Loading...
R-1220 - 12/11/2012 - PEDESTRIAN ACCESS - Resolutions (2)RESOLUTION 2012 -PED- ACCESS- AG -EX -R -1220 A RESOLUTION APPROVING AND AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE VILLAGE OF OAK BROOK AND HITCHCOCK DESIGN GROUP FOR DESIGN SERVICES RELATED TO THE PEDESTRIAN ACCESS PROJECT WHEREAS, the Village desires to improve pedestrian and bicycle access to Oakbrook Center through implementation of the Pedestrian Access Project ( "Project'); and WHEREAS, the Village desires to retain an engineer to provide design and engineering services for the Project ( "Services "), and WHEREAS, Hitchcock Design Group ( "Hitchcock") previously has provided satisfactory engineering services to the Village; and WHEREAS, pursuant to the Local Government Professional Services Selection Act ( "Act'), 50 ILCS 510/0.01 at seq., and Section 1 -7 -6 of the Village Code, the Village is not required to follow the notice, evaluation, and selection procedures set forth in the Act for engineering services provided by engineers who have a satisfactory relationship with the Village; and WHEREAS, the Village and Hitchcock desire to enter into and execute an agreement for Hitchcock to provide the Services to the Village ( "Agreement') based on the proposal submitted by Hitchcock, which proposal is attached to this Resolution as Exhibit A; and WHEREAS, the President and Board of Trustees have determined that it is in the best interest of the Village to enter into the Agreement; NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows: Section 1: Recitals. The foregoing recitals are hereby incorporated into, and made a part of, this Resolution as the findings of the President and Board of Trustees of the Village of Oak Brook. Section 2: Approval of the Agreement. The President and Board of Trustees hereby approve the Agreement by and between the Village and Hitchcock in a final form to be prepared and approved by the Village Attorney and Village Manager. Section 3: Execution of Agreement. The Village President and the Village Clerk shall be, and are hereby, authorized to execute the approved final Agreement on behalf of the Village. Section 4: Effective Date. This Resolution shall be in full force and effect upon passage and approval in the manner provided by law. [SIGNATURE PAGE FOLLOWS] APPROVED THIS 11`" day of December, 2012 Resolution 2012 -PED- ACCESS- AG -EX -R -1220 Engineering Design Services for the Pedestrian Access Project 2 of 3 Gopal G. Lalmalani Village President PASSED THIS 111h day of December, 2012 Ayes: Trustee Aktipis. Manzo. Moy. Wolin- and Vusuf Absent: Trustee Zannis #11874967_vl ATTEST: Charlotte K. Pruss Village Clerk Resolution 2012 -PED- ACCESS- AG -EX -R -1220 Engineering Design Services for the Pedestrian Access Project 3 of EXHIBIT A Proposal 411874967_vl PROFESSIONAL SERVICES AGREEMENT VILLAGE OF OAK BROOK PEDESTRIAN CIRCULATION IMPROVEMENTS THIS AGREEMENT, made and entered into this 11'h day of December, 2012, by and between Hitchcock Design Group (hereinafter referred to as "ARCHITECT ") and the Village of Oak Brook, a municipal corporation (hereinafter referred to as "VILLAGE ") covers certain professional architecting services in connection with the Pedestrian Circulation Improvements Project, (hereinafter referred to as "PROJECT "). The VILLAGE wishes to retain ARCHITECT for these certain professional Architecting services and ARCHITECT is willing to perform such services for the compensation and in accordance with the terms and conditions described in this Agreement. NOW, THEREFORE, in consideration of the mutual benefits, covenants and agreements contained within this Agreement, the parties agree as follows: 1. SCOPE OF SERVICES ARCHITECT agrees to perform consulting services as defined in the Scope of Services attached as Appendix I and made a part of this Agreement. 2. COMPENSATION AND PAYMENT ARCHITECT shall be paid by VILLAGE for all services stipulated within this Agreement according to the Compensation Schedule attached as Appendix II and made a part of this Agreement. Payment to ARCHITECT shall be made by VILLAGE upon receipt of ARCHITECT'S monthly invoice. The invoice shall consist of a summary of direct labor hours by ARCHITECT'S standard job classification times the respective factors as depicted in Appendix II plus listing of reimbursable costs incurred with copies of appropriate invoices. The invoice will state the phase of work for which it applies, if a multi -phase scope is used (e.g., design, construction, etc.). If VILLAGE identifies an item in the invoice which appears to be in error, VILLAGE may withhold the amount in question, pay the balance of the invoiced amount, and provide ARCHITECT with a statement concerning the questioned item. Alternatively, VILLAGE may pay the invoiced amount in full, provide ARCHITECT with a statement of the questioned item, and an adjustment, if appropriate, will be made in the next subsequent invoice submitted by ARCHITECT. Architect will mark "Invoice number and final" on the invoice which closes out this contract or a phase of the contract. If VILLAGE fails to make any payment due ARCHITECT for services and expenses, including amounts wrongly withheld, within thirty (30) days after submittal of ARCHITECT'S billing thereof, the amounts due ARCHITECT shall include a charge at Page 1 the rate of one percent (1.0) per month from such thirtieth (30th) day; and, in addition, the ARCHITECT may, after giving seven (7) days written notice to VILLAGE, suspend services under this Agreement until it has been paid in full the amounts due it for services and expenses. During the period of any such suspension, the parties shall have the same rights and obligations as are provided by Subsection 5(e) of this Agreement. 3. TIME SCHEDULE The services required by this Agreement shall be completed in accordance with the Time Schedule attached as Appendix III and made a part of this Agreement. It is recognized by the parties that the Time Schedule may be contingent upon factors beyond the control of either party. Both parties will take all reasonable steps to adhere to the Time Schedule. 