Loading...
08-69 • J Resolution No. 08-69 RESOLUTION AUTHORIZING EXECUTION OF AMEND ENT NO. 1 TO THE ENGINEERING SERVICES AGRE m MENT WITH HITCHCOCK DESIGN GROUP F 0 R THE RIVERSIDE DRIVE PLAZA PR 0 JECT BE IT RESOLVED BY THE CITY COUNCIL OF TH: CITY OF ELGIN,ILLINOIS,that Olufemi Folarin, City Manager and Diane Robertson, City Cle I , be and are hereby authorized and directed to execute a First Amendment Agreement to the En:,ineering Services Agreement with Hitchcock Design Group for the Riverside Drive Plaza Project, opy of which is attached hereto and made a part hereof by reference. s/ Ed .chock Ed Sc i ock, Mayor Presented: March 12, 2008 Adopted: March 12, 2008 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk FIRST AMENDMENT TO PROFESSIONAL SE 'VICES AGREEMENT THIS FIR T AMENDMENT AGREEMENT made and ntered into this \__DA day of r , 2008, by and between the City of Elgin, an Illinois Municipal Corporation (hereinafter re erred to as the "CITY"), and Hitchcock Desi_$ Group, an Illinois corporation, (hereinafter referred to as the"CONSULTANT"). WITNES SETH WHEREAS, the parties hereto have previously entered into a PROFESSIONAL SERVICES AGREEMENT dated February 28,2007,attached hereto as A .chment"A" (hereinafter referred to as"ORIGINAL AGREEMENT"); and WHEREAS, ORIGINAL AGREEMENT provided for a maxi um payment of$183,945; and WHEREAS, the parties hereto have each determined it to be in their best interest to amend the ORIGINAL AGREEMENT; and WHEREAS, the CITY has determined that the proposed cope of the PROJECT should be modified to include Phase II — Final Design and Enginee • g services for the Riverside Drive Promenade; and WHEREAS, the circumstances necessitating these changes • performance contemplated by this amendment are germane to the original agreement as signed and this AMENDMENT AGREEMENT is in the best interest of the CITY and is auth • ed by law. NOW, THEREFORE, in consideration of the mutual promis-s and covenants contained herein, and other good and valuable consideration, the sufficie i cy of which is hereby mutually acknowledged,the parties hereto agree as follows: 1. Section 1 of the ORIGINAL AGREEMENT entitled".cope of Work"is hereby amended by adding the following additional text to the end there of which reads as follows: "Consultant shall also perform and direct the necess. qualified personnel to perform the professional services as set forth in the Scope of Se ices document entitled "Riverside Drive Promenade, Phase II—Final Design and Engin:ering" consisting of four(4)pages, attached hereto and made a part hereof as Attachment 'B". 2. Section 2 of the ORIGINAL AGREEMENT entitl•d "Time Schedule and Term" is hereby amended by adding the following additional te• t to the end thereof which reads as follows: "The Consultant's responsibility to provide the servic;s in Attachment B shall commence as of February 13, 2008 and shall continue through d e completion of the project as set forth in the Preliminary Schedule document entitled 'Riverside Drive Promenade, Phase II—Final Design and Engineering" consisting of one 1) page, attached hereto and made a part hereof as Attachment"C". 3. Section 3 of the ORIGINAL AGREEMENT entitled" ees"is hereby amended by adding the following additional text to the end thereof which -ads as follows: "Payments for services provided by the Consultant s-t forth in Attachment "B" hereof shall be reimbursed at the hourly rate of its professinal and technical personnel as set forth in the Fee Proposal Summary, Professional Fe-s, and Standard Rates documents entitled "Riverside Drive Promenade, Phase II — Final Design and Engineering" consisting of five (5) pages, attached hereto and mad, a part hereof as Attachment "D", with the total fees and expenses not to exceed $'94,882 regardless of actual time expended or actual costs incurred by the Consultant sless substantial modifications to the Scope of Services are authorized in writing by e CITY and approved by the City Council". 4. Except as amended by the FIRST AMENDMEN AGREEMENT, the ORIGINAL AGREEMENT between the parties shall remain full fi rce and effect. IN WITNESS WHEREOF, the parties hereto have enteredinto and executed this amendment agreement on the date and year first written above. CITY OF ELGIN Hitchcoc Design Group By: `•r[►'�` _ ` By: C`Ci' Manag: ' President Attest: Atte:t• / 1 'alL-4/-fitik City Clerk Hitchcock Design Group Creating Better Places° January 9,2008 Mr.David Lawry General Services Manager City of Elgin 150 Dexter Court Elgin,IL 60120 RE: Riverside Drive Promenade—Phase II,Final Design an' Engineering Dear Dave: Thank you for the opportunity to submit this proposal for Phase II,Final 'esign and Engineering for the Riverside Drive Promenade project. We are honored to continue to be the designer i f Elgin's riverfront and will work diligently to make the Riverside Drive Promenade a huge success. Were 1.ectfully submit this proposal based on our current understanding of the project. We understand that the City intends to move forward with the Riverside it rive Promenade project as depicted in the Schematic Design Recommendations summary report,dated October 200 ,that was approved by the City Council on November 14,2007. The anticipated timeline is to fast track the desi. of certain items in order to make permit applications as early as