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05-181 Resolution No. 05-181 RESOLUTION AUTHORIZING EXECUTION OF A THIRD AMENDMENT AGREEMENT WITH HITCHCOCK DESIGN GROUP (Festival Park) 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 agreement on behalf of the City of Elgin with Hitchcock Design Group for Festival Park Design Development and Construction,a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: June 8, 2005 Adopted: June 8, 2005 Omnibus Vote: Yeas: 7 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 S rmday of M A)!� , 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 June 15, 2001, wherein Consultant provided to the City certain consulting services regarding the planning, design and engineering services for Festival Park; and WHEREAS, the City and Consultant have previously entered into an amendment to such professional services agreement, with such Amendment Agreement being dated May 28, 2002; and WHEREAS, the City and Consultant previously entered into a second amendment to such professional services agreement, with such Amendment Agreement being dated October 18, 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 Festival Park. 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 June 15, 2001, as amended by the Amendment Agreements dated May 28, 2002, and October 18, 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 "Festival Park, Part B" consisting of eight (8) 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: J:\Projects\500's\0524-City of Elgin\002-Elgin Riverfront\x06-Festival Park Part B\G Project Admin\Hitchcock Third Amendment Kimball Library Riverwalk PSA.doc "The Consultant's responsibility to provide the services in Exhibit 1-C shall commence as of May 12, 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 $311,586 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 May 28, 2002, and October 18, 2004, between the City and the Consultant dated June 15, 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. 3. The changes provided for in this Third Amendment Agreement to the original agreement are germane to the original agreement as signed and this amendment agreement is in the best interests of the City of Elgin and authorized by law. 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 Hitch;Rick esi gchcocic By: \ `� By: Olufe ' Folarin rt City Ma a Principal Attest: City Clerk J:\Projects\500's\0524-City of Elgin\002-Elgin Riverfront\x06-Festival Park Part B\G Project Admin\Hitchcock Third Amendment Kimball Library Riverwalk PSA.doc � r EXHIBIT 1 - C CONTRACT Amendment J:\Projects\500's\0524-City of Elgin\002-Elgin Riverfront\x06-Festival Park Part B\G Project Admin\Hitchcock Third Amendment Kimball Library Riverwalk PSA.doc 1 Hitchcock Design Group Creating Better Places° May 5, 2005 Mr. Ray Moller,Director Economic Development and Business Services City of Elgin 150 Dexter Court Elgin, IL 60120 RE: Festival Park, Part B Project No.: 03-0524-002-X03 Dear Ray: Thank you for asking Hitchcock Design Group to submit this proposal for additional design and engineering services for Part B of Festival Park. We look forward to advancing our relationship with you and your colleagues and bringing your vision for Festival Park to life. When we completed the schematic design of Festival Park in 2001, we concluded that the park was a critical segment in the redevelopment of the riverfront for two reasons—to facilitate the adjacent construction of high quality,market-rate housing within the downtown, and to provide a stunning, urban park within the Center City that has both community and regional appeal. To be sure, many of the improvements constructed to date have been vital from a technical and development point of view, but they have only created the groundwork for the exciting opportunities that were envisioned in 2001. The scope and scale of that vision is significant. In fact, the cost to construct all of the remaining improvements that were illustrated in the 2001 schematic plans is approximately $7 MM. However, we understand that for 2005, the City has budgeted approximately $4.5 MM to construct many of the most exciting features including: • a prominent gateway that will welcome visitors and link the park to the adjacent neighborhood, • an interactive fountain that will anchor the north end of the park, • a large children's play facility to attract families to the area, • utility bollards in the great lawn to support vendors during festivals, • landscaped gardens that will unify the various features, and • restroom and storage facilities to support the attractions. Even after the outlined improvements are