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08-32 Resolution No. 08-32 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH HITCHCOCK DESIGN GROUP FOR THE VETERANS MEMORIAL PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Ed Schock,Mayor,be and is hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Hitchcock Design Group for the Veterans Memorial Project, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: February 13, 2008 Adopted: February 13, 2008 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk Cf9 Resolution No. 08-32 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH HITCHCOCK DESIGN GROUP FOR THE VETERANS MEMORIAL PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,that Ed Schock,Mayor,be and is hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Hitchcock Design Group for the Veterans Memorial Project, a copy of which is attached hereto and made a part hereof by reference. Ed Schock, Mayor Presented: February 13, 2008 Adopted: Vote: Yeas Nays: Recorded: Attest: Diane Robertson, City Clerk 01/11/08 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into this (3th day of February , 2008, 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 "Consultant"). WITNESSETH WHEREAS, the City, the Gail Borden Public Library District and Hitchcock Design Group have previously entered into a Professional Services Agreement dated March 14, 2007, wherein the Consultant had provided to the City and the Gail Borden Public Library District certain professional services related to the planning and design of a teaching gardens and outdoor native habitat restoration project on the Fox River on certain city-owned and library-owned properties; and WHEREAS, the City and the Library have subsequently agreed that the Library will be conveying to the City a portion of the library-owned property for the City to construct a Veterans Memorial; and WHEREAS, the City has determined that it is necessary and desirable to obtain the assistance of a professional consultant to provide for certain professional services in conjunction with the schematic design of the Veterans Memorial and the preparation of certain revisions to the plans for the teaching gardens and outdoor native habitat restoration project for the adjacent city-owned and library-owned properties (such services are hereinafter referred to as the "Veterans Memorial Schematic Design Project"); and WHEREAS, the Consultant is experienced in providing such services for river front 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 City Veterans Memorial Schematic Design Project as set forth in the "Scope of Services" dated January 8, 2008 consisting of four (4) pages, attached hereto and made a part hereof as Attachment A. All work hereunder shall be performed under the direction of the General Services Group Director 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 Attachment A according to the schedule dated January 8, 2008, attached hereto and made a part hereof as Attachment B. 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 Consultant shall have performed and completed all of the services to be provided in this Agreement. 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 in Attachment C attached hereto and made a part hereof by this reference, with the total fees and expenses to be paid consultant not to exceed Thirty-Five Thousand Eight Hundred Dollars ($35,800) 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 for the City. Consultant's time and cost estimates for the various aspects of the services to be performed is set forth in Attachment C 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$35,800. Also included in the above not-to-exceed total fee of $35,800 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. 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. -2- 4. Rights in Results of Services The results of Consultant's services under this agreement including,but not limited,to the deliverables as set forth in Attachment D, 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 of either the City (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 and any project other than the project described herein and the project described in the March 14, 2007 professional services agreement between the City, the Consultant and the Gail Borden Public Library District 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 the City if such services could foreseeable lead to a conflict with Consultant's obligations under this agreement. 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. The 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 and expenses the City are paying to Consultant pursuant to this agreement. -3- 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. 