4. TERM OF AGREEMENT Unless extended by amendment, this Agreement shall terminate at the time of receipt of final payment by the ARCHITECT, provided that all warranties and representations shall survive said final payment. 5. GENERAL TERMS AND CONDITIONS a. Modification The nature and the scope of services specified in this Agreement may only be modified by written amendment to this Agreement approved by both parties. b. Relationship between ARCHITECT and VILLAGE ARCHITECT shall serve as VILLAGE'S professional consultant in those phases of the PROJECT to which this Agreement applies. The relationship is that of a buyer and seller of professional services, and it is understood that the parties have not entered into any joint venture or partnership with the other. C. Responsibility of the ARCHITECT That all plans and other documents furnished by the ARCHITECT pursuant to this Agreement will be endorsed by him and will show his professional seal where such is required by law. Notwithstanding anything to the contrary which may be contained in this Agreement or any other material incorporated herein by reference, or in any agreement between VILLAGE and any other party concerning the PROJECT, ARCHITECT shall not have control or be in charge of and shall not be responsible for the means, methods, techniques, sequences or procedures of construction, or the safety, safety precautions or programs of VILLAGE, the construction contractor, other contractors or subcontractors performing any of the work or providing any of the services on the PROJECT, nor shall ARCHITECT be responsible for the acts or omissions of VILLAGE provided that the ARCHITECT has properly executed his duties. ARCHITECT shall not be responsible for the failure of VILLAGE, any architect, engineer, consultant, contractor or subcontractor to carry out their respective responsibilities in accordance with the PROJECT documents, or any other agreement concerning the PROJECT. Any provision which purports to amend this provision shall be without effect unless it contains a reference that the content of this Subsection 5(c) is expressly amended for the purposes described in such amendment and is signed by ARCHITECT. d. Corrections In the event plans, surveys or construction staking is found to be in error and revisions of the plans or survey or construction staking are necessary, the ARCHITECT agrees that he will perform such work without expense to the VILLAGE, even though final payment has been received by him. He shall give immediate attention to these changes so there will be a minimum delay to the contractor. e. Suspension of Services VILLAGE may, at any time, by written order to ARCHITECT (Suspension of Services Order), require ARCHITECT to stop all, or any part of, the services required by this Agreement. Upon receipt of such an order, ARCHITECT shall immediately comply with its terms and take all reasonable steps to minimize the occurrence of costs allocable to the services covered by the order. ARCHITECT will not be obligated to provide the same personnel employed prior to suspension when the services are resumed, in the event the period of any suspension exceeds thirty (30) days. f Termination 1) The VILLAGE shall have the right to terminate this Agreement with or without cause upon serving thirty (30) days written notice upon the other party. 2) Upon such termination, the liabilities of the parties to this Agreement shall cease, but they shall not be relieved of the duty to perform their obligations up to the date of termination. All warranties and the provisions of Section 5, Paragraph I shall be in full force and effect after termination. 3) Upon such termination, ARCHITECT shall cause to be delivered to the VILLAGE all drawings, specifications, partial and completed estimates, and any and all other data concerning the PROJECT which ARCHITECT is then accomplishing for the VILLAGE. ARCHITECT shall be paid for any services completed and any services partially completed in accordance with Sections 2 and 3. g. Warranties In addition to the covenants herein made, the ARCHITECT represents and certifies that its architecting services shall be performed in accordance with the standards of professional practice, care, and diligence practiced by recognized architecting firms in the industry in performing services of a similar nature in existence at the time of performance. The representations and certifications expressed shall be in addition to any other representations and certifications expressed in this Agreement, or expressed or implied by law, which are hereby reserved unto the VILLAGE. h. Representations In addition to the covenants herein made, the ARCHITECT represents and agrees: 1) That all plans and special provisions to be furnished by the ARCHITECT pursuant to this Agreement will be in accordance with the current standard specifications and policies of the VILLAGE, it being understood that all such plans and drafts shall, before being finally accepted, be subject to approval by the VILLAGE. 2) That he has not employed or retained any company or person, other than a bona fide employee working solely for the ARCHITECT, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the ARCHITECT, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of the Agreement. For breach or violation of this warranty, the VILLAGE shall have the right to annul this Agreement without liability, or in its discretion to deduct from the Agreement price or consideration, or otherwise recover, the frill amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 3) The ARCHITECT represents and certifies that the ARCHITECT is not barred from contracting with a unit of state or local government as a result of: (1) a delinquency in the payment of any tax administered by the Illinois Department of Revenue, unless the ARCHITECT is contesting, in accordance with the procedures established by the appropriate revenue act, its liability for the tax or the amount of the tax, as set forth in Section 11- 42.1-1 et seq. of the Illinois Municipal Code, 65 ILCS 5/11- 42.1 -1 et seq.; or (2) a violation of either Section 33E -3 or Section 33E -4 of Article 33E of the Criminal Code of 1961, 720 ILCS 5/33E -1 et seq. ARCHITECT represents that the only persons, firms, or corporations interested in this Agreement as principals are those disclosed to the VILLAGE prior to the execution of this Agreement, and that this Agreement is made without collusion with any other person, firm, or corporation. If at any time it shall be found that the ARCHITECT has, in procuring this Agreement, colluded with any other person, firm, or corporation, then the ARCHITECT shall be liable to the Village for all loss or damage that the VILLAGE may suffer, and this Agreement shall, at the VILLAGE's option, be null and void. 4) That he is qualified technically and is conversant with the policies applicable to the PROJECT; and that he has and will furnish sufficient, properly trained and experienced personnel to perform the services enumerated herein. 