complete, extensive streetscape and lawn area amenities, costing approximately $2.5 MM, will still need to be constructed,in addition to the performance pavilion, in order to complete the master planned vision. .11Marketing\07 Existing Clients\500's\0524 Elgin\Festival Park\Part B\revised 050505\ltr 050505 moller.doc 221 West Jefferson Avenue ■ Naperville, Illinois 60540 ■ Phone 630.961.1787 ■ www.hitchcockdesigngroup.com hz close collaboration with our consultants, our role will be to finalize the design for the budgeted improvements for bidding and construction. Despite our recent rate increase, we propose to provide these services, as further described in the attached scope of services, at our old, 2004 hourly rates, plus customary out of pocket expenses for a not to exceed fee of$311,586. An estimate of the hours, fees and expenses is attached. At the conclusion of our Phase II work, Design and Engineering Services, the City will have received: ■ Permits from the City of Elgin and other jurisdictions ■ Construction documents and cost opinions ■ Bid results and contract award recommendations As the design advances and we confirm the scope, scale and complexity of the proposed improvements, we will update our proposal to include important Construction Phase Services. Based on recent riverfront projects, we estimate that our Construction Phase Services fee will be about 3% of the budget, or approximately$180,000. 1 will continue to provide project leadership and creative direction. Under my supervision, Mark Underwood will continue to manage the work of Hitchcock Design Group's urban design team. Dave Frigo will also participate in critical design phases of the project for continuity. Currently, our sub- consultant team includes: • PHNArchitects—Architects who assisted with the design of the pavilion and structures on the Civic and Festival Park Riverfront ■ Patrick Engineering Inc.—electrical, civil, and structural services. ■ Terracon—geotechnical services ■ Hey and Associates—water resource services ■ Landinark Engineering Group—miscellaneous surveying ■ T.J. Ernrnerich Associates—irrigation consultants ■ Fountain Technologies, Ltd—fountain design services ■ Hugh Lighting Design—lighting consultation services Please be assured, that we continue to explore opportunities, when appropriate and within budget, to include local consultants on the team. We also understand that the City wants to expedite design and bidding so construction can begin this fall (see the attached preliminary schedule for further details). Like you, we are eager to begin. Consequently, we are ready to move quickly, as soon as we are authorized. And, as always, we look forward to finalizing the scope, schedule, fees and contractual details in order to best meet your obj ectives. Thanks again for the opportunity to serve your community on this important project. Sincerely, Hitchcock Design Group Richard G. Hitchcock President cc: Mark Underwood, Dave Frigo, mktg, Hitchcock Design Group Scope of Services CITY OF ELGIN FESTIVAL PARK, PARTB L PHASE I PRELIMINARY PLANNING SERVICES A. Research and Analysis For the project area, we will: 1. Conduct a kick-off meeting with you and other project team members to review and confirm program of proposed improvements as depicted in the approved Festival Park Schematic Design dated December 19, 2001. a. jurisdictional agencies b. budgeted costs and potential revenue sources c. team responsibilities d. communications e. invoicing and payment f. tentative schedule g. other administrative considerations 2. Conduct a limited topographic survey for the immediate project area,based on the English system, confirming horizontal and vertical control and locating natural features and manmade improvements including: a. contours at one foot intervals b. underground water, storm and sanitary utilities including size, type, structures, grates and inverts c. above and below ground power and communication utilities d. curbs, walks,roadways, drives, lights, signals, tracks, fencing 3. Provide approximately 5 shallow depth soil borings at the proposed locations of the gateway facilities and Festival Park Colunms along South Grove Avenue to define a. the strength, consolidation, and bearing capacities of the existing sub-surface, b. the presence of any unsuitable sub-grade materials 4. Using the inventoried existing data and the new topographic survey, prepare base maps at appropriate scales. B. Schematic Design and Engineering 1. Update the schematic plan based on the refined budget and program 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. structures (gateway, gateway facilities [i.e. restrooms and storage], festival park columns, utility bollards) b. fountain c. feature playground d. walks, trails and other pedestrian surfaces e. drives and other vehicular surfaces f. stairs g. retaining walls h. site furnishings (benches, trash receptacles, fencing, lighting) Festival Park,Part B Page l of MaY 5.2005 r i. turf and landscaped areas j. schematic grading and drainage k. utilities(sewer, water, electric and communications) 2. Refine/prepare a cost opinion summarizing potential construction costs and other associated project costs. 