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, prevailing wage, environmental protection statutes and regulations and legal status of employees) 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 a greement 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 -4- 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 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 -5- 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. 17. Additional Provisions This agreement includes those additional provisions contained in Attachments E, F, G and H relating to a tax/collusion/disbarment/prevailing wage affidavit, equal employment commitment guidelines, affirmative action employee utilization, and sexual harassment policy. Such attachments shall be completed by the Consultant concurrently with Consultant's execution of this Agreement. 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 the 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 the City Manager, Olufemi Folarin, and General Services Group Director, David Lawry, City of Elgin, 150 Dexter Court, Elgin, IL 60120. All notices shall be required to be in writing and should be served on the parties at the above listed addresses. A notice to any party shall be served on all parties to this agreement. The mailing of notice by registered or certified mail, return receipt requested, or personal delivery by courier service shall be sufficient service. 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. -6- 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 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. -7- 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 OOFF ELGIN HITCHCOCK DESIGN GROUP � ��fr. / B B Y Mayor 'chard G. Hitchcock President Attest: cs— City Clerk F:Legal Dept\Agreement\PSA-Veterans Memorial-Hitchcock Design.doc -8- 1.11 Hitchcock Design Group Creating Better Places" Scope of Services Attachment A Phase I—Planning(Basic Services) A. Opportunity Analysis We will: I. Conduct an administrative kick-off meeting with City and Library representatives and the consultant team members confirming: a. project limits,ownership and access b. goals and objectives c. constituent interests d jurisdictional agencies e. budgeted costs and potential revenue sources f. team responsibilities g. communications protocol h. decision making i. tentative schedule j. invoicing and payment k. other administrative considerations 2. Confirm a public involvement and decision making strategy/protocol including confirmation of the ad hoc Project Task Force to actively participate in the decision making process. Probable members include: a. City Manager b. City General Services Manager,David Lawry c. City Project Manager,Jim Bell d. City Community Development Director,Jerry Deering e. City Attorney,William Cogley f. Gail Borden Library Executive Director,Carol Medal g. HDG and consultant team representatives h. representatives of the Veteran's Memorial Committee i. Mayor Schock and designated City Council representative(s) j. Downtown Neighborhood Association representatives k. Riverfront Action Committee representatives I. jurisdictional agency representatives m. other City department representatives(Planning,Parks and Recreation,Police,Fire) 3. Based on the previously prepared library property master plan by HDG and the Veteran's Memorial concept prepared by others,prepare a conceptual construction budget guideline,using systems costs for comparable,recently constructed projects. 4. Observe and photograph the project area and immediate surroundings in order to identify readily apparent physical conditions and patterns of use. 5. Compile 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. hydraulic models g. pending improvement plans h. utility atlases i. electrical systems in the project area j. other power and communication utilities City of Elgin Page 1 of 4 January 8,2008 Veterans Memorial,Teaching Gardens,and Habitat Restoration 6. Using the compiled data,prepare base maps at appropriate scales. 7. Prepare and distribute a concise Opportunity Analysis memorandum,that summarizes the research and programming information,including: a. geographic limits and scope of work b. organization and stakeholder involvement c. project goals and objectives d. project theme and desired program elements e. project budget f. summary of existing project area data g. summary of existing conditions information h. summary of jurisdictional requirements i. summary of planning and design criteria/requirements j. identification of additional survey,research and analysis necessary(additional research and analysis not described in this scope of services will be considered additional services) B. Library/Teaching Garden Master Plan Revision Based on the Opportunity Analysis and subsequent input from the Task Force,we will: 1. Prepare a revised conceptual master plan