5) That he will not employ, for the duration of this Agreement, any person presently employed by the VILLAGE without the written consent of the VILLAGE. 6) ARCHITECT represents and certifies that, to the best of its knowledge: (1) no elected or appointed VILLAGE official, employee or agent has a personal financial interest in the business of ARCHITECT or in this Agreement, or has personally received payment or other consideration for this Agreement; (2) as of the date of this Agreement, neither ARCHITECT nor any person employed or associated with ARCHITECT has any interest that would conflict in any manner or degree with the performance of the obligations under this Agreement; and (3) neither ARCHITECT nor any person employed by or associated with ARCHITECT shall at any time during the term of this Agreement obtain or acquire any interest that would conflict in any manner or degree with the performance of the obligations under this Agreement. i. Documents Property of VILLAGE Drawings, specifications, reports, and any other documents prepared by ARCHITECT in connection with any or all of the services furnished hereunder shall be the property of VILLAGE and the VILLAGE shall obtain any and all intellectual property rights in the drawings, specifications, reports, and documents prepared by ARCHITECT in connection with any and all of the services furnished hereunder. ARCHITECT shall have the right to retain copies of all documents and drawings for its files. All construction drawings shall be prepared electronically using MICROSTATION software. Paper copies will be provided to the VILLAGE in full -size (24" x 36 ") or quarter -size (11" x 17 ") as requested. Electronic design files will also be transferred to the VILLAGE. If construction services are a part of the ARCHITECT'S work, he will create electronic "As- Built" conditions and will deliver them to the VILLAGE within thirty (30) days after completion of construction and before final payment to the ARCHITECT. ARCHITECT will title these files "Record Drawings ". If construction services are not part of the ARCHITECT'S work, he will deliver electronic MICROSTATION files to the VILLAGE upon request and before final payment to the ARCHITECT. j. Access to Records The ARCHITECT shall maintain all books, documents, papers, accounting records and other evidence pertaining to his costs incurred by reason of this Agreement and agrees to make such material available, at his office at the address indicated in Section 5, Paragraph u of this Agreement, at all reasonable times during the life of this Agreement and for a period of three (3) years from the date of final payment of the obligations of this Agreement by the VILLAGE or such longer time as requested by the VILLAGE, for inspection by personnel of the VILLAGE, or any authorized representative of the VILLAGE, and copies thereof shall be furnished if requested. The cost of any copies shall be paid by the VILLAGE. k. Reuse of Documents All documents, including drawings and specifications furnished by ARCHITECT pursuant to this Agreement, are intended for use on the PROJECT only. They should not be used or modified by VILLAGE or others on extensions of the PROJECT or any other project without specific written verification or adaptation by ARCHITECT. Any reuse or modification without written verification or adaptation by ARCHITECT shall be at VILLAGE'S sole risk. 1. Indemnification ARCHITECT agrees to indemnify, hold harmless, V ILEAM Mr the �S,ls the VILLAGE and any of its officers, employees, or agents from and against all 9 liabili , claims, demands, and causes of action arising out of or related to any loss, damage, injury, death, or loss or damage to property resulting from any negligence, errors or omissions by the ARCHITECT in the performance of this Agreement. In the event of joint or concurrent negligence of ARCHITECT and VILLAGE, each shall bear that portion of the loss or expense that its share of the joint or concurrent negligence bears to the total negligence (including that of third parties) which caused the personal injury or property damage. m. Entire Agreement This Agreement sets forth all the covenants, conditions and promises between the parties. There are no covenants, promises, agreements, conditions or understandings between the parties, either oral or written, other than those contained in this Agreement. n. Governing Law This Agreement shall be governed by the Iaws of the State of Illinois both as to interpretation and performance. o. Successors and Assigns The terms of this Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns; provided, however, that neither party shall assign this Agreement in whole or in part without the proper written approval of the other. p. Waiver of Contract Breach The waiver of one party of any breach of this Agreement or the failure of one party to enforce at any time, or for any period of time, any of the provisions liereof, shall be limited to the particular instance, shall not operate or be deemed to waive any future breaches of this Agreement, and shall not be construed to be a waiver of any provision, except for the particular instance. q. Severability of Invalid Provisions If any provisions of this Agreement shall be held to contravene or be invalid under