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HomeMy WebLinkAbout01-234 Resolution No. 01-234 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH PATRICK ENGINEERING, INC. FOR CONSTRUCTION PHASE ENGINEERING AND MATERIALS TESTING SERVICES FOR THE ELGIN HIGHLANDS GOLF COURSE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Joyce A. Parker, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an Agreement for Construction Phase Engineering and Materials Testing Services on behalf of the City of Elgin with Patrick Engineering, Inc. for the Elgin Highlands Golf Course, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: August 22, 2001 Adopted: August 22 , 2001 Omnibus Vote : Yeas : 7 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk Page 1 AGREEMENT FOR CONSTRUCTION PHASE ENGINEERNG AND MATERIALS TESTING SERVICES ELGIN HIGHLANDS GOLF COURSE THIS AGREEMENT,made and entered into this 3 o day ofA v G v S T,2001,by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY") and Patrick Engineering Inc. (hereinafter referred to as "ENGINEER"). WHEREAS,the CITY desires to engage the ENGINEER to furnish certain professional services in connection with the construction of the 9-hole portion (The Links) of the 27-hole golf course complex located in the vicinity of McLean Boulevard and Spartan Drive(hereinafter referred to as the"PROJECT"). AND WHEREAS,the ENGINEER represents that it is in compliance with Illinois Statutes relating to professional registration of individuals and has the necessary expertise and experience to furnish such services upon the terms and conditions set forth herein below. NOW,THEREFORE,it is hereby agreed by and between the CITY and the ENGINEER that the CITY does hereby retain the ENGINEER for and in consideration of the mutual promises and covenants contained herein,the sufficiency of which is hereby acknowledged to act for and represent it in all engineering matters involved in the PROJECT,subject to the following terms and conditions and stipulations,to-wit: I. SCOPE OF SERVICES A. All work hereunder shall be performed under the direction of the Finance Director of the CITY,hereinafter referred to as the"DIRECTOR." Page 2 B. The ENGINEER shall perform the services for the PROJECT as set forth in Attachment Al attached hereto and made a part hereof by this reference. II. PROGRESS REPORTS A. The work will be performed on an as requested basis. Engineer shall provide to the Director, when requested, a report of construction related activities that were performed when the Engineer was present at the site. B. The ENGINEER will submit to the DIRECTOR a Status Report on a monthly basis indicating the construction activities performed in the prior month. The report shall include a list of activities that are projected to be completed during the next month. III. WORK PRODUCTS All work products prepared by the ENGINEER pursuant hereto including, but not limited to, reports, designs, calculations, work drawings, studies,photographs,models and recommendations shall be the property of the CITY and shall be delivered to the CITY upon request of the DIRECTOR provided, however, that the ENGINEER may retain copies of such work products for its records. Such work products are not intended or represented to be suitable for reuse by the CITY on any extension to the PROJECT or on any other project,and such reuse shall be at the sole risk of the CITY without liability or legal exposure to the ENGINEER. IV. PAYMENTS TO THE ENGINEER(Not To Exceed Method) A. For services provided by the ENGINEER,the ENGINEER shall be reimbursed at the hourly rates of personnel employed on this PROJECT as set forth on Attachment A2 titled"2001 Fee Schedule"attached hereto and made a part hereof by this reference, with the total fees and expenses to be paid to ENGINEER not to exceed $68,000. Page 3 Engineer shall not perform any work that will result in the total fee to be exceeded without a modification to this Agreement, authorized in writing by the CITY and approved by way of written amendment to this Agreement. B. Reimbursable expenses are included in the above not-to-exceed total fee of$68,000. Those reimbursable expenses that are invoiced to the ENGINEER through a third party vendor,and then subsequently invoiced to the CITY, are subject to a multiple of 1.1 (10%markup). Reimbursable costs and charges incurred in connection with the PROJECT shall be billed in accordance with Attachment A2 "2001 Fee Schedule" and Attachment A3 "2001 Fee Schedule Laboratory Testing Services" attached hereto and made a part hereof by this reference. C. The CITY shall make periodic payments to the ENGINEER, based upon actual progress,within 30 days after receipt and approval of invoice. V. INVOICES A. The ENGINEER shall submit invoices in a format approved by the CITY. Progress reports (II.B. above) shall be included with all payment requests. B. The ENGINEER shall maintain records showing actual time devoted and cost incurred. The ENGINEER shall permit the authorized representative of the CITY to inspect and audit all data and records of the ENGINEER for work done under this Agreement. The ENGINEER shall make these records available at reasonable times during the Agreement period, and for one year after termination of this Agreement. VI. TERMINATION OF AGREEMENT Notwithstanding any other provision hereof,the CITY may terminate this Agreement at any time upon fifteen(15)days prior written notice to the ENGINEER. In the event that this Agreement is so terminated, the ENGINEER shall be paid for services actually Page 4 performed and reimbursable expenses actually incurred prior to termination,except that reimbursement shall not exceed the amounts set forth under Paragraph IV above. VII. TERM This Agreement shall become effective as of the date the ENGINEER is given a notice to proceed and, unless terminated for cause or pursuant to Article VI, shall be deemed concluded on December 31,2001 or at an earlier date if the CITY determines that all of the ENGINEER's work under this agreement is completed. A determination of completion shall not constitute a waiver of any rights or claims that the CITY may have or thereafter acquire with respect to any term or provision of the Agreement. VIII. NOTICE OF CLAIM If the ENGINEER wishes to make a claim for additional compensation as a result of action taken by the CITY,the ENGINEER shall give written notice of his claim within 15 days after occurrence of such action. No claim for additional compensation shall be valid unless so made. Any changes in the ENGINEER's fee shall be valid only to the extent that such changes are included in writing signed by the CITY and the ENGINEER. Regardless of the decision of the DIRECTOR relative to a claim submitted by the ENGINEER,all work required under this Agreement as determined by the DIRECTOR shall proceed without interruption. IX. BREACH OF CONTRACT If either party violates or breaches any term of this Agreement, such violation or breach shall be deemed to constitute a default, and the other party has the right to seek such administrative, contractual or legal remedies as may be suitable to the violation or breach;and,in addition,if either party,by reason of any default,fails within fifteen(15) days after notice thereof by the other party to comply with the conditions of the Agreement,the other party may terminate this Agreement. Page 5 X. INDEMNIFICATION To the fullest extent permitted by law,ENGINEER agrees to and shall indemnify,defend and hold harmless the CITY, its officers, employees, agents, boards and commissions from and against any and all claims,suits,judgments,costs, attorney's fees,damages or other relief, including but not limited to workers' compensation claims, in any way resulting from or arising out of negligent actions or omissions of the ENGINEER in connection herewith, including negligence or omissions of employees or agents of the ENGINEER arising out of the performance of this Agreement. In the event of any action against the CITY,its officers,employees,agents,boards or commissions,covered by the foregoing duty to indemnify,defend and hold harmless such action shall be defended by legal counsel of the CITY's choosing. XI. NO PERSONAL LIABILITY No official,director,officer,agent or employee of the CITY shall be charged personally or held contractually liable under any term or provision of this Agreement or because of their execution, approval or attempted execution of this Agreement. No official, director, officer, agent or employee of the ENGINEER shall be charged personally or held contractually liable under any term or provision of this Agreement or because of their execution, approval or attempted execution of this Agreement. XII. INSURANCE A. Comprehensive Liability. The ENGINEER shall provide,pay for and maintain in effect,during the term of this Agreement,a policy of comprehensive general liability insurance with limits of at least $1,000,000 aggregate for bodily injury and $1,000,000 aggregate for property damage. Page 6 The ENGINEER shall deliver to the DIRECTOR a Certification of Insurance naming the CITY AS ADDITIONAL INSURED. The policy shall not be modified or terminated without thirty(30) days prior written notice to the DIRECTOR. The Certificate of Insurance which shall include Contractual obligation assumed by the ENGINEER under Article X titled"Indemnification" shall be provided. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the CITY. There shall be no endorsement or modification of this insurance to make it excess over other available insurance, alternatively,if the insurance states that it is excess or prorate,it shall be endorsed to be primary with respect to the CITY. B. Comprehensive Automobile Liability. Comprehensive Automobile Liability Insurance covering all owned,non-owned and hired motor vehicles with limits of not less than$500,000 per occurrence for damage to property. C. Combined Single Limit Policy. The requirements for insurance coverage for the general liability and auto exposures may be met with a combined single limit of $1,000,000 per occurrence subject to a$1,000,000 aggregate. C. Professional Liability. The ENGINEER shall carry Engineer's Professional Liability Insurance Covering claims resulting from error,omissions or negligent acts with a combined single limit of not less than $1,000,000 per occurrence. A Certificate of Insurance shall be submitted to the DIRECTOR as evidence of insurance protection. The policy shall not be modified or terminated without thirty (30) days prior written notice to the DIRECTOR. Page 7 XIII. CONSTRUCTION MEANS, METHODS, TECHNIQUES, SEQUENCES, PROCEDURES AND SAFETY The ENGINEER shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the construction. XIV. NONDISCRIMINATION In all hiring or employment made possible or resulting from this Agreement,there shall be no discrimination against any employee or applicant for employment because of sex, age, race, color, creed, national origin, marital status, of the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification, and this requirement shall apply to, but not be limited to, the following: employment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this Agreement on the grounds of sex, race, color, creed, national origin, age except minimum age and retirement provisions, marital status or the presence of any sensory,mental or physical handicap. Any violation of this provision shall be considered a violation of a material provision of this Agreement and shall be grounds for cancellation, termination or suspension, in whole or in part, of the Agreement by the CITY. XV. ASSIGNMENT AND SUCCESSORS This Agreement and each and every portion thereof shall be binding upon the successors and the assigns of the parties hereto; provided, however, that no assignment shall be made without the prior written consent of the CITY. Page 8 XVI. DELEGATIONS AND SUBCONTRACTORS Any assignment,delegation or subcontracting shall be subject to all the terms,conditions and other provisions of this Agreement and the ENGINEER shall remain liable to the CITY with respect to each and every item, condition and other provision hereof to the same extent that the ENGINEER would have been obligated if it had done the work itself and no assignment, delegation or subcontract had been made. Any proposed subcontractor shall require the CITY's advanced written approval. XVII. NO CO-PARTNERSHIP OR AGENCY This agreement shall not be construed so as to create a partnership, joint venture, employment or other agency relationship between the parties hereto. XVIII.SEVERABILITY The parties intend and agreed that, if any paragraph, sub-paragraph, phrase, clause or other provision of this Agreement, or any portion thereof, shall be held to be void or otherwise unenforceable, all other portions of this Agreement shall remain in full force and effect. XIX. HEADINGS The headings of the several paragraphs of this Agreement are inserted only as a matter of convenience and for reference and in no way are they intended to define,limit or describe the scope of intent of any provision of this Agreement, nor shall they be construed to affect in any manner the terms and provisions hereof or the interpretation or construction thereof. Page 9 XX. MODIFICATION OR AMENDMENT This Agreement and its attachments constitutes the entire Agreement of the parties on the subject matter hereof and may not be changed,modified,discharged or extended except by written amendment duly executed by the parties. Each party agrees that no representations or warranties shall be binding upon the other party unless expressed in writing herein or in a duly executed amendment hereof, or change order as herein provided. XXI. APPLICABLE LAW This Agreement shall be deemed to have been made in, and shall be construed in accordance with the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights pursuant to this agreement shall be in the Circuit Court of Kane County, Illinois. XXII. NEWS RELEASES The ENGINEER may not issue any news releases without prior approval from the DIRECTOR, nor will the ENGINEER make public proposals developed under this Agreement without prior written approval from the DIRECTOR prior to said documentation becoming matters of public record. XXIII.COOPERATION WITH OTHER CONSULTANTS The ENGINEER shall cooperate with any other consultants in the CITY's employ or any work associated with the PROJECT. Page 10 XXIV.INTERFERENCE WITH PUBLIC CONTRACTING