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