the laws of any particular State, County or jurisdiction where used, such contravention shall not invalidate the entire Agreement, but it shall be construed as if not containing the particular provision or provisions held to be invalid in the particular State, County or jurisdiction and the rights or obligations of the parties hereto shall be construed and enforced accordingly. r. Force Majeure Neither VILLAGE nor ARCHITECT shall be liable for any fault or delay caused by any contingency beyond their control, including, but not limited to, acts of God, wars, strikes, walkouts, fires, or natural calamities. S. Access and Permits VILLAGE shall arrange for ARCHITECT to enter upon public and private property and shall obtain all necessary approvals and permits required from all governmental authorities having jurisdiction over the PROJECT. t. Designation of Authorized Representatives Each party shall designate one or more persons to act with authority in its behalf in respect to appropriate aspects of the PROJECT. The persons designated shall review and respond promptly to all communications received from the other ply. U. Address for Notices Whenever it is provided in this Agreement that notice shall be given or other communication sent to ARCHITECT, such notices or communications shall be delivered or sent to: Hitchcock Design Group 221 West Jefferson Avenue Naperville, Illinois 60540 Attn: Tim King, RLA, ASLA Whenever it is provided in this Agreement that notice shall be given or other communication sent to the VILLAGE, such notices or communications shall be delivered or sent to: VILLAGE OF OAK BROOK 1200 Oak Brook Road Oak Brook, Illinois 60523 Attn: Michael Hullihan Public Works Director Notices personally delivered or sent via U.S. Mail, postage prepaid, shall be deemed, for all purposes, proper notice. V. Insurance ARCHITECT agrees to obtain and maintain, for the term of this Agreement, and for a period of twelve (12) months after the services contracted for hereunder have been completed, insurance hereinafter provided, furnishing a certificate or certificates of insurance to the VILLAGE prior to commencing work under this Agreement. The certificate or certificates of insurance shall be in a form satisfactory to the VILLAGE from companies authorized to do business in Illinois and shall provide that the policies referred to shall not be canceled or changed without first giving thirty (30) days written notice thereof to the VILLAGE. Said insurance requirements are attached as Appendix IV and made a part of this Agreement ('REQUIRED INSURANCE POLICIES "). The VILLAGE shall be named as an additional insured and a cancellation notice recipient on all Required Insurance Policies. W. Additional Services ARCHITECT shall supply such additional services as requested in writing by VILLAGE and agreed to by ARCHITECT in connection with the PROJECT. Separate proposals shall be submitted by ARCHITECT for furnishing these additional services. Compensation for such additional services shall be negotiated by the parties and included in this Agreement by a written amendment. ARCHITECT shall supply such additional services as requested in writing by VILLAGE and agreed to by ARCHITECT in connection with the PROJECT. Separate proposals shall be submitted by ARCHITECT for furnishing these additional services. Compensation for such additional services shall be negotiated by the parties and included in this Agreement by a written amendment. X. Time Time is of the essence in the performance of all terms and provisions of this Agreement. Y. Third Parry Beneficiary No claim as a third party beneficiary under this Agreement by any person, firm, or corporation shall be made or be valid against the Village. Z. Conflicts If any provisions of this Agreement conflict with any provisions of the attached appendices I through IV, the provisions of this Agreement shall control. If any provisions this Agreement conflict with any provisions of the attached Rider No. 1, the provisions of Rider No. 1 shall control. If any provisions of the attached appendices I through IV conflict with any 1 conflict with any provisions of the attached Rider No. 1, the provisions of Rider No. 1 shall control. IN WITNESS WHEREOF, the parties set their hands and seals on the date first above. VILLAGE OF OAK BROOK A M cipal orpora ion , Village President HITCHCOCK DESIGN GROUP V Duly Authorized icer ATTEST: Village Clerk APPENDIX 1 SCOPE OF SERVICES Per proposal submitted by Hitchcock Design Group dated December 10, 2012. APPENDIX II CK1)ti_I �_�1►6Y11 Y [17►i.Y�i�Iilll� Per proposal submitted by Hitchcock Design Group dated December 10, 2012. 0994 113 /:4111 TIME SCHEDULE Per proposal submitted by Hitchcock Design Group dated December 10, 2012. APPENDIX IV Insurance Architect shall maintain for the term of this Agreement, and for a period of twelve months after the services is contracted for hereunder have been completed, insurance policies covering: Workers Compensation: Statutory. 2. Employers Liability Insurance: - $1-,999,,699 injury-per occurrence $rjOOIboo $500,000 disease -per employee 44- ,999;696 disease - policy limit t 5041 b00 Such insurance shall evidence that coverage applies in the State of Illinois. 3. Comprehensive General Liability Insurance: V I�WO..000 FM �'r'6j i�jDDO $2,000,000 per occurrence combined single limit. Coverages shall include Broad 1466tt,6 *W Form Property Damage Endorsements and Blanket Contractual Liability (must expressly cover the indemnity provisions of the Agreement). 4. Comprehensive Automobile Liability Insurance: $1,000,000 combined single limit, any auto. 5. Professional Liability Insurance (errors and omissions): $1,000,000 per claim and $2,000,000 in aggregate. 6. Umbrella or excess liability: OMJ OAD 1,"FW4 The required coverages may be in any combination of primary, excess, and umbrella policies. Any excess or umbrella policy must provide excess coverage over underlying insurance on a following -form basis such that when any loss covered by the primary policy exceeds the limits under the primary policy, the excess or umbrella policy becomes effective to cover such loss. 7. Architect will provide the Village with a certificate of insurance and additional insured endorsement showing the Village added to the General Liability Insurance as an additional insured. 