for the Library and Riverfront which includes appropriate plan views,sections,elevations and other graphic images to illustrate the organization,scale and character of the improvements such as: a. columns,walls,flag poles,fountain and other improvements consistent with the proposed Veteran's Memorial b. walls,exhibits,structures and other improvements consistent with the proposed Gail Borden Public Library Teaching Garden Master Plan c. other pedestrian linkages including access to the river edge d. revisions to parking and other vehicular surfaces,if necessary e. shoreline treatment,environmental and other sustainability considerations f. landscaped areas g. furnishings and other pedestrian amenities h. lighting 2. Prepare a preliminary construction cost opinion based on recognized systems costs for the master planned improvements including segregated costs for the Veteran's Memorial. 3. Review the conceptual master plan and cost opinion with the Project Task Force. 4. Prepare a brief summary report using appropriate graphics,text and data outlining: a. research and analysis of existing conditions and procedures b. program goals,objectives and priorities c. revised library/riverfront master plan d. preliminary construction cost opinions e. implementation strategy 5. Review the summary report with the Project Task Force 6. Refine the summary report as necessary and distribute to the Task Force. 7. Review our master plan with representatives of the Grand Victoria Foundation and obtain guidance and required documents for the grant submittal. C. Veteran's Memorial Schematic Design Based on the Opportunity Analysis,Master Plan Revision and subsequent input from the Task Force,we will: 1. Advance the schematic design for the Veteran's Memorial portion of the master plan including the refined organization,scale and character of: a. site grading b. walks,terraces and other paved surfaces c. walls,columns and other landscape structures d. parking lot modifications,if necessary e. shoreline stabilization f. landscaped areas g. furnishings and other pedestrian amenities City of Elgin Page 2 of 4 January 8,2008 Veterans Memorial,Teaching Gardens,and Habitat Restoration h. exhibits and sign graphics i. lighting 2. Prepare a preliminary implementation strategy to complete final design and engineering and to construct the proposed Veteran's Memorial improvements including: a. outline specifications b. updated construction cost opinion c. construction funding d. construction delivery method e. required approvals and permits f. tentative schedule 3. Review the Veteran's Memorial schematic design,technical requirements and implementation strategy recommendations with the Project Task Force. 4. Refine our recommendations as may be required. 5. Prepare a brief summary report using appropriate graphics,text and data outlining: a. research and analysis of existing conditions and procedures b. program goals,objectives and priorities c. revised library/riverfront master plan,if appropriate d. Veteran's Memorial schematic design e. preliminary construction cost opinions f. implementation strategy 6. Review the summary report with the Project Task Force. 7. Refine as necessary and submit to staff for distribution to City Council. General Project Administration We will manage the performance of our own work throughout the term of the contract by providing the following services: A. Communications 1. Schedule,create agendas and summarize the highlights of periodic meetings. 2. Rehearse,attend and present at public forums identified. 3. Collect and disseminate communications from other parties. 4. Periodically inform your representative about our progress. B. Schedules 1. Create,periodically update and distribute the project schedule. 2. Coordinate the activities of our staff and our consultants. C. Staffing 1. Select and assign staff members and/or consultants to appropriate tasks and services. 2. Prepare and administer consultant agreements. D. File Maintenance 1. Establish and maintain appropriate correspondence,financial,drawing and data files. 2. Obtain appropriate insurance certificates from consultants. 3. Maintain appropriate time and expense records. Additional Services We may provide additional services that are not included in the Basic Services,such as,but not limited to: 1. The services related to additional hydraulic analysis and environmental evaluation if required by the permitting agencies. 2. Revisions to previously-completed and approved phases of the Basic Services. 3. The services of additional consultants. City of Elgin Page 3 of 4 January 8,2008 Veterans Memorial,Teaching Gardens,and Habitat Restoration 4. Meetings with you or presentations to other parties not specified in the Basic Services. 