The ENGINEER certifies hereby that it is not barred from bidding on this contract as a result of a violation of 720 ILCS 5/33E et seq. or any similar state or federal statute regarding bid rigging. XXV. SEXUAL HARASSMENT As a condition of this contract, the ENGINEER shall have written sexual harassment policies that include, at a minimum, the following information: A. the illegality of sexual harassment; B. the definition of sexual harassment under state law; C. a description of sexual harassment,utilizing examples; D. the vendor's internal complaint process including penalties; E. the legal recourse,investigative and complaint process available through the Illinois Department of Human Rights, and the Illinois Human Rights Commission; F. directions on how to contact the department and commission; G. protection against retaliation as provided by Section 6-101 of the Human Rights Act. A copy of the policies must be provided to the Department of Human Rights upon request 775 ILLS 5/2-105. Page 11 XXVI.WRITTEN COMMUNICATIONS All recommendations and other communications by the ENGINEER to the DIRECTOR and to other participants which may affect cost or time of completion, shall be made or confirmed in writing. The DIRECTOR may also require other recommendations and communications by the ENGINEER be made or confirmed in writing. XXVILNOTICES All notices,reports and documents required under this Agreement shall be in writing and shall be mailed by First Class Mail,postage prepaid, addressed as follows: A. As to CITY: JAMES NOWICKI Finance Director City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 B. As to ENGINEER: Jeffrey C. Schuh, P.E. Vice President Patrick Engineering Inc. 4970 Varsity Drive Lisle, Illinois 60532-4144 Page 12 IN WITNESS WHEREOF,the undersigned have placed their hands and seals upon and executed this Agreement in triplicate as though each copy hereof was an original and that there are no other oral agreements that have not been reduced to writing in this statement. For the CITY: ATTEST: THE CITY OF ELGIN By By a .aL^------ City Clerk , ity anager (SEAL) For the ENGINEER: Dated this / day of Aru i sr , A.D., 2001. ATTEST: PATRICK ENGINEERING INC. B ./tl By c_., c- -)L-) Secret. ; ce President (SEAL) h:\civil\9177\AO\Construction Services Agreement.doc ATTACHMENT Al: CONSULTANT SCOPE OF SERVICES AND BASIS OF FEE FOR CONSTRUCTION PHASE ENGINEERING AND MATERIALS TESTING SERVICES LINKS 9 GOLF COURSE The following presents the scope of services for the construction phase engineering and materials testing services for the features associated with the Links 9 Golf Course. SCOPE OF SERVICES The scope of services includes field-engineering services necessary to provide construction engineering and materials testing services for construction of the first phase of the Elgin Highlands Golf Course. Engineering services will also be provided for the interpretation of geotechnical conditions encountered during construction, construction quality control documentation, and construction materials testing. Services will be provided for the following project features: 1. McLean Boulevard Underpass 2. Golf Cart Bridges 3. Club House and Maintenance buildings 4. Sanitary Sewer and Potable Water Pipelines 5. Roadway and parking lot construction 6. Course Lake and ancillary structures 7. Wetland Mitigation Areas The following services will be provided at the request of the City: 1. Confirmation of Geotechnical soil properties 2. Documentation of contractor construction activities. 3. Consulting for wetland mitigation issues. 4. Shop Drawing review. (Civil, Electrical & Mechanical for non-building features) 5. Quality Control Testing of Materials including concrete, bituminous concrete, and soil. 6. As-built Surveying and preparation of record construction drawings. SCHEDULE Patrick Engineering will provide onsite Quality Control Testing in accordance with the contractor's construction schedule, and will respond to requests by the City staff or representative of the construction project manager, including its agents, within two business days of the request. FEE FOR SERVICES The services that may be requested by the City are defined by the Quality Control criteria contained in the construction specifications and will be further determined by City representatives to address special conditions and materials found during construction of the golf course facilities. PEI will perform the work as requested by the City on an hourly rate and reimbursable cost basis in accordance with the attached PEI "2001 Fee Schedule" (Attachment A2) and "2001 Fee Schedule Laboratory Testing Services" (Attachment A3). A not to exceed budget amount of$68,000 is proposed. This budget total will not be exceeded without specific authorization by the City. h:\civil\9177\a0\attachment al construction.doc 