R-1220 - 12/11/2012 - PEDESTRIAN ACCESS - Resolutions Supporting DocumentsIT1EM 11.13.2)
AGENDA ITEM
Regular Board of Trustees Meeting
of
December 11, 2012
SUBJECT: Professional Services Agreement with the Hitchcock Design Group for the
Pedestrian Access Project
FROM: Mike Hullihan, P.E., Village Engineer
BUDGET SOURCE/BUDGET IMPACT: $250,000 is currently programmed in program 171-
76840 for this project.
RECOMMENDED MOTION: I move that the Village Board approve the attached
agreement with the Hitchcock Design Group for the Pedestrian Access Project for an
amount not to exceed ($XXXXXX),
Back2round/Historv: The Streetscape Improvements Committee has been formulating a
project to improve pedestrian and bicycle access to the Oakbrook Center. The objective of this
project is to eliminate gaps in current safety pathways to facilitate safe and easy access to the
Oakbrook Center from surrounding hotels and commercial buildings. Several possible initiatives
have been identified to address approaches from the North, East, and South. The objective of
this professional services agreement is to take these proposed initiatives through the preliminary
engineering phase.
As a result of this effort the Village should be able to move to the detailed engineering and
construction of several projects during 2013. The remainder of the initiatives will follow in
2014. The final amount will depend on the number and degree of enhancements added to the
basic requirements.
The project has been presented to the Commercial Revitalization Committee, hotel general
managers, and Chamber of Commerce, as well as interested retail and commercial building
owners in the vicinity of the Oakbrook Center. The reaction has been positive and several of the
stakeholders have expressed a willingness to share in the cost of the improvements. At a recent
meeting of the various stakeholders, plans were presented showing a "barebones" approach of
approximately $426,000 to an "Oak Brook Class" approach of approximately $866,000. The
group favored the "Oak Brook Class" improvements.
Due to the complexities of work assignments involved and the inclusion of several contingencies
in the draft proposal, staff is negotiating a more defined scope and not to exceed price. The
results of this negotiation will be presented to the Board prior to consideration on Tuesday night.
As soon as we get the proposed number and final contract, we will email to board.
Recommendation:
I recommend that the Village Board approve the attached agreement with the Hitchcock Design
Group for the Pedestrian Access Project for an amount not -to- exceed $XXXX.
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 et seq., and Section 1 -7 -6 of the Village Code, the Village is not required to fallow 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]
Resolution 2012 -PED- ACCESS- AG -EX -R -1220
Engineering Design Services for the Pedestrian Access Project
2 of
APPROVED THIS 11th day of December, 2012
Gopal G. Lalmalani
Village President
PASSED THIS 11th day of December, 2012
Ayes:
ATTEST:
Charlotte K. Pruss
Village Clerk
#11874967_vl
Resolution 2012 -PED- ACCESS- AG -EX -R -1220
Engineering Design Services for the Pedestrian Access Project
3 of
EXHIBIT A
Proposal
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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.
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December 6, 2012
Village of Oak Brook — PedestrianCirculationImprovements
A s
Page 2
Professional Fees
We propose to complete the outlined services for the following fees:
Phase I - Preliminary Desian and Enaineerin
Research, Analysis and Programming: $5,450
Boundary and Topographic Survey: $28,175
Schematic Design (Preliminary Engineering): $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,
Hit sock es`ign Group
Ti R A A
End: Scope of Services
Proposed Improvements — Key Map
Scope of Improvements by Project Area Memorandum
cc: Rick Hitchcock, Hitchcock Design Group
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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
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.
Deliverables: 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
1. Mid -block crossing signage and signals
J. Retaining walls
k. Landscape
I. Utility modifications
3. Prepare Preliminary Construction Cost Opinions for each project area.
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December 10, 2012
11111111111111F WE 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 a joint 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
L Mid -block crossing signage and signals
J. Retaining walls
k. Landscape
2. Identify the site engineering requirements including:
HITO ICOCK
DESIGN
GROUP
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.
5. (Mtg #12) Review the 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 to ]DOT 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, l l 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
L Walks and bike paths
J. Crosswalks (intersection and mid - block)
k. Median refuge islands
I. Signage kiosks
m. Benches and furnishings
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December 10, 2012
FAA Village of Oak Brook— Pedestrian Circulation Improvements
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, 11 x17 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 x17 copies, PDF file for your
reproduction and distribution)
GENERAL PROJECT ADMINISTRATION
In addition to the services outlined above, HOG will administer the performance of its own work
throughout the term of the contract by providing the following services:
•
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.