possible in 2008. Then work will continue on pre final and fmal documentation throughout spring/summer of 2008. Assuming permits are received in a timely way, a e project can be bid in the fall/winter of 2008 for 2009 construction. As currently conceived,the plan is to move forward with complete removal of the existing parking deck and construction of a new retaining wall the entire length of Riverside Drive om Chicago Street to Prairie Street,in line with the first bay of existing piles. The three pedestrian overlook areas wil 1 be reconstructed decks utilizing existing piles. Although there may be some challenges to permitting the new reta' ing wall,the consultant team,design team,and the project advisory committee agree that it is the best long to solution and is worth pursuing. The work necessary to advance the design of the retaining wall concept is incl ded in this proposal. Throughout the Phase I,Planning work,the project budget has remained . $8,000,000. The schematic design recommendations identify a basic project that meets this budget. Howeve ,a number of upgrades have also been identified as desirable,but will likely exceed the$8,000,000 budget. Thee improvements include specialty paving for the entire street,tensile membrane structures on the overlooks,upgrade d pedestrian amenities,iconic masonry columns,accent lighting,surveillance,and improvements to Prairie Street The intent is to document the upgrade improvements for construction to be bid as alternates and constructed if I ding becomes available. The work for Phase H,Final Design and Engineering includes a proven ee step process. First,during design development(pre-fmal engineering),we will finalize the design of the im e rovements and prepare documents suitable to submit for permitting. Second,during construction documenta ion(final engineering)we will prepare the drawings and specifications needed to solicit competitive bids for constru'tion. Finally,during bidding and negotiation,we will assist the City in soliciting bids for the work and Bele l ting a qualified contractor. We can also provide important Phase III,Construction Services to be negotiated folio ing completion of Phase II,Final Design and Engineering. The attached Scope of Services outlines the work in moi e detail. We propose to complete Phase II,Final Design and Engineering as outlin:d in the attached Scope of Services at our standard hourly rates plus customary out-of-pocket expenses not-to-excee s $594,882. J:\Marketing\07 Existing Clients\500's\0524 Elgin,City of\Riverside Deck\Phase H-Final I esign and Engineering\03 Proposal Submittal\ltr 20080109 riverside drive.base II.doc 221 West Jefferson Avenue Naperville, Illinois 60540 T 630.961.1787 F.30.961.9925 www.hitchcockdesigngroup.com Please note that our proposed fees do not include extensive hydraulic mod:ling. Based on conversations to date with the regulatory agencies,it does not appear that we will need to compl to hydraulic modeling for the project. However,as the project advances,the agencies could decide modeling is n•cessary. If this occurs,we would request additional fees to complete the work. Also note that although we have ha• some discussions about the potential to complete sanitary and water main upgrades at the same time as the propos;d improvements,fees associated with engineering these utility upgrades are not included in our proposal. If desi ed,we can engineer the utility upgrades for an additional fee. Finally,we have included fees within our proposal to coordinate with a tensile structure manufacturer who would assist with the design and documentation of the • cture assuming their product would be the one installed. If the City would require the tensile structure to be cometitively bid,there may be additional fees necessary in order to bring an independent tensile structure designer on bo d. Our team for the project remains unchanged from Phase I;Hey and Assoc'.tes will provide hydrological and environmental engineering services;V3 Companies,civil engineering;W.lker Parking Consultants,structural engineering;Primera, electrical engineering;Hugh Lighting Design,light g effect consultation;Allen+Pepa, architecture;and T.J.Emmerich,irrigation design. I will continue to be o project manager under Rick Hitchcock's supervision. Mark Underwood and Lance Thies will continue to be our d:signers and other members of our Urban Design Studio will assist as needed. On behalf of the Hitchcock Design Group team,thank you again for the o.portunity to continue to work with you on this important addition to the Elgin Riverfront. We look forward to gettinl started following your approval. Sincerely, Hitchcock Design Group 1/x'1 Tim King Principal cc: Rick Hitchcock,Mark Underwood,Jennifer Imburgia,Hitc cock Design Group Consultant team representatives PROFESSIONAL SERVICES AG• MENT Attachment A THIS AGREEMENT made and entered into thisc9S}\day •f r , - 2007, by and between the CITY OF ELGIN, ILLINOIS, a municipal orporation (herei • ' •• referred to as the"City"),and HITCHCOCK DESIGN GROUP, an Illin•is corporation(herei after referred to as"Consultant"). WITNESSETH WHEREAS, the City Council of the City has on May 24 2000 adopted the City of Elgin Riverfront/Center City Master Plan; and WHEREAS,the City has determined it to be necessary and d- irable to obtain the assistance