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R-43-06 05/22/2006VILLAGE OF LEMONT RESOLUTION NO. 4)- 43-c 4, MAY 22, 2006 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT FOR PLANNING AND GENERAL PROJECT ADMINISTRATION SERVICES BY AND BETWEEN THE HITCHCOCK DESIGN GROUP AND THE VILLAGE OF LEMONT APPROVED BY THE PRESIDENT AND THE BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT THIS 22ND DAY OF MAY, 2006. PUBLISHED IN PAMPHLET FORM BY AUTHORITY OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND DUPAGE, ILLINOIS, THIS 22ND DAY OF MAY, 2006 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT FOR PLANNING AND GENERAL PROJECT ADMINISTRATION SERVICES BY AND BETWEEN THE HITCHCOCK DESIGN GROUP AND THE VILLAGE OF LEMONT WHEREAS, the Village of Lemont seeks to balance the historic character of the Village with the rapidly expanding demand for increased mobility, new housing, and commercial development; and WHEREAS, the Village has designated a high - visibility area for study, called the "east gateway" neighborhood to describe the area on both sides of Main Street, extending approximately from Illinois Street to just east of McGuire Parkway; WHEREAS, the Village has requested a site analysis incorporating existing physical and regulatory data, natural, environmental and open space areas, and readily available information on access, circulation, parking data, and existing community demographics into said analysis; and WHEREAS, the Village has requested several alternative concepts for the east gateway area utilizing said site analysis and culminating in a Final Report; and WHEREAS, the Village has requested periodic meetings and public forums be held at the Lemont Village Hall; and WHEREAS, the Village requires maintenance of a current project schedule, staff and meeting schedules, files, drawings and document data, and time and expense records; and WHEREAS, the Village of Lemont has selected Hitchcock Design Group to perform Planning and General Project Administration services for the east gateway area. NOW, THEREFORE, BE IT RESOLVED that the Village President is authorized to execute on behalf of the Village of Lemont the attached Agreement with Hitchcock Design Group with the following conditions: Section 1. That said consulting services be performed in substantially the manner described in the attached proposal and scope of services; and Section 2. That said services be performed for a lump sum fee of $12,900 plus customary out -of- pocket expenses; and Section 3. That said services culminating in a Final Report will be completed in approximately six to eight weeks. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND DUPAGE, ILLINOIS on this 22nd day of May, 2006. AYES NAYS PASSED ABSENT Debby Blatzer Brian Reaves Peter Coules Clifford Miklos Ronald Stapleton Jeanette Virgilio Approved by me this 22' day of May, 2006 J Attest: CHARLENE SMOLLEN, Village Clerk HN F. PIAZZ , illage President LACOMMU LAITY DEVELOPMENT DEPIwRDINARCES.RESOLLRIONS1-1nkW6t ggee.wpd Hitchcock Design Group Creating Better Places® May 4, 2006 Mr. James A. Brown Community Development Director City of Lemont 418 Main Street Lemont, IL 60439 RE: East Gateway Neighborhood Dear Mr. Brown: Thank you for asking Hitchcock Design Group to submit this proposal for your east gateway neighborhood. We look forward to exploring the potential for this high - visibility area and advancing our relationship with you and other community leaders. We understand that because of recent private sector development proposals, the Village wants to study the development potential of the neighborhood on both sides of Main Street that extends, approximately, from Illinois Street to just east of McGuire. Given its location, this neighborhood serves as an important gateway from the east into downtown Lemont so land use, access /circulation and character will all contribute to the community's image. We propose a simple, three- phased process that includes a brief Opportunity Analysis, several Alternate Concepts and a concise, Final Report for a lump sum fee of $12,900, plus customary out -of- pocket expenses. This process is outlined, in greater detail, in the attached scope of services. Under my direction, Carl Wohlt, a senior associate and urban planner, will be our project manager. Carl will be directly responsible for routine project communications and coordination of our work with you and your colleagues. In collaboration with other experienced planners and designers in our Real Estate Development and Urban Design Studios, Carl and I will complete the outlined work and make public presentations, when appropriate. We can begin this work within two weeks of authorization, and under normal circumstances, complete the assignment in about six to eight weeks. Please let me know how you wish to proceed so we can finalize the schedule and contractual details. Thanks again for considering Hitchcock Design Group for this important project. Sincerely, Hitchcock Design Group Richard G. Hitchcock President Encl: scope of services, standard billing rates, sample contract cc: Jennifer Brestal, Larry Peterman, Hitchcock Design Group 221 West Jefferson Avenue Naperville, Illinois 60540 T 630.961.1787 F 630. 