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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
16" /Mall Drive and at crosswalkfrom 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 TED)
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
1. Median refuge island
m. Mid -block pedestrian crossing warning signs /lights
Survey Cost: Option 1: $4,025
Option 2: $575
Option 3: $1,150
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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
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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
Professional Service Agreement
This agreement (Agreement) between Hitchcock Design, Inc., an Illinois corporation doing business
as Hitchcock Design Group (HDG), 221 West Jefferson Avenue, Naperville, Illinois 60540 and the
Village of Oak Brook (Client), is entered into on December 11, 2012, and includes eight parts:
Project Description, Project Team, Scope of Services, Schedule, Compensation and Payment, Client
Responsibilities, Additional Conditions and Acceptance.
PART ONE: PROJECT DESCRIPTION
The Village of Oak Brook Pedestrian Circulation Improvements — Preliminary Design and
Engineering project consists of Research, Analysis and Programming, Boundary and Topographic
Survey, and Schematic Design (Preliminary Engineering) for the areas as described and illustrated on
the Proposed Improvements Key Map and Scope of Improvements Memorandum.
PART TWO: PROJECT TEAM
Village of Oak Brook representative: Michael Hullihan, Director of Public Works
Hitchcock Design Group representative: Timothy C. King, Principal
Engineering Resource Associates: John Mayer
PART THREE: BASIC SERVICES
The attached Scope of Services is made a part of this Agreement.
PART FOUR: SCHEDULE
The work will begin within 2 weeks of authorization and will be coordinated with the Village and
Stakeholders meeting schedule and is anticipated to be completed in a 3 month timeframe.
221W-kft m kffW PART FIVE: COMPENSATION AND PAYMENT
N N 6" Fee Type and Amount
610961.1787 Client agrees to compensate HDG for the Authorized Scope of Services described in Part Three of this
Agreement for the following fee amounts:
WAO"esirgoP Phase I — Preliminary Design and Engineering
Research, Analysis and Programming: $5,450
Boundary and Topographic Survey: $25,175
Schematic Design (Preliminary Engineering): 535.725
Total Hourly Not- to-Exceed Fee Amount: $69,350
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. The parties agree that, by written
direction, the Village may modify the "Scope of Improvements by Project Area" to add, delete, or
modify elements of projects, and that the parties will negotiate and agree on the appropriate cost
adjustments.
Authorized Additional services
If circumstances arise during HDG's performance of its Scope of Services that require additional
services, HDG will 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. Client
agrees to compensate HDG for Authorized Additional Services in addition to the fee for the
Authorized Scope of Services.
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December 11, 2012
Village of Oak Brook— Pedestrian Circulation Improvements Preliminary Design and Engineering
Page 2
Reimbursable Expenses
In addition to the fees for the Authorized Scope of Services and Authorized Additional Services, Client
agrees to compensate HOG for delivery, travel, and reproduction expenses at 115% of HDG's actual
cost. Mileage is calculated at the current IRS reimbursable rate.
Standard Rates
The attached Billing Rates are made a part of this Agreement.
Payment
Invoices
Each month, or at other appropriate intervals, HOG will provide invoices that describe the invoice
period, the services rendered, fees and expenses due, payment due date, billing history and other
appropriate information. Invoices for fixed fees will describe the percentage of the services
completed. Invoices for hourly fees will describe the tasks, hours and hourly rates for the services
completed.
Statements
Each month, HOG will issue a statement of Client's account describing the outstanding invoices and
balances for each contract, the aggregate outstanding balance, and the aggregate credit limit.
Progress Payments
Client agrees to promptly review HOG invoices and make full payment for Authorized Scope of
Services, Authorized Additional Services and Reimbursable Expenses. Invoices will be past due, if not
paid in full within 30 days of the invoice date. If Client objects to any portion of the invoice, Client
agrees to notify HOG, in writing, within 7 days or receipt regarding the Client's objection and pay the
undisputed amount in accordance with this Agreement.
Interest and Collection Costs
Client agrees to pay a finance charge of 1'h% per month on unpaid account balances that are past
due. In the event that HOG must retain an attorney to enforce Client's payment obligations, Client
agrees to pay HDG's reasonable attorneys' fees and costs, regardless of whether suit is filed.
PART SIX: CLIENT RESPONSIBILITIES
Representation
Client agrees to designate a representative authorized to act on its behalf. HOG will direct
communications to Client through its designated representative. Client agrees to communicate with
HDG's project manager in a timely manner in order to expediently advance HOG services.