of a professional consultant to provide engineering and design services for the City project for improvements to the Citis Riverside Parking Deck known • the City of Elgin Riverside Drive Promenade Project(hereinafter referred to as the"Project"); ; d WHEREAS, the Consultant is experienced in providi g such services for riverfront redevelopment projects and desires to render the professional •nsultant services to the City. NOW,THEREFORE, in consideration of the mutual promis- and covenants contained herein, the receipt and sufficiency'of which is hereby acknowledged, e parties hereto agree as follows: 1. Scope of Work Consultant shall perform and direct the necessary •ualified personnel to perform the professional services for the City of Elgin Riverside ' 've Promenade Project as set forth in the "Scope of Services" dated January 11, 2007, c•nsisting of five (5) pages attached hereto and made a part hereof as Attachment A. All ork hereunder shall be performed under the direction of the City Manager of the Ci and the General Services Group Director. Consultant shall be entitled to rely upon e accuracy and completeness of information and reports furnished by the City. 2. Time Schedule and Term Consultant shall perform and complete the various s rvices and tasks in Attachment A hereto according to the schedule dated January 11,2117,and attached hereto and made a part hereof as Attachment B. Changes in the scop 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 th Consultant may, however, affect the time line. Other alterations to the time line ay be made by mutual written agreement of the parties. The term of this agreeme t shall commence upon execution hereof and shall continue until Consultant shall have •erformed 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 pe sonnel as set forth in Attachment C attached hereto and made a part hereof by thi. reference, with the total fees and expenses to be paid to Consultant not to ex s eed $183,945 regardless of actual time expended or actual costs incurred b the Consultant unless material modifications to the projects are authorized ' writing by the City and approved by the City Council. Consultant's time and c e st 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 Consultan in the performance of the services pursuant to this agreement, such as by way o i example, travel to and from Elgin or Consultant team offices, photocopies, •heck prints of work in process exchanged between team members and comp ter time, are included in the above not-to-exceed total fee of $183,945. Also i eluded in the above not-to-exceed total fee of $183,945 are reimbursable out-o'-pocket expenses incurred by the Consultant for deliverables, such as photocopi:s,photography, diazo, large format copies of maps, reproducible mylars, digital color output of summary reports, permits and courier service when requested b 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 forma approved by the City. Progress reports will be included with all payment requ•sts. The Consultant shall maintain records showing actual time devoted and co is 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 t• this agreement. The Consultant shall make these records available at reaso I able times during the agreement period, and for a year after expiration or termi ation of this agreement. 4. Rights in Results of Services The results of Consultant's services under this agree 0 ent shall be the exclusive property of City, and all documents (including, without imitation, all writings, drawings, blueprints pictures, recordings, computer or mach' e-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 th-reof, including, without limitation, all notes, data, reports or other information received .r generated in the performance of this agreement shall be the exclusive property of City and shall be delivered to City upon request (except for one copy, which may be retaine. by Consultant for its confidential files). No articles, papers, treatises, or presentations !elated to or in any way based upon or associated with the services performed pursuant to his agreement shall be presented or submitted for publication without the prior written c•nsent of City. It is agreed that the results of Consultant's services and the work product provided under this Agreement are -2- not intended or represented to be suitable for reus' by the City on any project not contemplated by this Agreement and such reuse .hall be without liability to the Consultant. 5. Other Agreements Consultant warrants that it is not a party to any of er existing or previous agreement which would prevent Consultant from entering into this agreement or which would adversely affect Consultant's ability to perform servic:s under this agreement. During the term of this agreement, Consultant shall not, withou i the prior written consent of City, perform services for any persons, firm or corporati I is other than City if such services could foreseeable lead to a conflict with Consultant's o ligations under this agreement. 