961.9925 www.hitchcockdesigngroup.com n Hitchcock Design Group Creating Better Places® Scope of Services Planning A. Opportunity Analysis 1. Conduct an administrative kickoff meeting with you to: a. introduce and meet the project team members b. confirm the approximate geographic limits of the study area c. discuss the project goals and objectives d. identify stakeholder and constituent interests e. confirm consultant and client responsibilities f. confirm a preliminary schedule g. review communications protocol h. review the proposed fee, expenses and invoice process i. review decision making process j. review other contractual terms and conditions 2. Collect readily available existing physical and regulatory data including: a. aerial photography, GIS maps b. public property ownership, easements and jurisdictional interests c. general land use information including: i. existing land use and zoning ii. comprehensive and/or special area plans iii. properties for sale or lease d. natural, environmental and open space information including: i. topography ii. hydrology / wetlands iii. vegetation iv. environmentally degraded or sensitive sites v. archaeologically significant sites vi. infrastructure and utility availability and condition vii. jurisdictional regulations 3. Collect readily available existing access, circulation and parking data including: a. general motorist, bicycle and pedestrian circulation patterns b. general roadway conditions c. pending improvements d. wayfinding systems 4. Collect readily available existing community demographic data, including a. population b. growth trends 5. Interview Village representatives and selected study area property owners to identify current development plans, regulations and procedures and their opinions about community needs and future development opportunities. 6. Walk the project area with you to observe, photograph and gather first hand opinions about readily apparent conditions and patterns of use. 7. Using digital information obtained from others, create digital base maps at appropriate scales for the study area. Village of Lemont East Gateway Neighborhood Page 1 of 3 May 4, 2006 B. Alternative Concepts 1. Using the results of the Site Analysis and a combination of text, graphics and photographic images from comparable settings, prepare alternative concepts for the study area identifying the approximate location and general character of potential: a. public and private land uses b. access and circulation c. open space d. special features 2. Review the alternative concepts with Village staff and other relevant stakeholders. Identify one preferred concept to advance for the study area. 3. Refine the preferred concept. 4. Present the refined schematic concept to Village representatives and other relevant stakeholders. 5. Refine the preferred concept as may be appropriate. 6. Present the Site Analysis, Alternative and Preferred Concepts to the Planning Commission. C. Final Report 1. Using appropriate text, graphics and data, prepare a brief draft report that concisely summarizes the Opportunity Analysis and the Alternative and Preferred Concepts. 2. Review the draft report with the Village staff. 3. Revise the draft report as may be appropriate. Deliver 1 color original and a PDF file for reproduction and distribution. 4. Present the draft report to the Village Board. 5. Finalize the report. 6. Deliver lcolor original and an electronic file in PDF format of the Final Report. General Project Administration We will manage the performance of our own work throughout the term of the contract by providing the following services: A. Communications 1. Schedule, create agendas and summarize the highlights of periodic meetings. 2. Rehearse, attend and present at public forums identified. 3. Collect and disseminate communications from other parties. 4. Periodically inform your representative about our progress. B. Schedules 1. Create, periodically update and distribute the project schedule. 2. Coordinate the activities of our staff and our consultants. C. Staffing 1. Select and assign staff members and/or consultants to appropriate tasks and services. 2. Prepare and administer consultant agreements. 3. File Maintenance 4. Establish and maintain appropriate correspondence, financial, drawing and data files. 5. Obtain appropriate insurance certificates from consultants. 6. Maintain appropriate time and expense records. Village of Lemont Page 2 of 3 May 4, 2006 East Gateway Neighborhood Additional Services We can provide many additional services that will help you to advance the master plan initiatives including supplementary graphics, presentations, developer recruitment, private sector fund raising and project advocacy with funding and jurisdictional agencies. These services are usually provided in addition to our basic services at our standard hourly billing rates, plus customary expenses. Authorization If circumstances arise during our performance of the services outlined which we believe require additional services, we will promptly notify you about the nature, extent and probable additional cost of the additional services, and perform only such additional services following your written authorization. Village