Rock lot would not be taken out of service unless and until
alternative interim parking is located within the Center City.
Also, all work on the site (Festival Park) will be coordinated with
the Grand Victoria Casino in order to ensure their ability to
provide for their special events needs .
eolk COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
The Project Management Team and the City Council have recommended
proceeding with an RFP for the South Grove Residential Project .
FINANCIAL IMPACT
To date, funding for Riverfront initiatives (consulting, design and
capital projects) has been funded through the Riverboat Fund. A
total of $5 . 3 million is allocated to account number 275-0000-
791 . 92-32 , project number 039518 for the Riverfront project .
Approximately $1, 122 , 000 has been spent to date .
The South Grove Residential Redevelopment Site and Festival Park
are located within the boundaries of the South Grove Tax Increment
Financing (TIF) District . The South Grove Fund has an unencumbered
cash balance of approximately $1 . 1 million, which could be used for
TIF related projects (account number 260-0000-791 . 92-32 , project
number 039520 would be charged) .
O./LEGAL IMPACT
The award of this contract would be considered an exception to the
Procurement Ordinance . A Professional Service Agreement must be
entered into.
Festival Park Engineering Services
May 4 , 2001
Page 4
ALTERNATIVES
1 . Proceed with the entire contract as proposed at a cost of
$598, 631 .
2 . Do not proceed with this project .
RECO124ENDATI ON
In light of the interest by developers for the South Grove
Riverfront Project, staff and the Project Management Team
recommends that the Mayor and City Council enter into an agreement
with HDG for alternative 1 at a cost of $598, 631 .
gcRectfully submitted,
e Parker
City Manager
RHM:sp
Attachment
Hitchcock
Design Group
Creating Better Placess"
January 12, 2001
Mr. Ray Moller,
Director of Economic Development and Business Services
City of Elgin
150 Dexter Ct.
Elgin, IL 60120
RE: Festival Park
Project #: 03-0524-002
Dear Ray:
Thank you for asking Hitchcock Design Group to submit this proposal for professional planning, design
and engineering services for Festival Park. We look forward to advancing our relationship with you and
all of your colleagues as Elgin continues to implement its great riverfront initiative.
We understand that the City wants to begin the process of marketing the property adjacent to Festival
Park for redevelopment consistent with the master plan. Consequently, the park site has to be lowered in
order to allow the redevelopment site to be filled. Coincidentally, the lowering of the park site will also
enable the west bank of the river,adjacent to the Metra line to be modified to improve its stability and to
allow for the construction of a continuous riverwalk from National Street to Chicago Street.
Considering the scale and complexity of the master planned improvements, the complete construction of
both Festival Park and the West Bank Rivervalk will be significant investments for the City and other
project partners. Consequently, it will take some time to assemble the appropriate partners and sufficient
funding. However, the park site needs to be louvered to advance the redevelopment process across the
street. And, because of their cross sectional relationship, the redevelopment site, the park and the west
bank rivervalk improvements all have to be considered when the grades are established for the park.
Therefore, the pfe,i ninary design and engineering process for both projects must be completed
concurrently. Once the grades for Festival Park are established, the City can apply for the appropriate
construction permits, lower the site, and if desired, construct the Festival Park Rivervalk.
Our proposed services, which accompany this proposal, are divided into 2 separate phases. At the
conclusion of our Phase 1, Planning Services, the City will have received:
A Summary Report including:
appropriate jurisdictional procedures
boundary survey for the park and redevelopment sites
topographic survey for the park, redevelopment and west bank shoreline
environmental Phase I Report for the park and redevelopment site
results of supplemental environmental and stability testing
shoreline assessment
vegetation assessment
1AExisting Clients\500's\0124 Elgin\Festival Park\proposa1011201moller.doc
s
recommended site improvements for the park and west bank
opinions of potential construction costs for the park and west bank
identification of potential project partners
Additional presentation materials
Presentations to a variety of constituent interests
In addition to establishing the elevation of Festival Park, the Phase I services for the west bank will also
provide critical tools that the City needs to.implement the West Bank Riverwalk in the future. At the
conclusion of Phase II, Design and Engineering Services, the City will have received:
Conditional Letter of Map Revision for Festival Park and the redevelopment site
Construction documents and cost opinions for:
regrading Festival Park
Festival Park Riverwalk improvements
Bid results and contract award recommendations
Under my direction, Dave Fngo will continue to manage the work of Hitchcock Design Group's urban
design team. Patrick Engineering will provide survey, environmental, geo-technical, civil, structural and
electrical consulting services to our team. PHN Architects will provide architectural consulting and TJ
Emmerich will provide irrigation consulting services. Anderson Illustration Associates will provide
specialized graphics, when appropriate.
Our team proposes to provide the attached scope of services at our standard hourly rates, plus customary
out of pocket expenses for a fee not to exceed 5599,000. An estimate of the hours, fees and expenses is
included with this proposal.
A preliminary schedule is also attached. Like you, we want to move expediently, but please understand
that the current snow cover will compromise our ability to complete the topographic survey, a critical step
in the process. In the meantime, there are plenty of other tasks in the Research and Analysis phases that
can be started.
As always, we look forward to finalizing the scope, schedule, fees and contractual details in order to best
meet your objectives.
Thanks again for the opportunity to serve your community on this important project.
Sincerely,
Hitchcock Design Group
69L—
Richard Hitchcock
President
encl: scope of services, hour and fee matrices, preliminary schedule
cc: Dave Frigo, Jennifer Brestal, Hitchcock Design Group