Program Requirements
Client agrees to provide customary program requirements forthe project, including objectives,
standards and criteria, schedule, process, communications and budget.
Existing Conditions
Client agrees to provide current information regarding the existing conditions for the project area,
including: boundary, legal description, ownership, easements and restrictions; topography and
benchmark; soils, utilities, hydrology /wetlands, vegetation, land uses, archeology, traffic. HOG is
entitled to rely on the accuracy and completeness of the information provided.
Access
Client agrees to provide HOG and its sub consultants access to the property for observation.
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Village of Oak Brook— Pedestrian Circulation Improvements Preliminary Design and Engineering
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Specialized Consultation
Client agrees to provide the services of specialized consultants, not identified on the Project Team,
when they are needed to meet Client's project program requirements.
Changed Conditions
Client agrees to promptly notify HDG in writing of any condition, event or circumstance that may
affect the performance of our services.
Financing
Client agrees to compensate HDG regardless of Client's ability to secure loans, mortgages, additional
equity, grants or other supplementary financing for the project. If requested, Client agrees to provide
evidence that Client is capable of paying for the services described in this Agreement.
Permits
Unless specifically described in HDG's Basic Services, Client agrees to obtain and pay for all necessary
permits from authorities with jurisdiction over the Project.
Delay
Client agrees to comply with Part Six of this Agreement and to render decisions in a timely manner so
as not to delay the orderly and sequential progress of our services.
Client Expense
Client agrees to comply with Part Six of this Agreement at its own expense.
PART SEVEN: ADDITIONAL CONDITIONS
Standard of Care
HDG will perform the Authorized Scope of Services and Authorized Additional Services in accordance
with generally accepted standards of ordinary and reasonable skill exercised by landscape architects
and planners at the time and location such services are rendered.
Suspension of Services
If Client has not paid HDG's invoice within 90 days of the invoice date, or if Client has an open
aggregate account balance of more than $10,000 or 25% of or total professional fees, whichever is
less, HDG may suspend services under this Agreement by providing 7 days written notice to Client.
HDG shall have no liability because of such suspension of services. If either party to this Agreement
suspends services for more than 30 consecutive days, Client agrees to compensate HDG for services
performed prior to notice of such suspension, and when the Project is resumed, compensate HDG for
costs incurred during the interruption and resumption of services. Client further agrees to equitably
adjust HDG's schedule and fees for the remaining services.
Termination of Services
Either parry may terminate this Agreement upon not less than seven days written notice should the
other party fail to substantially perform in accordance with the terms of this Agreement through no
fault of the terminating parry. Client may terminate this agreement for its convenience and without
cause by providing not less than seven days written notice. If Client terminates this Agreement for its
convenience and without cause, Client agrees to compensate HDG for services performed prior to the
termination, together with Reimbursable Expenses and Authorized Additional services.
Ownership of Documents
HDG retains the ownership of documents prepared by us as instruments of service. Upon payment of
outstanding invoices related to this Agreement, Client is granted a non - exclusive, non - revocable
license to use the documents, or copies of the documents, created during the performance of HDG's
services for reference, marketing and operation of the project. However, HDG retains the exclusive
copyright to the plans, designs and information contained on the documents and all other use of the
December 11, 2012
Village of Oak Brook - Pedestrian Circulation Improvements Preliminary Design and Engineering
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documents is expressly prohibited except when granted, in writing, by HDG. Client agrees to defend
and hold HDG harmless from any claim arising from the alleged damages as a consequence of re -use
or unauthorized use of the documents. If HDG provides any documents in digital format, at Client's
direction, HDG cannot and does not represent, warrant or take any responsibility for the proper
operation, compatibility or use of any third party software products or the media on which the
documents are transmitted, including but not limited to software, memory devices or transmission by
electronic mail.
Credit
Client agrees to give HDG proper creditfor its professional services in Client's official
communications, published articles, and temporary project identification signage.
Risk Allocation and Indemnity
HDG is responsible only for the Scope of Services authorized in this Agreement. Client may choose to
modify HDG's deliverables at Client's risk. Client agrees to defend, indemnify and hold HDG harmless
for damages, which may occur as a result of modifications made to our deliverables by others without
our authorization, or for damages, which may occur because of the improper or negligent work of
others.