8. Coverage shall not be suspended, voided, canceled, or reduced except after thirty (30) days prior written notice by certified mail has been given to the Village. If a standard Certificate of Insurance form is used with a cancellation clause, the words "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives" will be stricken or crossed out. 221 W.kffenmAvemm Napery k lift60S40 630. 961.1787 hftdKAdeslpq=p= R=4 Lm&zprAddWft e December 10, 2012 Mr. Michael Hullihan Director of Public Works Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523 RE: Pedestrian Circulation Improvements Dear Mike, Thank you for asking Hitchcock Design Group to submit this proposal to provide design and engineering services to advance the pedestrian circulation improvements around the Oakbrook Center Mall area. We appreciate the opportunity to advance our relationship with you and your colleagues at the Village of Oak Brook Project Understanding Now that Village representatives and project stakeholders have approved the improvements as illustrated in the Pedestrian Circulation Planning study, the Village would like to proceed with advancing the design towards construction. The next step in the process will be to complete Preliminary Design and Engineering services for each of the project areas and to continue to coordinate the improvements with the affected property owners. We understand that the Village is in the process of negotiating the terms of the cost sharing with the affected property owners, which will establish the budget for the proposed improvements. During the stakeholder meeting, many attendees indicated their support of a higher level of amenity that would be reflective of the community image. A map and memorandum are attached that summarizes each of the project areas and the current thinking regarding the improvements to be included with each. During the Preliminary Design and Engineering phase, the improvements and associated budget costs will be confirmed for each area prior to advancing the project to Final Design and Engineering. Scope of Services In order to meet your objectives, we propose a two - phased process that is summarized below and described in greater detail in the attached Scope of Services. First, during Preliminary Design and Engineering, we will prepare a concise Site Improvement Program that summarizes the existing resources and stakeholder interests. Then we will complete Boundary and Topographic Surveys of each on the project areas to gain a clear understanding of the existing conditions as a basis for the design of new improvements. Next we will prepare Preliminary Plans and corresponding Construction Cost Opinions for each of the project areas that identify the scale, character, complexity and potential construction cost of the proposed improvements. Next, during Final Design and Engineering, we will prepare Pre -Final Plans (Design Development) that illustrate the improvements that will be submitted for permitting, and advanced for construction. Then we will prepare Final Plans (Construction Documents), including drawings and specifications that will be used to competitively bid and construct the improvements. We can also provide important Construction Administration, Observation and Contract Close -out services that will help you administer your contract with the Contractor. We typically provide these services on an hourly basis invoiced as additional services at our standard hourly rates. tl4aRNm9�u6emiretOZrAq nknMal B,wk vrbq��vem� rnwwa�oe4�Wrommviriood :Mwkpedrmwo�xmxJm December 6, 2012 Village of Oak Brook— Pedestrian Circulation Improvements 1 s Page 2 Professional Fees We propose to complete the outlined services for the following fees Phase I - Preliminary Design and Enqineerina Research, Analysis and Programming: $5,450 Boundary and Topographic Survey: $28,175 Schematic Desian (Preliminary Enaineerino): $35.725 Total Hourly Not- to-Exceed Fee Amount: $69,350 In addition to the fees, we will also invoice customary reimbursable expenses such as printing, mileage and courier services at cost plus a 15% markup. Please note that services, meetings, and revisions to previously completed work, not specified in the Scope of Services will be considered Additional Services. The Village and HDG acknowledge that the Village is continuing to negotiate with property owners and stakeholders regarding optional approaches, lighting and other enhancements, which may affect, decrease or increase the scope and costs of specific projects. Both parties agree that, by written direction, the Village may choose to modify the "Scope of Improvements by Project Area" to add, delete, or modify elements of the projects, and that the parties will negotiate and agree on the appropriate cost adjustments. The estimated costs associated with the Boundary and Topographic Survey includes all of the Project Areas as currently defined. Once the Preliminary Design and Engineering phase is complete, and we have a better understanding of the scale, character and complexity of the proposed improvements, we can finalize the scope, schedule and fees for the Final Design and Engineering Services and important Construction Phase Services. Project Team Under the supervision of Rick Hitchcock, I will be our Project Manager. I will be directly responsible for routine project communications with you and rest of the project team. Engineering Resource Associates will provide survey, civil, and electrical engineering services. Other members of the Urban Studio will participate as needed in order to advance the work in a timely way. Schedule We can begin this assignment within two (2) weeks of your authorization, and under normal circumstances, complete the work within a 90 day timeframe. However, the schedule will be weather dependent to complete the topographic survey, and dependent on establishing a timeline for Village and stakeholder review meetings. If this proposal is acceptable, we