6. Subcontracting If Consultant intends to hire or retain any person, f or corporation to perform services under this agreement, Consultant shall first secure e written agreement of such party that such party (1)shall assume and agree to be sound 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,no assume or create a commitment or obligation on behalf of nor bind City in any respect w atsoever. Consultant shall provide City with a copy of each such written agreement. Prior to subcontracting, Consultant shall obtain prior 'tten approval of the City for each individual subcontractor. City shall have the i'ght to refuse approval of any subcontractor for any reason. Any fees, payments or other costs associated with ant subcontractor or other persons or firm shall be at the sole cost of the Consultant payable from the fees the City is paying to Consultant pursuant to this agreement. 7. Assignment Neither this agreement nor any of the rights or obliga ions hereunder may be assigned or otherwise transferred by Consultant, nor shall the be efits of this agreement inure to the benefit of any trustee in bankruptcy, receiver or credi for of either party, except as may be required by law, whether by operation of law or o herwise, without the prior written consent of either party. Any attempt to assign or tr:nsfer 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, employ ee or legal representative of City. Consultant has no authority to assume or create any s ommitment or obligation on behalf of or to bind City in any respect whatsoever. -3- 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 p rformance 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 al applicable federal, state and local laws and regulations(including,but not limited to, occ pational safety and environmental protection statutes and regulations) in performing se ices hereunder, and shall comply with any directions of governmental agencies and C ty relating to site safety, security, traffic or other matters. Failure to comply with this section shall constitute a material breach of this agreement, and shall entitle City to terminate this agreement pon ten (10) days written notice without penalty to City. 11. Indemnification of City Consultant shall hold harmless and indemnify City om and against any and all suits, causes of action, claims for damages, damages and an other liability to the extent caused by the negligent acts of the Consultant, its collabo ating 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 a y failure, delay or interruption of service or for any failure or delay in the perform. i ce of any obligation under this agreement due to strike,walkouts, acts of God, gove ental restrictions, enemy actions, civil commotion,unavoidable casualty, unavailability I f 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 po 'cies 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 automs ile liability insurance for bodily injury, death or loss of or damage to prope of third persons in the minimum amount of$1 million per occurrence which p s licy shall name City as additional insured. Consultant shall furnish to City of El vin a certified copy of such policies -4- concurrently with the execution of this agreem:nt. (3) Professional liability insurance for errors and omissions in the minimum amount of $1 million per occurrence and in aggregat-. Consultant shall furnish to the City a Certificate of Insurance as evidence o such policy concurrently with the execution of this agreement. 14. Severability The parties intend and agree that if any portion of thi. agreement, or application thereof to any person or circumstance, shall to any extent m e deemed to be invalid, void, or otherwise unenforceable for any reason, the rema'nder of this agreement, and the application of such provision to persons or circums . ces other than those as to which it is held invalid, shall not be affected thereby, and eac 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 enforc:ment of any rights pursuant to this agreement shall be in the Circuit Court of Kane Coun ,Illinois. 16. Termination The City may by written notice to the Consultant to inate the whole or any part of this agreement if the Consultant fails to make delive of the services within the time specified herein or any extension thereof: or if the Co sultant fails to perform any of the other provisions of the contract, or fails to make prog ess so as to endanger performance of this agreement in accordance with its terms, and i either of these two circumstances does not cure such failure within ten (10) days (or s ch longer period as the City may authorize in writing) after receipt of notice from he City specifying such failure. Notwithstanding any other provision hereof, the City I ay also terminate this agreement at any time upon fifteen(15) days prior written notice o the Consultant. In the event that this agreement is so terminated, the Consultant s s all be paid for services actually performed and reimbursable expenses actually incurr:d prior to termination, except that payment and reimbursement shall not exceed the total :mount set forth under Paragraph 3 above. 17. Additional Provisions This agreement includes those additional provisions contained in Exhibits 6, 7, 8 and 9 relating to a tax/collusion/disbarment affidavit, equal employment commitment guidelines and affirmative action, and sexual harassme t policy. 