5. Detailed quantity estimates and/or construction cost opinions using data or formats other than our own. 6. Detailed written summaries of our work or our recommendations. 7. Services rendered after the time limitations set forth in this contract. 8. Services required due to the discovery of concealed conditions,actions of others,or other circumstances beyond our control. 9. Services required to restart the project if you suspend our work at your convenience for more than 90 days during the performance of our services. 10. Preparation of segregated or multiple contract bid sets or more than one owner/contractor agreement. 11. Services rendered after Final Acceptance of the Contractor's work or services rendered more than 60 days after Substantial Completion of the Contractor's work. Authorization If circumstances arise during our performance of the services outlined which we believe require additional services, we will promptly notify you about the nature,extent and probable additional cost of the additional services,and perform only such additional services following your written authorization. City of Elgin Page 4 of 4 January 8,2008 Veterans Memorial,Teaching Gardens,and Habitat Restoration Hitchcock Design Group ATTACHMENT B Creating Better Places' Schedule Estimated Time Frame Phase 1-Planning A. Opportunity Analysis January 2008 I. Kick-off meeting 2. Confirm public involvement strategy 3. Prepare preliminary construction budget guideline 4. Observe,photograph site 5. Compile existing conditions data 6. Prepare base maps 7. Prepare and distribute Opportunity Analysis Summary B. Library/Teaching Master Plan Revision February 2008—April 2008 1. Prepare revised conceptual master plan 2. Prepare preliminary cost opinions 3. Project Task Force review meeting 4. Prepare brief summary report 5. Project Task Force review meeting 6. Refine summary report 7. Grand Victoria Foundation grant submittal review C. Veteran's Memorial Schematic Design February 2008—March 2008 1. Advance schematic design 2. Prepare preliminary implementation strategy 3. Project Task Force review meeting 4. Refine our recommendations as required 5. Prepare brief summary report 6. Review summary report with Project Task Force 7. Revise and submit final summary report D. Design Development/Construction Documentation/Bidding April 2008—May 2008 E. Construction Administration(6 months of construction) May 2008—October 2008 Under normal circumstances,the Hitchcock Design Group team prefers to advance the proposed scope of services in a continuous and timely manner in general conformance with this preliminary schedule. However,because of many factors that we cannot control,such as illness,third party actions and political 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. City of Elgin Page 1 of 1 January 8,2008 Veterans Memorial,Teaching Gardens,and Habitat Restoration .. �. -- 0 Hitchcock Design Group ATTACHMENT C c:realit1g[letter l'le5Ces' Professional Fees • _Hitchcock Design Group Fees LDR MGT PLN DES DOC SUP CADM COBS sub-total $185 $135 $125 $115 $80 $70 $125 $105 Planning A.Opportunity Analysis I Kick off meeting 3 3 6 2 Public involvement strategy 1 1 3 Prelim cost opinion 4 4 8 4 Photograph site 2 2 5 Compile existing data 2 2 6 Prepare base maps 4 4 7 Opportunity analysis memo _ 1 4 4 I 10 Sub-total hours _ 1 14 0 9 8 1 0 0 33 Sub-total fee _S 185 S 1,890 S - $ 1,035 S 640 S 70 S - $ - $ 3,820 B.Library Master Plan Rev - I Conceptual master plan - I 2 24 24 1 52 2 Preliminary cost opinions - 4 4^ 8 3 Task force review meeting - 3 3 3 1 10 4 Prepare summary report - 1 4 16 8^ 1 30 5 Task force review meeting - 3 3 3 9 6 Refine report - I 4 4, 9 7 Grand Victoria review 3 36 , Sub-total hours . 11 20 0 50 40 3 0 0 124 Sub-total fee S 2,035 S 2,700 S - S 5,750 S 3,200 S 210 S - S - $ 13,895 C.Veteran's Memorial Schematic I Schematic design _ 1 2 16 16 1 36 2 Prelim implementation strategyL 4 4 3 Task force review meeting 3 3 3 9 4 Refine schematic design _ 1 8 8 17 5 Prepare summary report 1 4 16 8 1 30 6 Task force review meeting _ 3 3 3 9 7 Refine and submit report _ 1 4 4 9 Sub-total hours _ 9 21 0 46 36 2 0 0 114 Sub-total fee S 1,665 S 2,835 S - S 5,290 S 2,880 S 140 S - S - S 12,810 Planning Total: S 30,525 City of Elgin Veterans Memorial,Teaching Gardens,and Habitat Restoration Page I of 3 January 8,2008 Hitchcock Design Group creating Better Places' Professional Fees Consultants 'Tetracon Hey Civil Primera Planning A.Opportunity Analysis I Kick off meeting S - $ - $ 300 $ 300 2 Public involvement strategy _S - $ - $ - $ - 3 Prelim cost opinion $ - $ - $ - $ - 4 Photograph site $ - S - $ - S - 5 Compile existing data S - S - $ - 5 500 6 Prepare base maps S - S - _S - S - 7 Opportunity analysis memo S - S - $ 500 5 500 Sub-total hours Sub-total fee S - S - $ 800 S 1,300 B.Library Master Plan Rev 1 Conceptual