3. Review work in progress with appropriate entities including: a. City Staff b. Design sub-committee c. Riverfront Action Committee d. Kane County Forest Preserve e. Revise the drawings and supporting materials as may be required 1I. PHASE II DESIGN & ENGINEERING SERVICES A. Design Development 1. Finalize the size, horizontal and vertical geometry, structure, materials and/or finish, as appropriate, for the proposed improvements, such as but not limited to: a. drainage b. walks, decks and other pedestrian surfaces c. service access, loading and other vehicular surfaces d. structures e. retaining walls f. utility modifications g. slope stabilization h. turf and landscaped areas i. site furnishings j. sign graphics k. lighting and photometrics 2. 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. temporary access, storage and construction measures g. erosion and sedimentation control h. new and relocated underground utilities i. grading and drainage J. access, loading and vehicular surfaces k. walks and pedestrian surfaces 1. structures m. fountain n. stairs o. retaining walls p. irrigation q. plant materials and ground covers r. furnishings s. sign graphics t. lighting/power distribution u. other details 3. Revise the cost opinion summarizing potential construction costs and other associated project costs. Festival Park,Part B Page 2 of 3 dfm 5,2005 r 4. Prepare outline specifications, including the products,materials and finishes of each component or system 5. Prepare a construction strategy including: a. construction delivery system (CM, GC, other) b. preliminary construction schedule c. access, staging other logistics d. public relations e. Owner and consultant roles 6. Review the drawings, specifications,product data and material samples and construction strategy with: a. City Staff b. Design sub-committee c. Riverfront Action Committee d. jurisdictional agencies 7. Revise the drawings and supporting materials as may be required 8. If necessary, present our recommendations to the City Council for authorization to permit and bid the project 9. Submit plans to jurisdictional agencies for appropriate construction permit(s) 10. Make minor revisions as may be required to facilitate jurisdictional approvals and permit(s) B. Construction Documents Following approval, we will: 1. Finalize the graphic and written documentation that will be used to bid and construct the improvements including: a. digital drawings b. written specifications and project manual c. other bid documents 2. Update the opinion of probable construction cost 3. Update the preliminary construction strategy 4. Review the documents with City Staff 5. Make minor revisions as may be required C. Bidding and Negotiation Following approval from you, we will: 1. 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 regarding 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 Festival Park,Part B Page 3 of 3 Alai'5,2005 Standard Hourly Rates City of Elgin Festival Park, Part B Fee Estimate Hitchcock Design Group Activity Description Hourly Rate LDR Project Leadership officer oversight, meetings,presentations S 145.00 MGT Project Management staffing, coordination, administration S 100.00 PLN Project Planning conceptual function, organization $ 90.00 DES Project Design technical and appearance issues S 85.00 DOC Project Documentation graphics and document production S 60.00 SUP Project Support clerical and secretarial S 55.00 F.loin Rivef•ont Page I of I April 8.2005 Hitchcock Design Group Time City of Elgin Festival Park, Part B Fee Estimate Hours LDR MGT PLN DES DOC SUP sub-tot 145 100 90 85 60 55 1 PHASE 1 PLANNING A Program,Research,Analysis 1 Kick off meeting 4 8 12 2 Photo site,limited survey 2 8 10 3 Soil testing 4 4 4 Base map 4 16 20 Sub-total hours 4 18 0 8 16 0 46 Sub-total fee $580 $1,800 $0 $680 $960 $0 54,020 B Schematic Design 1 Schematic design 4 16 24 24 68 2 Cost opinion 2 8 10 3 Reviews 4 4 4 12 4 Refinements 2 8 8 18 Sub-total hours 8 24 0 44 32 0 108 Sub-total fee $1,160 $2,400 $0 53,740 $1,920 $0 $9,220 LDR MGT PLN DES DOC SUP sub-tot 145 100 90 85 60 55 11 