will forward our standard Professional Services Agreement for your review and authorization to proceed. Thanks, again, for the opportunity to participate on this important project. Sincerely, Hitc,hdock pelign Group Tim ing, R , A A Principal Encl: Scope of Services Proposed Improvements — Key Map Scope of Improvements by Project Area Memorandum cc: Rick Hitchcock, Hitchcock Design Group December 10, 2012 Village of Oak Brook — Pedestrian Circulation Improvements Page 1 Scope of Services PHASE I - PRELIMINARY DESIGN AND ENGINEERING SERVICES A. Research, Analysis and Programming Objective. Confirm the characteristics of the existing resources, village, property owners, and stakeholders and produce new maps and a program summary that will be the basis for further design. Process: Specifically, the HDG team will: 1. (Mtg #1) Conduct a kick -off meeting with Village representatives and the other project team members confirming: a. Geographic limits and improvement components by project area as identified in the planning study b. Project area ownership and access c. Property owners and constituent interest contacts d. IDOT and other jurisdictional agencies e. Budgeted costs and revenue sources f. Team responsibilities g. Communications protocol h. Decision making i. Schedule j. Invoicing and payment k. Other administrative considerations 2. Identify jurisdictional interests, code requirements, operational practices, and construction requirements of constituent and regulatory groups including: a. Village of Oak Brook b. IDOT c. Franchise power and communication utility providers d. Relevant property owners 3. Prepare and submit a concise Site Improvements Program memorandum that summarizes the research and analysis information and its impact on the proposed improvements identified in the planning study including: a. Background b. Goal and objectives c. Existing conditions d. Stakeholder interests (Village, property owners, jurisdictional agencies) e. Budget (basic construction categories and soft costs) Deliverables: Site Improvements Program (8.5x11, PDF) B. Boundary and Topographic Survey Objective: Prepare new Boundary and Topographic Surveys that wil be the basis for further design. Process: Specifically, ERA will: 1. Prepare a Boundary and Topographic Survey for each of the project areas establishing property lines, ownership, horizontal and vertical control, and locating natural features and manmade improvements including: a. Property lines b. Rights -of -way c. Easements d. Property ownership HITCHCOCK ESN GROUP December 10, 2012 Village of Oak Brook- Pedestrian Circulation Improvements Page 2 e. Bench marks visible from project area (FEMA and Village datums) f. Contours at one foot intervals g. Trees and significant landscape areas h. Underground water, storm and sanitary utilities including size, type, structures, grates i. Above and below ground power and communication utilities j. Curbs, walks, roadways, drives, lights, signals, and other physical conditions 2. Identify jurisdictional information related to survey work including: a. Village of Oak Brook utilities b. IDOT c. Franchise power and communication utility providers d. Relevant private properties 3. Using the inventoried data and the new boundary and topographic surveys, prepare Base Maps for each project area at appropriate scales. Notes: Boundary Survey will be prepared using tax maps, subdivision plats and easement information as provided by the Village, and field location of existing pipes. Actual title policies and more detailed preparation may be required to prepare plat of easements in the final engineering phase. Underground water, storm and sanitary utility information will be according to surface level survey, atlas, GIS, and JULIE locate information. Above and below grade power and communication utility information is according to surface level survey, private atlas, and JULIE located information. Deliverobles. Boundary survey /topographic survey (ACAD and PDF files); Base Maps (size TBD, B &W prints and PDF files) C. Schematic Design (Preliminary Engineering) Objective: Reach consensus on the type, location, organization, scale, character and potential cost of specific improvements. Process: Specifically, following your approval of the Site Improvement Program, the HOG team will: 1. (Mtg #2) Review the research, analysis, program, and survey information with Village representatives and confirm specific improvements to move forward with during preliminary design. 2. Prepare Preliminary Design Plans, including appropriate plan views, sections, elevations, and other graphic images, to illustrate the schematic organization, scale and character of the proposed improvements including: a. Sidewalks and bike paths b. Specialty paving c. Crosswalks (intersection and mid - block) d. Median refuge islands e. Directional kiosks f. Benches and furnishings g. Light bollards h. Pedestrian traffic signals and countdown timers i. Mid -block crossing signage and signals j. Retaining walls k. Landscape I. Utility modifications 3. Prepare Preliminary Construction Cost Opinions for each project area. • December 10, 2012 9 Village of Oak Brook— Pedestrian Circulation Improvements Page 3 4. (Mtg #3) Review the Preliminary Design Plans and Construction Cost Opinions with Village representatives. 5. (Mtg #4) Review the Preliminary Design Plans and Construction Cost Opinions with individual property owners at ajoint meeting. 6. Refine the Preliminary Design Plans giving increased attention to scale and character. 7. Prepare a Preliminary Implementation Schedule including: a. Completion of design and bid documents b. Permitting c. Anticipated bid let date d. Anticipated construction timeframe 8. (Mtg #5) Review the refined Preliminary Design Plans, Construction Cost Opinions and Implementation Schedule with Village representatives. 9. Refine our recommendations, as may be appropriate. 10. Prepare PowerPoint and Static Exhibits for presentation. 