master plan S - S - S - $ - 2 Preliminary cost opinions $ - S - $ - S - 3 Task force review meeting -S - S - S - $ - 4 Prepare summary report S - 5 - S - $ - 5 Task force review meeting S - S - $ - S - 6 Refine report S - $ - $ - $ - 7 Grand Victoria review S - $ - $ - $ Sub-total hours Sub-total fee S - $ - $ - $ - C.Veteran's Memorial Schematic I Schematic design S - $ - S - S - 2 Prelim implementation strategy $ - $ - $ - S - 3 Task force review meeting $ - S - S - S - 4 Refine schematic design S - S - $ - S - 5 Prepare summary report S - S - 5 500 S 500 6 Task force review meeting $ - S - S - $ - 7 Refine and submit report S - $ - S - S - Sub-total hours Sub-total fee 15 - f S - S 500 S 500 $ - I S - l S 1,300 S 1,800 City of Elgin Veterans Memorial,Teaching Gardens,and Habitat Restoration Page 2 of 3 January 8.2008 1 Hitchcock Design Group Creating Better Places* Professional Fees Expenses service travel other bureau Planning A.Opportunity Analysis 1 Kick off meeting S - $ 60 $ - - 2 Public involvement strategy $ - S - $ - 3 Prelim cost opinion $ 50 $ - $ - 4 Photograph site $ - $ - $ - 5 Compile existing data $ - $ - $ - 6 Prepare base maps S 50 S - $ - 7 Opportunity analysis memo $ 50 $ - $ - Sub-total hours Sub-total fee S 150 S 60 S - B.Library Master Plan Rev I Conceptual master plan $ 100 $ 60 $ - 2 Preliminary cost opinions S - $ - S - 3 Task force review meeting $ - S 60 S - 4 Prepare summary report $ 100 $ - S - 5 Task force review meeting S - $ - $ - 6 Refine report $ - $ - $ - 7 Grand Victoria review _$ - $ - $ - Sub-total hours Sub-total fee $ 200 S 120 S - C.Veteran's Memorial Schematic 1 Schematic design $ - S - 2 Prelim implementation strategy $ - $ - $ - 3 Task force review meeting $ 100 $ 60 S - 4 Refine schematic design $ - $ - S - 5 Prepare summary report $ 300 $ - $ - 6 Task force review meeting $ - $ 60 S - 7 Refine and submit report _$ 400 $ - $ - Sub-total hours Sub-total fee [S 800 I S 120 $ - LS 1,150 I$ 300 S - City of Elgin Veterans Memorial,Teaching Gardens,and Habitat Restoration Page 3 of 3 January 8,2008 • Hitchcock Design Group Creating Better]'laces' Fee Proposal Summary • HDG Terracon Hey Civil Primera Expenses Markup Subtotal A.Opportunity Analysis S 3,820 $ - $ - S 800 $ 1,300 $ 210 $ 347 $ 6,477 B.Library Master Plan Rev $ 13,895 $ - S - $ - $ - $ 320 $ 48 $ 14,263 C.Veteran's Memorial Schematic $ 12,810 $ - $ - $ 500 $ 500 $ 920 $ 288 $ 15,018 TOTAL $30,525 $ - $ - S 1,300 S 1,800 $ 1,450 $ 683 $ 35,758 Total excluding master plan revision $ 16,630 $ - $ - $ 1,300 $ 1,800 $ 1,130 $ 635 S 21,495 City of Elgin Veterans Memorial,Teaching Gardens,and Habitat Restoration Page I of 1 January 8,2008 • Hitchcock Design Group Creating Better Places' Standard Rates Effective April 1, 2007 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 eight different activities based on the complexity and the experience required to perform each activity. Our eight current activity rates are: Project Leadership $185.00/1u. Project Management $135.00/hr. Construction Administration $125.00/hr. Project Planning $125.00/hr. Project Design $115.00/hr. Construction Observation $105.00/hr. Project Documentation $80.00/hr. Project Support $70.00/hr. Other Project Expenses In addition to our standard hourly rates,we invoice authorized sub-consultant fees,service bureaus,travel and reproduction expenses,at our cost plus a 15%mark up. Hitchcock Design Group ATTACHMENT D Creating Better Places` Deliverables Phase I-Planning A. Opportunity Analysis 1. Meeting summaries(pdf file,copies) 2. Preliminary construction budget(pdf file,copies) 3. Base map(ACAD 2004 file,5-24x36 prints) 4. Summary memorandum(pdf file,5 reports) B. Library/Teaching Master Plan Revision 1. Meeting summaries(pdf file,copies) 2. Conceptual master plan progress drawings(pdf file,24x36 prints&11x17 B&W copies) 3. Preliminary cost opinion(pdf file,copies) 4. Summary report(pdf file, 12 color copies) C. Veteran's Memorial Schematic Design 1. Meeting summaries(pdf file,copies) 2. Schematic design progress drawings(pdf file,copies) 3. Construction cost opinion(pdf file,copies) 4. Preliminary implementation strategy memorandum(pdf file,copies) 5. Summary report(pdf file, 12 color copies) City of Elgin Page 1 of 1 January 8,2008 Veterans Memorial,Teaching Gardens,and Habitat Restoration ATTACHMENT E CITY OF ELGIN, ILLINOIS TAX/COLLUSION/DEBARMENT/PREVAILING WAGE AFFIDAVIT State of Illinois ss. County of DuPage Richard G. Hitchcock , being first duly sworn, deposes and says: That s/he is President 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 5/33E-3 or 5/33E-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. The bidder also certifies that it shall comply,where applicable,with the Prevailing Wage Act 820 ILCS 130/0.01 et seq. Signature of Bidder,if an individual: OFFICIAL SEAL SHEILA BUSHONG NOTARY PUBLIC,STATE OF ILLINOIS Ai/C:MMISSION EXPI'�S 12-29-200; Signature of Bidder, if a partnership: pr I 4.4 ubscribed and yyvprn to b o e me this day of 20 D$ Signature of Bidder, if a corporation: My comm ss o expires: 001 /Z/z 9/° President Secretary ATTACHMENT F CITY OF ELGIN, ILLINOIS, EQUAL EMPLOYMENT WRITTEN COMMITMENT GUIDELINE 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. 