PHASE II DESIGN & ENGINEERING SERVICES A Design Development 1 Finalize design/engineering 16 40 240 296 2 Document production 16 240 8 264 3 Quantity and cost opinion 8 16 24 4 Outline specifications 8 32 4 44 5 Construction strategy 1 4 1 6 6 Reviews 4 24 16 8 52 7 Revisions 4 16 60 40 2 122 8 Council presentation 4 8 4 16 9 Agency submittals 24 32 2 58 10 Permit facilitation 24 16 2 42 Sub-total hours 29 172 0 364 340 19 924 Sub-total fee $4,205 $17,200 $0 $30,940 $20,400 S1,045 573,790 Fcsti al Park.Part B Page I of 2 Slur i,200? B Construction Documents 1 Contract documents 4 56 240 240 24 564 2 Cost opinion 8 12 20 3 Construction schedule 8 8 4 Staff review 4 24 8 4 40 5 Revisions 16 40 40 96 Sub-total hours 8 112 0 300 284 24 728 Sub-total fee $1,160 $11,200 $0 $25,500 $17,040 $1,320 $56,220 C Bidding and Negotiation 0 1 Document reproduction 24 40 8 72 2 Recommend contractors 2 1 3 3 Advertisement 2 1 3 4 Pre-bid meeting 8 12 16 1 37 5 Questions and clarifications 40 56 16 8 120 6 Bid review and tabulation 16 8 8 2 34 7 Council presentation 4 8 4 16 Sub-total hours 4 100 0 76 84 21 285 Sub-total fee $580 $10,000 $0 $6,460 $5,040 $1,155 $23,235 Festival Park,Part B Page 2 of 2 Afar 5,200.1 Consultant Fee Summary City of Elgin Festival Park, Part B Fee Estimate Fountain PHN Hugh Hey and Technology Architects Lighting Terracon Landmark Assoc. Patrick Engineering Inc. fountain architect lighting geotech survey hydro civil strctural electrical Sub-tot 1 PHASE I PRELIM PLANNING A Program.Research,Analysis 506 1074 135 2565 3500 158 732 300 387 9356 B Schematic Design&Engineering 2025 4294 540 630 2928 1200 1548 13165 Sub-totals $2,531 $5,368 $675 $2,565 $3,500 $788 $3,660 $1,500 $1,935 $22,522 II PHASE 11 DESIGN&ENGINEERING A Design Development 7594 16103 2025 2363 10980 4500 5805 49370 13 Construction Documents 5063 10736 1350 1575 7320 3000 3870 32913 C Bidding and Negotiation 1688 3579 450 525 2440 1000 1290 10971 Sub-totals $14,344 $30,417 $3,825 $0 $0 $4,463 $20,740 $8,500 $10,965 $93,254 $16,875 $35,785 $4,500 $2,565 $3,500 $5,250 $24,400 $10,000 $12,900 $115,775 Festival Park,Part B Page I of I Ilan 5, 2005 Summary City of E,;in Festival Park, Part B Fee Estimate HDG consult repro travel mark-up sub-tot I PHASE I PRELIM PLANNING A Program,Research,Analysis 4020 9356 500 150 1501 15527 B Schematic Design&Engineering 9220 13165 1050 150 2155 25740 Sub-totals $13,240 $22,522 $1,550 $300 $3,656 $41,267 II PHASE II DESIGN &ENGINEERING A Design Development 73790 49370 4100 225 8054 135539 B Construction Documents 56220 32913 2700 175 5368 97376 C Bidding and Negotiation 23235 10971 1200 150 1848 37404 Sub-totals $153,245 $93,254 $8,000 $550 $15,271 $270,319 Totals $166,485 $115,775 $9,550 $850 $18,926 $311,586 Festir(it Park,Part B Page 1 of 1 Ahn 5,2005 Schedule CITY OF ELGIN FF,STIVAL PARK, PART B Task Group Estimated Date PHASE I PLANNING A. Research and Analysis May 2005 1. Kick-off meeting 2. Topographic survey 3. Soil borings 4. Base map B. Schematic Design June 2005 1. Concept plan 2. Cost opinion 3. Review 4. Revisions PHASE II DESIGN &ENGINEERING SERVICES A. Design Development July -August 2005 1. Finalize the design 2. Document the design 3. Revise cost opinion 4. Outline specifications 5. Outline construction strategy 6. Reviews 7. Revisions 8. Permit submittals B. Construction Documents August - September 2005 1. Finalize bid/contract documents 2. Update cost opinion 3. Update construction strategy 4. Reviews 5. Revisions Festival Park,Pmt B Page I of 2 Afar 5,2005 C. Bidding and Negotiation October 2005 1. Provide bid/construction documents 2. Recommend contractors 3. Advertise bid let 4. Pre-bid meeting 5. Questions/Addenda 6. Bid tabulation/recommendation 7. City Council presentation Under normal circumstances,the Hitchcock Design Group team prefers to advance the proposed scope of services in a continuous and timely manner in general conformance with this preliminary schedule. However,because of many factors that sve cannot control,such as illness,third party actions and political considerations, it is impossible for us to guarantee completion of these services by a specific date. We will update this schedule,from time to time,as the project advances in order to reflect the most recent information. Festival Park,Part B Page 2 of 2 Adak 5,2005 e C Its/ Of Elgin . Agenda Item No. I May 6, 2005 TO: Mayor and Members of the City Council FROM: Olufemi Folarin, City Manage ECONOMIC GROWTH Raymond H. Moller, Director o Economic Development &Business Services SUBJECT: Third Amendment to the Purchase of Service Agreement with Hitchcock Design Group for Festival Park Design