Client agrees to indemnify and hold HDG harmless for any delay in the performance or progress of
the project, or for any costs or damages sustained by Client resulting from such delay caused by any
act or neglect by Client or Client's representatives, or by any third party acting on Client's behalf, or by
changes ordered in the project as a result of any regulatory authority, or riot or civil commotion, or by
any other cause beyond HDG's control. In the event of such delay, HDG will proceed with due
diligence to alleviate the delay and continue the performance of its obligations under this contract.
Client further agrees to indemnify and hold HDG harmless from delays or losses experienced by Client
or others resulting from the discovery of concealed conditions, which require additional professional
services, disposal, mitigation, or other remedial action. Client also agrees to indemnify and hold HDG
harmless from delays or losses experienced by Client or others, which result from the discovery of
hazardous wastes, and contaminants or pollutants, which require remedial design, mitigation, or
other remedial action. When such discovery warrants the need for additional professional services by
HDG, those services will be considered additional services.
HDG agrees to indemnify and hold harmless the Client against damages, liabilities or costs, including
reasonable attorneys' fees and defense costs, to the extent caused by the negligent performance of
HDG and its sub consultants.
Limitation of Liability
Client agrees to limit any claim made against HDG to the amount of compensation actually paid to
HDG under this Agreement. This limitation of liability applies to all claims including, breach of
contract, torts or any other theory.
Insurance
HDG maintains General Liability, Workers Compensation, Automobile Liability and Professional
Liability Insurance at all times. Certificates of Insurance are available on request.
Waiver of Subrogation
Both parties to this Agreement waive the right of subrogation for damages covered by property
insurance.
Quantity and Cost Opinion
HDG has no control over the cost of labor, materials, and equipment or the services of others. HDG
provides quantity summaries and opinions of probable cost based on its professional judgment,
familiarity with the construction industry, and on recent, comparable bidding results. Consequently,
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t Village of Oak Brook- Pedestrian Circulation Improvements Preliminary Design and Engineering
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HOG does not guarantee the accuracy or thoroughness of its quantity summaries or opinions of
probable cost. HDG approximates certain quantities and /or costs for Client's convenience. The
Contractor is responsible for determining actual quantities and providing sufficient labor, services,
equipment, and materials to complete the work as drawn and specified.
Third Party Approvals
HDG will work diligently to help Client secure approvals from the appropriate regulatory authorities
related to the services specified in this Agreement. However, HDG cannot guarantee the approval of
the project by any regulatory agency or third party. Client agrees to compensate HDG for our
professional services regardless of the outcome of Client's applications for approval by others.
Dispute Resolution
Both parties agree to submit any disputes arising out of this Agreement or relating to the services
outlined in the Agreement to non - binding mediation in the Chicago office of JAMS before initiating
any litigation. Demand for mediation shall be made by written request to JAMS, with copies to the
other party. In the event that mediation has not resolved the dispute(s) within 60 days of demand,
either party may pursue its rights in litigation. A party shall make a demand for mediation within a
reasonable time after a claim or dispute arises, and the parties agree to mediate in good faith. In no
event shall any demand for mediation be made after such claim or dispute would be barred by
applicable law. Mediation fees shall be shared equally. Following mediation, disputes shall be
resolved in a Court of appropriate jurisdiction. In any proceeding following unsuccessful mediation,
the substantially prevailing party shall be entitled as part of any moneyjudgment, in addition to such
other relief as may be granted, to a reasonable sum for reimbursement of attorneys' fees and costs.
Choice of Law
This Agreement is governed by the laws of the County of DuPage and the State of Illinois.
Authorization
If HDG is authorized to commence and /or continue providing services, either orally or in writing, prior
to the execution of this Agreement, such authorization will be deemed an acceptance of this
Agreement. If so authorized, Client agrees to compensate HDG for such services in accordance with
these terms and conditions as though this Agreement were fully executed by both parties.
Extent
This contract constitutes the entire agreement between HDG and Client. It supersedes all previous
written or oral understandings. It can be supplemented, or amended, only by the execution of a new
written agreement.
PART EIGHT: ACCEPTANCE
Please indicate your acceptance of this Agreement by returning two copies, each with original
signature. A countersigned agreement will be returned to you. This agreement may be modified or
withdrawn unless written authorization to proceed has been received within 30 days.
Accepted:
Signature of individual authorized to accept this agreement on behalf of client
Printed Name and Title
Accepted:
Timothy C. King, Principal
Hitchcock Design Group
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HITCHCOCK
GROUP
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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%ofthe current IRS reimbursement rate.