8. Clearly state the bidder agrees that: "Bidder(company name) shall not discriminate against any employee or applicant on the basis of race, color, religion, sex, national origin, age, place of birth, ancestry, martial status, or disability (physical or mental) which will not interfere with the performance of the job in question." 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 Indians: all persons having origins in any of the original peoples of North America who maintain cultural identification through tribal affiliation or community recognition ATTACHMENT G CITY OF ELGIN, ILLINOIS, BIDDER'S EMPLOYEE UTILIZATION FORM This report is required by the City of Elgin and must be submitted before the contract can be awarded. Chapter 3.12.1000 Affirmative Action- City Contracts 1. Name and Address of Bidder Description of Project 221 W.Jefferson Ave. Elgin Riverfront Naperville, IL 60540 Veteran's Memorial Library Teaching Gardens JOB Total Whites Blacks Hispanics Asians or American Minority Female CATEGORIES Employees Pacific Indians (M&F) (All Islanders Categories) M / F M / F M / F M / F M / F M / F % Example: 18 3 5 3 2 4 1 55.6% 44.4% Managers (10/18) (8/18) Off icer s&1- - Mgrs 13 / 2 1: 2 Profess. 17 / 11 16 10 1 1 Sales Workers _ 2 _ 2 Office & Clerical _ 3 3 Laborers (unskilled) 3 .3 _ TOTALS 33 / 18 32 17 1 1 Sig a re o o icial Title Telephone Number Date Signed Page President 630-961-1787 of 2. Have you ever been awarded a bid by the City of Elgin? X Yes No 3. If the answer to question#2 is Yes,please submit a copy of the Employee Utilization Form that was submitted with your last successful bid along with a fully completed copy of this form. 4. If the statistical data provided above shows underutilization of minorities and/or females, please submit, according to the guideline provided in the attached document, a written commitment to provide equal employment opportunity. NOTE: In the event that a contractor or vendor, etc., fails to comply with the fair employment and affirmative action provisions of the City of Elgin, the City, amongst other actions, may cancel, terminate, or suspend the contract in whole or in part. ATTACHMENT H City of Elgin, Illinois Sexual Harassment - - Policies and Programs Effective July 1, 1993, every party to any contract with the City of Elgin and every eligible bidder is required to have written sexual harassment policies that include, at a minimum, the following information: • the illegality of sexual harassment • the definition of sexual harassment under state law • a description of sexual harassment,utilizing examples • a vendor's internal complaint process including penalties and a description of the means by which complaining parties may complain directly to management personnel other than the alleged harassing individual • the legal recourse, investigative and complaint process available through the Illinois Department of Human Rights,and the Illinois Human Rights Commission • directions on how to contract the department and commission • 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 fourth 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 Date 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 an 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 an 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. The undersigned, on behalf of the undersigned company, hereby agrees to fully indemnify and hold the City of Elgin harmless from any and all liability, loss or damage including costs of defense or claim, demands, costs of judgment against it arising from any complaint based on unlawful harassment and/or employment action, including, but not limited to termination,based on any protected category as provided by law, including,but not limited to, sexual harassment, resulting from the act of any member of my organization in the performance of this contract. Signature/Title ie. Company _ Date January 18, 2008 TO: Mayor and Members of the City Council .