18. News Releases -5- The Consultant may not issue any news releases wi out 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 . i d agreement between the parties hereto with respect to the subject matter here o f and supersedes all previous communications, negotiations and agreements, whe her 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 a: eement shall be binding on either party unless made in writing and executed by City. 20. Notices Communication to the Consultant means notice in writing to Richard G. Hitchcock, President, Hitchcock Design Group, 221 W. Jefferson Avenue, Naperville, IL 60540. Communications to the City means notice to the contr:cting officer in writing to the City Manager, Olufemi Folarin, and General Services Gro p Director, David Lawry, City of Elgin, 150 Dexter Court,Elgin, IL 60120. 21. No Personal Liability No officer, director, or employee of the City or of e Consultant shall be personally liable for the fulfillment of the conditions of this agree ent. 22. Cost and Quantity Opinions In providing opinions of probable construction co.t, the City understands that the Consultant has no control over the costs or availabili , of labor, equipment or materials, or over market conditions or the contractor's method o f 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 Consul .nt makes no warranty, express or implied, that the bids or the negotiated cost of t e work will not vary from the Consultant's opinions of probable construction cost. 23. Standards of Care In providing services under this agreement, the Consu tant 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 ircumstances. 24. Nondiscrimination -6- In all hiring or employment made possible or resulting from this agreement,there shall be no discrimination against any employee or applicant far employment because of sex, age, race, color, creed, national origin, marital status, of t e presence of any sensory, mental or physical handicap, unless based upon a bona fide •ccupational qualification, and this requirement shall apply to, but not be limited to, the f•llowing: employment advertising, layoff or termination, rates of pay or other forms •f compensation and selection for training, including apprenticeship. No person shall be denied or subjected to discriminat on in receipt of the benefit of any services or activities made possible by or resulting fro this agreement on the grounds of sex, race, color, creed, national origin, age exce•t minimum age and retirement provisions, marital status or the presence of any sen•ory, mental or physical handicap. Any violation of this provision shall be considered a iolation of a material provision of this agreement and shall be grounds for cancellation, tr rmination 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 shill be binding upon the successors and the assigns of the parties hereto; provided, ho ever, 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 c -ate a partnership, joint venture, employment or other agency relationship between the •arties hereto. 27. Headings The headings of the several paragraphs of this agreem-nt are inserted only as a matter of convenience and for reference and in no way are they i tended to define, limit or describe the scope of intent of any provision of this agreeme t, nor shall they be construed to affect in any manner the terms and provisions hereof•r the interpretation or construction thereof. 28. Modification or Amendment This agreement and its attachments constitutes the enf re agreement of the parties on the subject matter hereof and may not be changed, modi ed, discharged or extended except by written amendment duly executed by the pa ies. Each party agrees that no representations or warranties shall be binding upon t e other party unless expressed in writing herein of in a duly executed amendment -reof, or change order as herein provided. 30. Cooperation with Other Consultants -7- The Consultant shall cooperate with any other consultants in the City's employ or any work associated with the Project. IN WITNESS WHEREOF, the parties hereto have entered into and executed this agreement on the date and year first written above. CITY OF ELGIN HITCHCOCK DESIGN GROUP 1 - By `� _ By z Z `i A4E. Richard G. Hitchcock President Attest: objeavm- IglevYA Arie •Cit Clerk F:\Legal Dept\Agreement\Hitchcock-EngSeryices-RiversideDrPromenadeProject-l-07.doc -8- Hitchcock Design Group Creating Better Places* Scope of Services Attachment B Phase 1—Planning(Completed) Phase 11—Final Design and Engineering A. Design Development(Pre-final Engineering) We will: 1. Finalize the size,horizontal and vertical geometry,structure,m.terials and/or finish,as appropriate,for the proposed improvements,including: a. removal of the existing parking deck and replacement with a new shoreline wall and pile supported overlooks b. pedestrian promenade c. pedestrian gathering space overlooks d. bike path including realignment of the existing pre-fabricated bridge at Chicago Street e. roadway(two-way traffic)with on-street parking,including removal of the ramp at Chicago Street and replacement with a retaining wall and a new on-grade roadway f. pedestrian amenities g. pedestrian pass-through between Riverside Drive and Grove Street h. tension membrane architectural structures(at overlooks) i. shoreline treatment and environmental considerations j. sustainability and best management practices k. landscaped areas 1. irrigation m. required utility modifications n. lighting,site electrical and surveillance 2. Refine the technical requirements related to