of Lemont East Gateway Neighborhood Page 3 of 3 May 4, 2006 TERMS AND CONDITIONS This agreement with Hitchcock Design, Inc., an Illinois corporation doing business as Hitchcock Design Group (HDG) 221 W. Jefferson Avenue Naperville, IL 60540, is effective as of the date HDG commenced work, consists of the terms identified herein along with the attached proposal and scope of services. COMPENSATION AND PAYMENT Basic Services: See attached proposal letter for a breakdown of our fees. Additional Services: You agree to compensate us for authorized additional services not identified in the scope of services on an hourly basis at our standard rates. Fees for additional outside consulting services will be marked up by 15 %. Expenses: In addition to our standard hourly rates and /or fixed fee, we invoice authorized sub - consultant, delivery service, travel, and reproduction expenses at our cost, plus a 15% mark up. Employee mileage is reimbursed at $0.405 a mile. Standard Rates: See the attached Billing Rates sheet for a listing of hourly rates. Excluded Services: Excluded Services are not part of the Landscape Architect's Basic or Additional Services and are the responsibility of others. Adjustment: You agree to equitably adjust our compensation for circumstances beyond our control, as follows: Time Extension For fixed fee contracts or phases of the contract, we will provide an estimate of additional services and fees for extension of the project past the specified Contract time. For hourly contracts or phases of the contract, we will provide an updated schedule of our standard rates after March 31. Suspended Services In consideration of our costs to restart a suspended project, you agree to increase the fixed fees for Basic Services by 10% for services, which have been suspended at your convenience for more than 90 days and subsequently resumed at a later date. Payment: Invoices Each month, or at other appropriate intervals, we 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, we will issue a statement of your account describing the outstanding invoices and balances for each contract, the aggregate outstanding balance, and the aggregate credit limit. Progress Payments Full payment for Basic Services, Additional Services and accrued expenses that are invoiced each month as work progresses are due within 30 days of the invoice date for accounts in good standing. Interest A service charge of 1Y2% per month may be added to unpaid account balances that are past due. In the event that we are required to retain an attorney to enforce your obligations to pay, regardless of whether suit is filed, you agree to pay reasonable attorneys' fees and costs incurred. CLIENT RESPONSIBILITIES Representation: You agree to designate a representative authorized to act on your behalf. We will direct our communications to you through your representative. You agree to communicate with our project manager in a timely manner in order to expediently advance the progress of the work. Program Requirements: You agree to provide customary program requirements for the project, including objectives, standards and criteria, schedule, process, communications and budget. Existing Conditions: You agree 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. We are entitled to rely on the accuracy and completeness of the information provided by you. Access: You agree to provide access to the property for observation by our sub - consultants and us. Specialized Consultation: You agree to provide the services of specialized consultants, when they are needed to meet your project program requirements. Changed Conditions: You agree to notify us promptly in writing of any condition, event or circumstance that may affect the performance of our services. Financing: You agree to compensate us for our professional services regardless of your ability to secure loans, mortgages, additional equity or other supplementary financing for the project. If requested, you agree to provide evidence that you are capable of paying for the services described in this Agreement. Permits and other Costs: Client will obtain and pay for all necessary permits from authorities with jurisdiction over the Project. You understand that HDG cannot guarantee the results outcome or success of any referendum, zoning, acquisition, or other approvals relating to the Project. You agree to pay for our services regardless of the outcomes of the above- mentioned approvals. Client Expense: You agree to fumish the information described in Client Responsibilities of this Agreement at your own expense. Delay: Client agrees to provide the items described under Client Responsibilities in this Agreement and to render decisions in a timely manner so as not to delay the orderly and sequential progress of HDG's services. ADDITIONAL CONDITIONS Suspension of Services: We reserve the right to suspend or terminate (in accordance with the provisions below) our services if you have unpaid invoices over 90 days old, or if you have an open aggregate ac'ount balance of more than $10,000 or 25% of our professional fees, whichever is less. HDG shall have no liability because of such suspension of services or termination due to Client's nonpayment. If