--r FROM: Olufemi Folarin, City Manager David Lawry, General Services Director SUBJECT: Agreement with Hitchcock Design Group for the Veterans Memorial Project PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider approving an agreement with Hitchcock Design Group for master plan revisions and schematic design services for the Veterans Memorial for a lump sum amount of $35,800. RECOMMENDATION It is recommended that the City Council approve an agreement with Hitchcock Design Group for the not-to-exceed lump sum amount of$35,800 for completion of a revision to the Gail Borden Library master plan and of a schematic design of the Veterans Memorial. BACKGROUND In 2007, the Hitchcock Design Group, at the direction of the Gail Borden Library, completed a master plan for library riverfront to establish Outdoor Learning Gardens and shoreline enhancements. Concurrently and independently, the Veterans Memorial Committee was working to complete the design of the Veterans Memorial to be constructed at another site. The City of Elgin, Gail Borden Library and Veterans Memorial Committee have agreed that the planned memorial will be constructed along the riverfront adjacent to the Gail Borden Library. The schematic design for the Veterans Memorial will be completed first at a cost of $21,500. Because of the new location, the completed library master plan will need to be revised to provide for the addition of the Veterans Memorial at a cost of $14,300. This additional work will be completed after the Veterans Memorial Schematic is finalized. The attached agreement lays out the work items needed to accomplish the schematic design. It is planned that the schematic design services will be completed in March of 2008. Upon completion of the schematic design, an appropriate construction strategy can be developed. Construction completion and dedication of the Veterans Memorial is anticipated for November Agreement with Hitchcock Design Group for the Veterans Memorial January 18, 2008 Page 2 11, 2008. Hitchcock Design Group was selected solely for this work given their experience completing the library master plan. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Gail Borden Library, Veterans Memorial Committee FINANCIAL IMPACT The contract with Hitchcock Design Group is not to exceed $35,800. Funds for the award are located in the Riverboat Fund, account number 275-0000-791.9236, "Buildings and Structures," project number 039666, Veterans Memorial, ($750,000 budgeted and $728,620 available). LEGAL IMPACT Approval of this agreement is considered an exception to the procurement ordinance and a two- thirds vote by City Council will be required. ALTERNATIVES 1. The City Council may choose to approve the agreement with the Hitchcock Design Group in the amount not to exceed $35,800. 2. The City Council may choose not to approve the agreement with Hitchcock Design Group. Respectfully submitted for Council consideration. JTB Attachment • • \ OFftCi Memorandum ¢`y�' 0. "# City of Elgin Date: July 17, 2007 To: Honorable Members of the Veteran's Memorial Committee From: William A. Cogley, Corporation Counsel Sean R. Stegall, Assistant City Manager Jerry Deering, Community Development Group Director Subject: Veteran's Memorial Project Introduction The purpose of this memorandum is to provide additional information to the members of the Veteran's Memorial Committee (`the committee') concerning several issues related to the Veteran's Memorial Project (`the memorial'). The memorial is slated for construction at the former public work site. Background dek For the past two years the committee was been working diligently on the memorial and has made significant progress in the areas of fundraising and project design. During this period, City Staff has also been engaged in the demolition of the former public works and salvage properties, environmental remediation of the site and conducted a preliminary analysis of the potential redevelopment of the larger area. As the committee prepared to solicit construction proposals for the memorial, additional information concerning scheduling issues including soil contamination has arisen which will alter the schedule for the project. Environmental & Site Configuration Concerns On June 28, 2007 the City received from its environmental consultant Terracon, Inc. the property investigation report for the former public works site. Portions of this report including a map identifying areas of contamination are attached. The report indicates that areas of elevated soil contamination must be addressed prior to development of the site. The City is seeking to clean-up this and other adjacent city-owned properties through a state program known as the Illinois Site Remediation Program. The Illinois Site Remediation Program will result in a no further remediation letter issued by the Illinois Environmental Protection Agency. The Site Remediation Program process involves the City investigating a property, submitting reports to the Illinois Environmental Protection Agency, physical clean-up of the property and subsequent reporting to the Illinois Environmental Protection Agency. The ry► City currently expects to complete the physical clean-up of the property in 