the proposed improvements,including: a. hydrological and environmental engineering: i. floodway permitting ii. compensatory storage iii. stormwater detention iv. wetland/waters permitting v. shoreline treatment vi. best management practices vii. other anticipated jurisdictional agency requirements (Note: at this time it is not known if the jurisdictional agencies will require hydraulic analysis or floodway remapping. If required,these items will be considered extra services) b. site engineering: i. roadway plan,profile,and cross-sections ii. grading,drainage iii. storm sewers required for proposed improvements iv. sanitary sewers to remain with no modifications(televising existing sewers is recommended, although not included in this proposal—additional sanitary sewer modifications if needed,will be considered additional services) v. cable and telecommunications utilities to remain with no modifications(adding empty ducts for expansion is recommended,although not included in this proposal) c. structural engineering: i. removal of the existing parking deck City of Elgin Page 1 of 4 January 9,2008 Riverside Drive Promenade ii. new retaining wall extending the length of Riverside Drive in line with the existing first bay piles iii. three structured overlooks with provisions to support tension membrane structures,support columns,and other amenities iv. foundations for accent columns,some of which may support tension membrane structures v. foundations for the re-aligned pre-fabricated bike bridge at Chicago Street d. architecture: i. tension membrane structures(2)located at pedestrian overlooks ii. coordination with tension membrane structure manufacturer as needed e. electrical engineering and CCTV surveillance system: i. new electrical service location ii. coordination with ComEd and the City of Elgin to extend electrical service to Riverside Drive iii. light pole and fixture selection(based on City streetscape standards) iv. accent lighting fixture selection(architecture,columns,guardrails,landscape) v. holiday outlets(at tree and light pole locations) vi. special event power bollards(at overlook areas) vii. design of electrical distribution system viii.design of branch circuiting to support lighting,holiday outlets,and special event power ix. photometric calculations x. exterior lighting controls xi. surveillance system(compatible with existing City system),including camera/housing/lens selection,cabling connectivity,power supplies,low voltage pathways to Festival Park,electrical branch circuiting based on CCTV design f. irrigation system: i. water source and controller requirements ii. recommended irrigation zones and sprinkler types 3. Document the design on previously prepared base maps including supplementary drawings as may be appropriate. 4. Prepare a summary of estimated quantities and a construction cost opinion. 5. Prepare outline specifications,including the products,materials and finishes of each component or system. 6. 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 7. Review the drawings,specifications,product data and material samples and construction strategy(50% review)with: a. the consultant team b. relevant City departments(3 meetings) c. the City project Design Team 8. Revise the drawings and supporting materials as may be required. 9. Present our recommendations to the Project Advisory Committee(PAC)for authorization to proceed. 10. Prepare plans,applications,and submit information to jurisdictional agencies for required construction permit(s). Anticipated permits required include: a. Wetland and Waters Permits: i. Army Corps of Engineers(ACOE)Section 10 and 404 permits ii. Illinois Department of Natural Resources(IDNR)Public Waters and Floodway permits b. City of Elgin Permits: i. stormwater detention permit ii. building and development permits as required 11. Make revisions as may be required to facilitate jurisdictional approvals and permit(s). B. Construction Documents(Final Engineering) Following approval,we will: 1. Finalize the graphic documentation that will be used to bid and construct the improvements including: City of Elgin Page 2 of 4 January 9,2008 Riverside Drive Promenade a. cover sheet including project identification and other general title information b. general notes sheet(including notes,index,standards,alignment,ties and bench marks) c. summary of estimated quantities sheet d. maintenance of traffic plan e. temporary access,storage,erosion and sedimentation control plan f. existing conditions and removals plan(including demolition of selected parking structure piers, framing and decking) g. utility modification and improvement plan h. grading and drainage plan i. layout plan j. materials call-out plan k. roadway plan(plan,profile,cross sections,striping) 1. structural plan(retaining wall,overlooks,columns,etc.) m. architectural plan(tension membrane structures) n. planting plan o. irrigation plan p. furnishings and amenities plan q. electrical plan r. surveillance plan s. construction details as needed 2. Finalize the written documentation that will be used to bid and construct the improvements including: a. specifications and project construction manual b. other City required bid documents 3. Finalize the summary of estimated quantities and construction cost opinion. 4. Finalize the construction strategy and schedule. 