11. (Mtg #6) Present our recommendations to Village officials, property owners, committee members, and other stakeholders at a joint meeting. Deliverables: Preliminary Design Plans (11x17 color copies, PDF file for your reproduction and distribution); Preliminary Construction Cost Opinion (8.5x11 B &W copies, PDF file for your reproduction and distribution); Preliminary Implementation Schedule (8.5x11 B &W copies, PDF file for your reproduction and distribution); PowerPoint and Static Exhibits for presentation PHASE II - FINAL DESIGN AND ENGINEERING SERVICES (ADDITIONAL SERVICES TO BE NEGOTIATED FOLLOWING COMPLETION OF PHASE 1) A. Design Development (Pre -final Engineering) Objective: Reach consensus with the Village, property owners, and jurisdictional authorities on the final design, probable cost and construction strategy for the proposed improvements. Process: Specifically, based on the approved Preliminary Design Plans, the HDG team will: 1. Finalize the size, horizontal and vertical geometry, structure, materials and finish, as appropriate, for the proposed improvements, including: a. Sidewalks and bike paths b. Specialty paving c. Crosswalks (intersection and mid - block) d. Median refuge islands e. Directional kiosks f. Benches and furnishings g. Light bollards h. Pedestrian traffic signals and countdown timers i. Mid -block crossing signage and signals j. Retaining walls k. Landscape 2. Identify the site engineering requirements including: H17CHCOCK DESIGN GROUP creolingbetterplocA December 10, 2012 Village of Oak Brook- Pedestrian Circulation Improvements Page 4 a. Grading and drainage b. Storm sewer improvements and modifications c. Other required utility modifications d. Electrical requirements e. Traffic signal improvements and modifications f. Impacts to roadway, traffic, and travel lanes 3. Prepare Outline Specifications, including the products, materials and finishes of each component or system. 4. Prepare a summary of quantities and updated Construction Cost Opinion. S. (Mtg #12) Reviewthe drawings, specifications, product data and material samples with Village representatives. 6. Revise the drawings and supporting materials as may be required. 7. (Mtg #13) Review the drawings, specifications, product data and material samples with Village officials, property owners and other stakeholders at a joint meeting. 8. (Mtg #14) Present our recommendations to municipal elected officials for authorization to permit and bid the project. 9. Submit plans tolDOT for appropriate construction permits. 10. Make minor revisions as may be required to facilitate jurisdictional approvals and permits. Deliverables: Design Development Plans (one (1) set of 24x36 plans, 11 x17 copies, PDF file for your reproduction and distribution; Outline Specifications (8.5x11 copies, PDF file for your reproduction and distribution); Construction Cost Opinion (8.5x11 B &W copies, PDF file for your reproduction and distribution) B. Construction Documents (Final Engineering) Objective: Obtain the required permits and produce the final drawings, specifications, quantity schedules, project manual and other bid documents that will be used to competitively bid and construct the improvements. Process: Specifically, following your approval of the Design Development documents, the HDG team will: 1. Finalize the graphic and written documentation that will be used to bid and construct the improvements in one bid set including: a. Project identification and general information b. Notes, index and standards c. Summary of estimated quantities d. Alignment, ties and bench marks e. Maintenance of traffic f. Erosion and sedimentation control g. New and relocated underground utilities h. Grading and drainage i. Walks and bike paths j. Crosswalks (intersection and mid - block) k. Median refuge islands I. Signage kiosks m. Benches and furnishings HITCHCOCK RESIGN GROUP aearirgbetterplaces MAP December 10, 2012 t Village of Oak Brook— Pedestrian Circulation Improvements i Page 5 n. Bollard lighting and power distribution o. Pedestrian traffic signals and countdown timers p. Mid -block crossing signage and signals q. Retaining walls r. Landscape s. Construction details as required 2. Finalize the written documentation that will be used to bid and construct the improvements in one set including: a. Specifications and project manual b. Other required bid documents 3. Finalize the summary of quantities and Construction Cost Opinion. 4. Finalize a construction strategy including: a. Construction delivery system (CM, GC, other) b. Anticipated construction schedule c. Access, staging and other logistics d. Public relations e. Owner and consultant roles 5. (Mtg #15) Review the documents with Village representatives and other team members. 6. Make minor revisions as maybe required. Deliverables: Final Design Plans (one (1) set 24x36 plans, 11x17 copies, 8.5x11 copies, PDF file for your reproduction and distribution); Specifications (8.5x11 copies, PDF file for your reproduction and distribution); Final Construction Cost Opinion (8.5x11 B &W copies, PDF file for your reproduction and distribution) C. Bidding and Negotiation Objective. Help select a qualified contractor to construct the improvements. Process: Following your approval of the Contract Documents, the HOG team will: 1. Provide a digital and 1 set of contract documents for your reproduction for bidding. 2. Conduct a pre -bid meeting for interested bidders. 3. Answer questions and issue written addenda, when appropriate, to all bidders regarding changes to or clarifications of the Contract Documents. 4. Review the bids, tabulate the results and issue a recommendation to you regarding the contract award. 