the Owner suspends the Project for more than 30 consecutive days, HDG shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, HDG shall be compensated for expenses incurred in the interruption and resumption of HDG's services. HDG's fees for the remaining services and the time schedules shall be equitably adjusted. Termination of Services: This agreement may be terminated by either party 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 party. This agreement may be terminated by the Owner upon not less than seven days' written notice to HDG for the Owner's convenience and without cause. In the event of termination by the Owner for convenience and without cause, HDG shall be compensated for services performed prior to the termination, together with reimbursable expenses and additional services. In addition HDG shall be entitled to termination expenses, which include expenses directly attributable to REV 2/2005 terms and conditions.DOC Page 1 of 2 termination for which HDG is not otherwise compensated, plus an amount for HDG's anticipated profit on the value of the services not performed by HDG. Insurance: We maintain 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. Risk Allocation and Indemnity: We are responsible only for the professional consulting services identified in this Contract. You may choose to modify these services and /or our recommendations at your own risk. You agree to defend and hold us harmless for damages, which may occur as a result of modifications made to our plans by others without our knowledge, or for damages, which may occur because of the improper or negligent work of others. We are not responsible for any delay in the performance or progress of the work, or liable for any costs or damages sustained by you resulting from such delay, caused by any act or neglect by you or your representatives, or by any third party acting on your behalf, or by changes ordered in the work, or as a result of any federal, state, or regulatory authority, or riot or civil commotion, or by any other cause beyond our control. In the event of such delay, we will proceed with due diligence to alleviate the delay and continue the performance of our obligations under this contract. You agree to indemnify and hold us harmless from delays or losses experienced by you or others resulting from the discovery of concealed conditions, which require additional professional services, disposal, mitigation, or other remedial action. You agree to indemnify and hold us harmless from delays or losses experienced by you 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 us, those services will be considered additional services. Limitation of Liability: In the event that you make a claim against us, you agree to limit our liability to the amount of fees actually collected from you for the work identified in this Contract Agreement. This limitation of liability applies to all claims including, breach of contract, torts or any other theory. Ownership: We retain the ownership of documents prepared by us as instruments of service. Upon payment of outstanding invoices related to this Agreement, you are granted a non - exclusive, non - revocable license to use the documents, or copies of the documents, created during the performance of our services for reference and operation of the project. However, we retain the exclusive copyright to the plans, designs and information contained on the documents and all other use of the documents is expressly prohibited except when granted, in writing, by us. You agree to defend and hold us harmless from any claim arising from the alleged damages as a consequence of re -use or unauthorized use of the documents. With respect to any documents provided to you or your contractor in electronic format, 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 Construction Documents are transmitted, including but not limited to AutoCAD software, diskettes, CD ROMs, DVD ROMs or electronic transmission by electronic mail. Credit: You agree to give us, and any sub - consultants, proper credit for our professional services in your official communications, published articles, and temporary project identification signage. Construction Phase Limitations: We will not supervise, direct, or control the Contractor's work. We have no authority or responsibility for the methods, techniques, or sequencing of construction, or for the safety or welfare of the Contractor's forces. Accordingly, we do not guarantee the performance of the Contractor. Certification or other opinions of the contractor's work will be based on our observations and data supplied to us by the contractor. You acknowledge that we will not make continuous or exhaustive observations of the work and that our recommendations for preliminary acceptance of partially or substantially completed work do not assure the final acceptance of work that may subsequently found to be defective. Cost and Quantity Opinion: We have no control over the cost of labor, materials, and equipment or the services of others. We provide quantity summaries and opinions of probable cost based on our professional judgment, familiarity with the construction industry, and on recent, comparable bidding