5. Review the pre-fmal documents(75%review)with: a. the consultant team b. relevant City departments(3 meetings) c. the City project Design Team 6. Make revisions as may be required. 7. Review the final documents(100%review)with: a. the consultant team b. relevant City departments(3 meetings) c. the City project Design Team 8. Present the final recommendations to the Project Advisory Committee and City Council for authorization to bid the project. 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 City Council. Phase Ill-Construction Services (Additional, Extra Services to be finalized following Phase II) City of Elgin Page 3 of 4 January 9,2008 Riverside Drive Promenade ......nr+ .r 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,fmancial,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. 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 wo k 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 9,2008 Riverside Drive Promenade Hitchcock Design Group Creating Better Places` Preliminary Schedule Attachment C Phase ll—Final Design and Engineering A. Design Development(Pre-final Engineering) 1. Finalize design February-March 2008 2. Refine technical requirements February-March 2008 3. Documentation March 2008 4. Submit for permitting(fast track documents required for permit submittal) March 2008 5. Prepare summary of quantities and cost opinion March-April 2008 6. Prepare outline specifications April 2008 7. Prepare construction strategy and preliminary schedule April-May 2008 8. 50%review meeting May 2008 9. Revisions May-June 2008 10. PAC presentation June 2008 B. Construction Documents(Final Engineering) 1. Finalize drawings June-August 2008 2. Finalize specifications and project manual June-August 2008 3. Finalize summary of quantities and cost opinion June-August 2008 4. Finalize construction strategy and schedule September 2008 5. 75%review meeting September 2008 6. Revisions September-October 2008 7. 100%review meeting November 2008 8. PAC/City Council presentation December 2008 C. Bidding and Negotiation(contingent on permitting) 1. Provide bid sets January 2009 2. Recommend contractors January 2009 3. Advertise bid letting January 2009 4. Conduct pre-bid meeting January 2009 5. Answer questions,issue addenda January 2009 6. Review bids,recommend contract award January 2009 7. Present recommendations to City Council January 2009 Construction A. Begin Construction(contingent on permitting) Spring 2009 B. Substantial Completion Fall 2009 C. Final Completion Fall 2009,Spring 2010 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 mpossible 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 9,2008 Riverside Drive Promenade Hitchcock Design Group Creating Better Places' Fee Proposal Summary Attachment D HDG Consultants Expenses Markup Subtotal Phase 11-Final Design and Engineering A. Design Development(Pre-final Engineering) $ 91,540 $ 170,330 $ 4,500 $ 26,225 $ 292,595 B. Construction Documents(Final Engineering) $115,160 $ 141,270 $ 4,000 $ 21,791 $ 282,221 C. Bidding and Negotiation $ 5,680 $ 10,310 $ 2,200 $ 1,877 $ 20,067 PHASE II PROFESSIONAL FEE TOTAL: $212,380 $ 321,910 $ 10,700 $ 49,892 $ 594,882 City of Elgin Page 1 of 1 January 9,2008 Riverside Drive Promenade 0 Hitchcock Design Group Creating 13etter Places° Professional Fees Attachment D Hitchcock Design Group Fees LDR MGT DES DOC SUP sub-total $185 $135 $115 $80 $70 Phase ll-Final Design and Engineering A.Design Development(Pre-final Engineering) 1 Finalize design 24 80 252 356 2 Refine technical requirements 24 36 60 3 Documentation 120 120 4 Quantities and costs 8 24 36 68 5 Outline specifications 8 16 24 6 Construction strategy 2 2 4 7 50%review meetings 4 28 28 4 64 8 Revisions 8 16 24 48 9 PAC review 4 4 4 12 10 Permit applications 8 8 24 40 11 Revisions 4 4 8 16 Sub-total hours 32 174 390 216 0 812 Sub-total fee $5,920 $ 23,490 $44,850 $ 17,280 $ - $ 91,540 B.Construction Documents(Final Engineering) 1 Finalize graphic documentation 8 80 336 320 744 2 Finalize written documentation 24 24 48 3 Finalize quantities and costs 4 24 40 68 4 Finalize construction strategy 2 2 4 5 75%review meetings 4 28 28 4 64 6 Revisions 4 24 56 84 7 100%review meetings 4 28 28 4 64 8 PAC,City Council review 4 4 4 12 Sub-total hours 20 174 470 424 0 1,088 Sub-total fee $3,700 $ 23,490 $54,050 $ 33,920 $ - $ 115,160 C.Bidding and Negotiation 1 Provide bid sets 2 4 6 2 Recommend contractors 2 2 4 3 Prepare bid advertisement 4 4 4 Pre-bid meeting 4 4 8 5 Answer questions,prepare addenda 4 4 4 12 6 Review bids,make recommendation 4 2 6 7 City Council recommendation 4 4 8 Sub-total hours 22 18 8 0 48 Sub-total fee $ - $ 2,970 $ 2,070 $ 640 $ - $ 5,680 Hitchcock Design Group Total: $ 212,380 Page 1 of 3 January 9,2008 J:\ _. r— _ r14 Hitchcock Design Group Creating Boner Places Professional Fees Attachment D Consultant Fees Terracon I Hey I V3 I Walker I T.J.E. I Arch I Hugh 1 Primera sub-total I markup Phase II-Final Design and Engineering A Design Development(Pre-final Engineering) 1 Finalize design 2 Refine technical requirements 3 Documentation 4 Quantities and costs 5 Outline specifications 6 Construction strategy 7 50%review meetings 8 Revisions 9 PAC review 10 Permit applications 11 Revisions Sub-total Sub-total fee $ - $35,140 $47,790 $ 42,000 $2,900 $ 5,000 $2,500 $35,000 $170,330 $ 25,550 B