5. Present the recommendations to municipal elected officials. Deliverables: Final Bid Documents (one (1) set 24x36 plans, 11 x1 7 copies, PDF file for your reproduction and distribution) GENERAL PROJECT ADMINISTRATION In addition to the services outlined above, HDG will administer the performance of its own work throughout the term of the contract by providing the following services: HRCHCOCK DESIGN GROUP December 10, 2012 Village of Oak Brook — Pedestrian Circulation Improvements Page 6 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 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 OPTIONAL, ADDITIONAL SERVICES Services, meetings, or revisions to previously completed work not specified in this scope of services will be considered Additional Services. If circumstances arise during HDG's performance of the outlined services that require additional services, HDG will promptly notify Client about the nature, extent and probable additional cost of the Additional Services, and perform only such Additional Services following Client's written authorization. HITCHCOCK DESIGN GROUP a a �o Y N C N E T C�CLU C G � V H � � 'D aa� ii I ? I 221W.kfIM nA%W Rapu k1l1irWh6M 638961.1187 Mldx0kdes4npq=n R&Vft Laadscwkd*d= Memorandum Date: December 10, 2012 RE: Village of Oak Brook Pedestrian Circulation Improvements — Scope of Improvements by Project Area A. W Street Connection to Mall Ring Road a. Option 1 and 2 (exclude Option 3 due to cost and complications of bridge) b. Standard sidewalks c. Specialty paving sidewalks (limits TBD) d. Crosswalks (standard, specialty, or both) e. Light bollards (limits TBD) f. Directional kiosk (location and message TBD) g. Bench and furnishings (location TBD) h. Evaluate pedestrian signal timing and addition of pedestrian countdown signals at 1B" /Mall Drive and at crosswalk from Pinstripes on Ring Road i. Landscape, if any, by owner Survey Cost: Option 1: $4,025 Option 2: $865 B. Oak Brook Club Connection to Existing Bike Path a. Standard sidewalk extension b. Retaining wall c. Specialty paving crosswalk d. Asphalt bike path extension e. Median refuge island f. Mid -block pedestrian crossing warning signs /lights g. Landscape restoration Survey Cost: $1,725 C. Double Tree Connection to Mall a. Evaluate options 1, 2 and 3 combined b. Standard sidewalks c. ADA switchback ramp /railings d. Retaining walls e. Specialty paving sidewalks (limits TBD) f. Crosswalks (standard, specialty, or both) g. Light bollards (limits TBD) h. Directional kiosk (location and message TBD) i. Bench and furnishings (location TBD) j. Landscape, if any, by owners k. Evaluate pedestrian signal timing and addition of pedestrian countdown signals at Harger /Mall Drive I. Median refuge island m. Mid -block pedestrian crossing warning signs /lights Survey Cost: Option l: $4,025 Option 2: $575 Option 3: $1,150 FVAarlXmgbBBr2n¢u0.we>gakntWl Brad, VBM�eaMedetmnfnulmbnL�gn4nema Mi11110gry 1aw,oakdwlpMMywememcJaa D. East Mall Parking Lot a. Standard sidewalk only Survey Cost: $865 E. Commerce Drive and Spring Road Connection to Mall a. Standard sidewalks b. Retaining walls along parking lot c. Specialty paving sidewalks (limits TBD) d. Crosswalks (standard, specialty, or both) e. Light bollards (limits TBD) f. Evaluate pedestrian signal timing and addition of pedestrian countdown signals at Commerce /Mall Drive g. Median refuge island h. Mid -block pedestrian crossing warning signs /lights on Commerce only i. Landscape, if any, by owners j. Evaluate feasibility of alternate sidewalk connection towards Cheesecake Factory Survey Cost: $5,750 F. Resident Inn Connection to Existing Bike Path a. Standard sidewalks b. Asphalt bike path c. Retaining walls d. Standard crosswalks e. Light bollards (limits TBD) f. Landscape restoration Survey Cost: $1,725 G. Marriott/Executive Plaza Connection to Mall a. Standard sidewalks b. Retaining walls along sidewalks if necessary c. Specialty paving sidewalks (limits TBD) d. Crosswalks (standard, specialty, or both) e. Light bollards (limits TBD) f. Evaluate pedestrian signal timing and addition of pedestrian countdown signals and enhanced crossing signals at 22 "' /Mall Drive g. Median refuge islands h. Mid -block pedestrian crossing warning signs /lights on Oakbrook Center Drive i. Landscape, if any, by owner Survey Cost: East Side: $1,725 West Side: $2,300 H. South Mall Parking Lot a. Sidewalk enhancements /staining b. Light bollards (limits TBD) c. Directional kiosk (location and message TBD) d. Bench and furnishings (location TBD) e. Landscape, if any, by owner Survey Cost: $2,300 b� fig 1. 1400160 Street /Oaks of Oak Brook Connection to Mall a. Standard sidewalks b. Specialty paving sidewalks (limits TBD) c. Crosswalks (standard, specialty, or both) on Rt. 83 and 16" Street d. Retaining walls e. Landscape, if any, by owner Survey Cost: $1,150 i r• M • Standard Billing Rates and Expenses Effective April 1, 2012 For projects or phases that are invoiced on an hourly basis, we 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. Those activities and their corresponding hourly billing rates are: Billing Rates Leadership $210 Management $140 Planning $130 Design $120 Documentation $85 Administrative Support $75 Construction Administration $130 Construction Observation $110 Expenses In addition to our standard hourly rates, we invoice authorized sub - consultant fees, travel and reproduction expenses, at 115% of our cost. We will invoice mileage in personal or company -owned cars at 115% of the current IRS reimbursement rate. EXHIBIT A ENGINEERING RESOURCE ASSOCIATES, INC. Client Hourly Rate Schedule CHARGES FOR PROFESSIONAL SERVICES JANUARY 1, 2012 THROUGH DECEMBER 31, 2013 Staff Category Hourly Rate Professional Engineer VI $175.00 Professional Engineer V $165.00 Professional Engineer IV $154.00 Professional Engineer III $125.00 Professional Engineer II $115.00 Professional Engineer 1 $90.00 Structural Engineer VI $175.00 Structural Engineer III $110.00 Staff Engineer III $85.00 Staff Engineer II $78.00 Staff Engineer 1 $70.00 Engineering Intern II $40.00 Engineering Intern 1 $32.00 Engineering Technician V $95.00 Engineering Technician IV $80.00 Engineering Technician III $65.00 Engineering Technician II $42.00 Engineering Technician 1 $23.00 Environmental Specialist III $110.00 Environmental Specialist II $82.00 Environmental Specialist 1 $70.00 Professional Surveyor II $130.00 Professional Surveyor 1 $110.00 Surveyor V $80.00 Surveyor IV $75.00 Surveyor 111 $60.00 Surveyor II $50.00 Surveyor 1 $35.00 Administrative Director $125.00 Administrative Staff IV $73.00 Administrative Staff III $65.00 Administrative Staff II $55.00 Administrative Staff 1 $50.00 DIRECT COSTS Direct Costs will be billed at their actual rate with (10 %) percent mark up.