results. Consequently, we do not guarantee the accuracy or thoroughness of our quantity summaries or opinions of probable cost. We approximate certain quantities and /or costs for your 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: We will work diligently to help you secure approvals from the appropriate regulatory authorities for the services specified in this Agreement. However, we cannot guarantee the approval of the project by any regulatory agency or third party. You agree to compensate us for our professional services regardless of the outcome of your applications for approval by others. Standard of Care: We will perform the services described in this agreement in accordance with generally accepted standards of ordinary and reasonable skill exercised by Landscape Architects at the time and location such services are rendered. Authorization: If we are authorized to commence ar,d /or continue providing our work, either orally or in writing, prior to the execution of this written contract, such authorization will be deemed an acceptance of this contract, and you agree to compensate us for such services in accordance with these terms and conditions as though this agreement were fully executed by both of us. Dispute Resolution: The parties agree to submit any disputs 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, all 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 money judgment, 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 law of HDG's principal place of business. Maintenance: Client acknowledges and agrees that proper Project maintenance is required after the Project is complete. A lack of or improper maintenance may result in damage to property or persons. Client further acknowledges and agrees that, as between the parties to this Agreement, Client is solely responsible for the results of any lack of or improper maintenance. Extent: This contract constitutes the entire agreement between Hitchcock Design Group and you. It supersedes all previous written or oral understandings. It can be supplemented, or amended, only by the execution of a new written agreement. Accepted by Village of Lemont John F. Piazza, Village President 5/22/06 REV 2/2005 terms and conditions.DOC Page 2 of 2 Hitchcock Design Group Creating Better Places® Professional Fees Village of Lemont East Gateway Neighborhood Fee Estimate Planning A. Opportunity Analysis 1 Kick off meeting 2 Collect land use data 3 Collect circulation and parking data 4 Collect demographic data 5 Stakeholder interviews 6 Walk and photograph site 7 Create base maps Sub -total hours Sub -total fee B. Alternative Concepts 1 Alternative concepts 2 Review concepts 3 Refine preferred concept 4 Present refined concepts 5 Refine preferred concept 6 Plan Commission presentation Sub -total hours Sub -total fee C. Final Report 1 Draft report 2 Review draft 3 Revise draft 4 Village Board presentation 5 Finalize report 6 Coordinate report reproduction Sub -total hours Sub -total fee City of Lemont East Gateway Neighborhood Hitchcock Design Group Fees LDR MGT PLN DES DOC SUP CADM COBS sub -total $160 $115 $110 $100 $70 $60 $110 $90 6 Hitchcock Design Group Fee Total: $ 12,900 Page 1 of 2 May 4, 2006 2 2 2 2 4 6 2 2 1 1 1 1 4 1 2 1 1 3 1 8 4 12 3 1 4 2 7 8 1 28 2 0 4 0 0 0 5 8 4 17 $ - 0 4 $ - 0 $ - 0 $ - 0 33 $ 1,280 $ 460 $ 1,870 $ - $ 280 $ - $ - $ - $ 3,900 Hitchcock Design Group Fee Total: $ 12,900 Page 1 of 2 May 4, 2006 2 1 12 2 4 19 2 2 2 4 1 8 4 13 2 2 4 1 4 4 9 2 1 2 2 8 3 28 2 0 12 0 0 0 51 $ 1,280 $ 345 $ 3,080 $ - 8 $ 840 $ - $ - $ - $ 5,500 Hitchcock Design Group Fee Total: $ 12,900 Page 1 of 2 May 4, 2006 1 1 4 2 8 16 2 2 1 2 4 7 2 2 4 1 4 5 1 2 3 3 6 8 2 18 0 0 0 37 $ 480 $ 690 $ 880 $ 200 8 1,260 $ - $ - $ - $ 3,500 Hitchcock Design Group Fee Total: $ 12,900 Page 1 of 2 May 4, 2006 Hitchcock Design Group Creating Better Places® Professional Fees Village of Lemont East Gateway Neighborhood Fee Estimate Planning A. Opportunity Analysis 1 Kick off meeting 2 Collect land use data 3 Collect circulation and parking data 4 Collect demographic data 5 Stakeholder interviews 6 Walk and photograph site 7 Create base maps Sub -total hours Sub -total fee B. Alternative Concepts 1 Alternative concepts 2 Review concepts 3 Refine preferred concept 4 Present refined concepts 5 Refine preferred concept 6 Plan Commission presentation Sub -total hours Sub -total fee C. Final Report 1 Draft report 2 Review draft 3 Revise draft 4 Village Board presentation 5 Finalize report 6 Coordinate report reproduction Sub -total hours Sub -total fee City of Lemont East Gateway Neighborhood Expenses service bureau travel markup 15% sub -total Expense Total: 1 $ 633 Professional Fees Total: 1 $ 13,533 Page 2 of 2 May 4, 2006 I $ - $ 20 $ - $ 20 $ 50 $ - $ - $ 20 $ 20 $ 50 $ 20 $ 50 $ 20 $ 50 $ 80 $ 20 1 $ 150 Expense Total: 1 $ 633 Professional Fees Total: 1 $ 13,533 Page 2 of 2 May 4, 2006 I $ 50 $ - $ - $ 20 $ 50 $ - $ - $ 20 $ 50 $ - $ 100 $ 20 $ 150 $ 60 $ 32 1 $ 242 I Expense Total: 1 $ 633 Professional Fees Total: 1 $ 13,533 Page 2 of 2 May 4, 2006 I $ 100 $ - $ - $ 20 $ 100 $ - $ - $ 20 $ - $ 100 $ - $ 300 $ 40 $ 51 1 $ 391 I Expense Total: 1 $ 633 Professional Fees Total: 1 $ 13,533 Page 2 of 2 May 4, 2006