2008 with the final sign-off from the Illinois Environmental Protection Agency on this property to occur at the end r of 2008. The City has also previously retained a land planning consultant Land Vision to prepare a development plan for the former public works site and the other adjacent city-owned properties to the north. The city intends to proceed with further land planning activities for the eventual development of this property. The city intends to conduct these land planning activities concurrently with the environmental remediation of the public works and other adjacent properties and hopes to complete these land activities with the selection of a developer in 2008 with construction to begin in the spring of 2009. The proposed dimensions of the memorial (100x100) are in need of further review as it relates to its setting within the larger riverfront park development. According to the city's land planning consultant (Land Vision) the memorial would be prominent if it was located slightly further to north at the terminus of Cherry Street. By placing the memorial at this location, the memorial would be a prominent feature of the landscape for those traveling west into the neighborhood and park. For this reason and for the purposes of creating a pedestrian friendly park that will host the memorial, a more linear design (e.g. 50 feet x150 feet) may be necessary. This issue would not delay project and should not dramatically alter the previously approved design. Veteran's Memorial Project Construction Schedule Due to the environmental remediation issues and other issues described above, the following is a suggested revised schedule for the Veteran's Memorial Project: Selection of Design Build June, 2008 Construction Firm Ceremonial November, 2008 Groundbreaking for the Memorial City Council awarding of Spring, 2009 construction bids Memorial Ribbon-Cutting November, 2009 Alternative Option If the committee finds the revised schedule to be unacceptable the City Council remains open to recommendation from the Veteran's Memorial Committee that would relocate the project to a to- be-determined alternative location. While the Council remains committed to the present site, they also appreciate the strong desire by the committee to see the project begin as quickly as possible. There are several sites in the community where immediate construction is possible. Summary In conclusion, the staff and City Council are fully committed to the project and appreciate your understanding as it relates to the unavoidable environmental issues and other scheduling issues at the present site. The staff will continue with its effort to remediate the site as quickly as possible. If the committee would like to entertain the possibility of relocating the project—that recommendation should be brought forward by the committee. Thank you. F COMPREHENSIVE SITE INVESTIGATION AND REMEDIATION OBJECTIVES REPORT FORMER ELGIN PUBLIC WORKS YARD SITE 40 ANN STREET ELGIN, ILLINOIS Terracon Project No. 11067043 Prepared for the: City of Elgin Elgin, Illinois r Prepared by: lrerracon 135 Ambassador Drive Naperville, Illinois 60540 June 27, 2007 June 27, 2007 li erracon Mr. Ray Moller Director of Economic Development City of Elgin 150 Dexter Court Elgin, IL 60120 Re: Comprehensive Site Investigation/Remedial Objectives Report Former Public Works Yard 40 Ann Street Elgin, Illinois Project No. 11067043 Dear Mr. Moller: Terracon appreciates the opportunity to have been of continued service to you for the above referenced project. This Comprehensive Site Investigation Report (CSIR) summarizes the investigation procedures and the laboratory analytical results of the samples collected during the subsurface investigation conducted at the above referenced site. Also included is the Remediation Objectives Report (ROR) which establishes the remediation objectives (ROs) to be applied to the Site. This combination report has been completed in an effort to move the site toward a No Further Remediation letter under the Illinois Site Remediation Program (SRP). Based upon Terracon's field observations and the laboratory analytical data, elevated concentrations of volatile organic compounds (VOCs), polynuclear aromatics (PNAs), and inorganics were encountered in soil at the site above one or more of the Tier 1 Soil Remediation Objectives (SROs). Groundwater analytical results indicate minimal c roundwater impact at the site. Two metal constituents were found at concentrations slightly exceeding the Class I Groundwater Remediation Objectives (GROs). If you should have any questions regarding this report or project, please do not hesitate to contact the undersigned at 630-717-4263. Sincerely, TES ON /44�,�,�Aar' Marcia R. Sivek hn M. Nardozzi, P.E. 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