Construction Documents(Final Engineerin f,) 1 Finalize graphic documentation 2 Finalize written documentation 3 Finalize quantities and costs 4 Finalize construction strategy 5 75%review meetings 6 Revisions 7 100%review meetings 8 PAC,City Council review Sub-total Sub-total fee $ - $ 9,900 $23,870 $ 49,000 $2,000 $ 15,000 $2,500 $39,000 $141,270 $ 21,191 C Bidding and Negotiation 1 Provide bid sets 2 Recommend contractors 3 Prepare bid advertisement _ 4 Pre-bid meeting 5 Answer questions,prepare addenda 6 Review bids,make recommendation 7 City Council recommendation Sub-total Sub-total fee $ - $ 1,380 $ 5,630 $ 1,000 $ 800 $ - $ - $ 1,500 $ 10,310 $ 1,547 Terracon Hey V3 Walker T.J.E. Arch Hugh Primers $ - $46,420 $77,290 $ 92,000 $5,700 $ 20,000 $ 5,000 $75,500 markup Consultants Subtotal: I$321,910 I$ 48,287 1 Consultants Total: $370,197 Page 2 of 3 January 9,2008 J:\Marketing\07 E,,sting Hitchcock Design Group Creating Better Places° Professional Fees Attachment D Expenses service travel sub-total markup bureau Phase ll-Final Design and Engineering A.Design Development(Pre-final Engineering) 1 Finalize design 2 Refine technical requirements 3 Documentation 4 Quantities and costs 5 Outline specifications 6 Construction strategy 7 50%review meetings 8 Revisions 9 PAC review 10 Permit applications 11 Revisions Sub-total hours Sub-total fee $ 3,500 $ 1,000 $ 4,500 $ 675 B.Construction Documents(Final Engineering) 1 Finalize graphic documentation 2 Finalize written documentation 3 Finalize quantities and costs 4 Finalize construction strategy 5 75%review meetings 6 Revisions 7 100%review meetings 8 PAC,City Council review Sub-total hours Sub-total fee $ 3,500 $ 500 $ 4,000 $ 600 C.Bidding and Negotiation 1 Provide bid sets 2 Recommend contractors 3 Prepare bid advertisement 4 Pre-bid meeting 5 Answer questions,prepare addenda 6 Review bids,make recommendation 7 City Council recommendation Sub-total hours Sub-total fee $ 2,000 $ 200 $ 2,200 $ 330 markup Expenses Subtotal: $ 10,700 $ 1,605 Page 3 of 3 January 9,2008 Hitchcock Design Group Creating Better Places' Standard Rates Attachment D Effective April 1, 2007 For projects or phases that are invoiced on an hourly basis, we frac; and invoice time based on the activity performed rather than the salary of the person performing the activity. at 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 .tes are: Project Leadership $185.00/hr. 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 in oice authorized sub-consultant fees,service bureaus,travel and reproduction expenses,at„ur cost plus a 15%mark up. City of Elgin Page 1 of 1 January 9,2008 Riverside Drive Promenade G February 22, 2008 . TO: Mayor and Members of the City Council FROM: Olufemi Folarin, City Manager David Lawry, P.E., General Services Director SUBJECT: Amendment No. 1 to the Engineering Service Agreement with Hitchcock Design Group for the Riverside Drive Plaza PURPOSE The purpose of this memorandum is to provide the Mayor ano members of the City Council with information to consider Amendment No. 1 to the agreem•nt with Hitchcock Design Group (HDG) for the final design engineering for the Riverside Driv- Plaza. RECOMMENDATION It is recommended that the City Council approve Amendmen No. 1 to the agreement with HDG in the amount of$594,882 for final design engineering servic s for the Riverside Drive Plaza and authorize staff to execute the necessary documents. BACKGROUND At its meeting on February 14, 2007, the City Council autho ized an agreement in the amount of $183,945 with HDG for planning and preliminary desig services for development of the Riverside Drive Plaza. Amendment No. 1 ($594,882) will provide for the final design, obtaining all necessary permits and preparation and administration of b'dding documents. The Riverside Drive Plaza Project will provide for the demolition of the existing parking deck and its replacement with a pedestrian friendly promenade. Based upon the approved concept plan, the promenade will include three pedestrian overloo areas, extensive landscaping and streetscape elements and pedestrian and bike path. Riversi o e Drive will be reconstructed with brick pavers, environmentally sensitive storm water manage ent elements and energy efficient lighting. A copy of Amendment No. 1 is attached as Exhibit A. • A A • • • Amendment No. 1 to the Engineering Services Agreement with Hitchcock Design Group for the Riverside Drive Plaza February 22, 2008 Page 2 COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None FINANCIAL IMPACT Amendment No. 1 to the agreement with HDG totals $594,882. Partial funding for the amendment can be found in the Riverboat Fund, account number 275-0000-791.93-80, "Public Ways/Street Improvements", project number 039664, "Riverside Drive Plaza (Engineering)" with $500,000 budgeted and $315,920 available. It is recommended that the balance of the expense, $278,962 be charged to the Central Area Tax Increment Financing Fund, account number 262-0000-791.92-32, "Land Improvements" were $5,456,050 is budgeted and $4,855,073 is available. LEGAL IMPACT None ALTERNATIVES 1. The City Council may choose to approve Amendment No. 1 to the agreement with HDG. 2. The City Council may choose not to approve Amendment No.1 to the agreement with HDG. Respectfully submitted for Council consideration. do Attachment