Development and Construction Documentation. PURPOSE The purpose of this memorandum is to provide the Mayor and members of City Council with information to consider the approval of a third amendment to the PSA with Hitchcock Design Group for Festival Park Phase II for design development and construction documentation. RECOMMENDATION It is recommended that the City Council approve a third amendment to the PSA with Hitchcock Design Group (HDG) for Festival Park Phase II design development and construction services in the amount of$311,586. BACKGROUND On June 11, 2001, the City entered into an agreement with HDG for design and engineering services related to Festival Park and the Metra west bank projects. The contract was for a not-to- exceed amount of $598,631. On May 22, 2002, the City Council amended the original agreement with HDG. The amendment authorized HDG to coordinate issues related to resolve compensatory storage issues at Festival Park and off site locations relating to the development of the Par Town Home and Condominium Project located on South Grove Avenue. The amendment was for the amount of $74,700. On April 13, 2005 , the City Council approved a second amendment to the HDG PSA for construction services in the amount of$39,600. On October 8, 2003, May 12, 2004, and July 14, 2004, the City Council authorized the award of various construction contracts for the Festival Park Phase I improvements. The construction contracts awarded totaled $2,316,848. 0 r Hitchcock Design Festival Park 3`d Amendment May 6, 2005 Page 2 The cost to construct all of the remaining improvements for Festival Park that were illustrated in the 2001 schematic plan is approximately $7.OM. For 2005, City staff has identified approximately $4.5M to construct many of the more exciting features for the park that include: 1. A prominent gateway that will welcome visitors and link the park to the adjacent neighborhood. 2. An interactive fountain that will anchor the north end of the park. 3. A large children's play area that will attract families to the area. 4. Utility (water & electric) bollards in the great lawn area to support vendors during festivals. 5. Landscaped gardens that will unify the various features. 6. Restroom and storage facilities to support the attractions. HDG's role will be to finalize the design for the Phase II improvements for bidding and construction. HDG will provide these services as further described in the attached scope of services for a not to exceed fee of$311,586. At the conclusion of the Phase 11 work, the City will have received the following design and engineering services: 1. Permits from the City of Elgin and other jurisdictions. 2. Construction documents and cost opinions. 3. Bid results and contract award recommendations. As the design advances and the scope, scale and complexity of the proposed improvements are confirmed, HDG will update their proposal to include Construction Phase Services. Based on recent riverfront projects, HDG estimates that Construction Phase Services will be about 3% of the budget, or approximately $180,000. The fee proposed by HDG for design and construction documents is consistent with fees charged by HDG for previous riverfront projects. The schedule for the implementation of the proposed contract is as follows: 1. Planning May 2005 2. Schematic Design June 2005 3. Final Design and Engineering July/August 2005 4. Construction Documents August/September 2005 5. Bidding and Negotiations October 2005 ew � J Hitchcock Design Festival Park 3`d Amendment May 6, 2005 Page 3 COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None FINANCIAL IMPACT The total cost associated with the amendment for HDG is $311,586. The total budget for Festival Park (project number 039520) is $5,454,682 and includes $2,953,762 from the e Riverboat Fund (275-0000-791.92-32), a 1.0 million State of Illinois DCCA grant, $570,000 (� from the South Grove TIF Fund, $250,000 from Ameren Energy Corporation,$278,553 from the VV Par Development Project# 039519 and $402,367 from a HUD grant. To date, $4.92 million has been spent. The remaining monies required to fund this amendment ($311,586) are available in project 039520. Following approval of this amendment, $222,723 will be available for other Festival Park Improvements. LEGALIMPACT �A third amendment to the PSA with HDG will need to be prepared. ALTERNATIVES 1. Authorize the proposed contract amendment. 2. Choose not to authorize the proposed contract amendment. Respectfully submitted for Council consideration. RHM Attachments q�r ' o�l..r. �t` � fir• � 1 0� • No S; y „�!p•,A I� * ® r '�� PATRICK r \r r 1►'� , fir,