1 PATRICK ATTACHMENT A2 ENGINEERING INC. PATRICK ENGINEERING INC. 2001 FEE SCHEDULE PERSONNEL CATEGORY CHARGES ENGINEERS &TECHNICAL SPECIALISTS Staff Engineer 1 /Technical Specialist 1 $65.00/hr. Staff Engineer 2/Technical Specialist 2 70.00/hr. Staff Engineer 3/Technical Specialist 3 80.00/hr. Project Engineer 1 /Technical Specialist 4 90.00/hr. Project Engineer 2/Senior Technical Specialist 100.00/hr. Project Manager/Technical Manager 110.00/hr. Senior Project Manager/Senior Technical Consultant 125.00/hr. Principal 150.00/hr. ARCHITECTS Staff Architect 1 55.00/hr. Staff Architect 2 62.00/hr. Staff Architect 3 67.00/hr. Staff Architect 4 72.00/hr. Interior Designer 72.00/hr. Senior Architect 85.00/hr. Project Manager 105.00/hr. Principal 150.00/hr. GEOLOGISTS Staff Geologist 1 55.00/hr. Staff Geologist 2 65.00/hr. Project Geologist 80.00/hr. Senior Geologist 95.00/hr. SURVEYORS/GIS PROFESSIONALS Staff Surveyor 1 55.00/hr. Staff Surveyor 2 65.00/hr. GIS Analyst 70.00/hr. Senior GIS Analyst 80.00/hr. Project Surveyor 85.00/hr. Survey Manager 115.00/hr. Two-man Survey Crew 140.00/hr. Principal 150.00/hr. ARCHAEOLOGISTS/SCIENTISTS Archaeologist 70.00/hr. Environmental Scientist 1 60.00/hr. Environmental Scientist 2 80.00/hr. (over) PERSONNEL CATEGORY CHARGES TECHNICAL &SUPPORT SERVICES Drafter/CAD 1 $45.00/hr. Drafter/CAD 2 55.00/hr. Drafter/CAD 3 65.00/hr. CAD Designer 70.00/hr. CAD Supervisor 75.00/hr. Technician 1 40.00/hr. Technician 2 55.00/hr. Technician 3 70.00/hr. Clerk 40.00/hr. Secretary 50.00/hr. Administrative Assistant 60.00/hr. TRANSPORTATION &SUBSISTENCE COSTS Charge for Use of Vehicle $0.50/mile Minimum Vehicle Charge $25.00/day Public Transportation and Subsistence at cost+ 10% Per Diem or Living Expenses Established on a Per Project Basis REPRODUCTION COSTS Photocopies/Color Printing 81/2 x 11 (b&w) $0.10/each (in-house) 11 x 17 (b&w) $0.25/each 8th x 11 (color) $1.00/each 11 x 17(color) $1.50/each Digital Plotting(in-house) Bond $0.30/sq.ft. Vellum $0.60/sq.ft. Mylar $1.00/sq.ft. Bluelines(in-house) $0.30/sq.ft. Digital Photographs $1.50/each Outside Services(reproducibles,sepias,etc.) at cost+ 10% FAX-Continental U.S. (outgoing only) $2.00/page MISCELLANEOUS COSTS Computer Use(except Word Processing) $10.00/hr. Filing Fees,Photography,Materials,Analytical Laboratory Fees,Equipment Rentals,etc. at cost+ 10% Outside Consultant and Computer Services at cost+ 10% Lower Explosive Limit(LEL)Meter $100.00/day Photoionization Detector $100.00/day Nuclear Density Meter $25.00/day Underground Pipeline and Utility Locator $75.00/day Outside Contractor Services at cost+ 10% Special Equipment to be Negotiated on a Per Project Basis Notes: 1. The services of Daniel P.Dietzler will be provided at an hourly rate of$350.00. 2. A surcharge of$100.00 will be added to the contract amount if at the client's request any parties are to be named as"additional insured." Requests for additional insurance will need to be negotiated. 3. A project-specific surcharge will be added to all work performed on waste sites, for environmental assessment of property,and for all work performed in Level C PPE. 4. A surcharge of 50%will be added for expert witness testimony and preparation for testimony. 5. These unit charges are valid through December 31,2001. v\jc%\fee\2001\prof.doc PATRICK ATTACHMENT A3 ENGINEERING INC. PATRICK ENGINEERING INC. 2001 FEE SCHEDULE LABORATORY TESTING SERVICES LABORATORY TESTING(SOILS) UNIT CHARGE Visual Classification of Each Soil Type $5.00 Moisture Content Determination(ASTM D 2216) $5.00 Unconfined Compression,Uncontrolled Strain(RIMAC) $5.00 Sieve Analysis,Washed,7 Sieves(max.) $55.00 Combined Hydrometer and Sieve Analysis(ASTM D 422) $75.00 Percent Passing#200 Sieve(ASTM D 1140) $45.00 Atterberg Limits,LL,PL(ASTM D 4318) $70.00 Shrinkage Limits by Wax Method(ASTM D 4943) $75.00 Specific Gravity Determination(ASTM D 854 or IDOT) $50.00 Standard Proctor Compaction(ASTM D 698) 4"Mold(Method A and B) $150.00 6"Mold(Method C) $165.00 Modified Proctor Compaction(ASTM D 1557) 4"Mold(Method A and B) $165.00 6"Mold(Method C) $180.00 Hydraulic Conductivity Tests Falling Head Method(Granular only) $155.00 Constant Head Method(Granular only)(ASTM D 2434) $155.00 Test in Triaxial Cell w/Backpressure Saturation(ASTM D 5084) $300.00 (0.005N CaSO4 permeant for 1 day max.) Additional Confining Pressures(Per Point) $100.00 Tests on Remolded or Trimmed Samples Add$55.00 Long-term Test,(after 1 day Permeation) Add$500.00/wk. Test using Leachate(provided by Client) Add$500.00 Unconfined Compression Test including/Stress-Strain Curve (ASTM D 2166) $50.00 Extrude Shelby Tube Sample,Each(all testing additional) $20.00 Consolidation Test,(ASTM D 2435) 1/4 thru 16 tsf,including Sample Preparation, Specific Gravity Test,and Plot of Deflection Versus Log Time $500.00 (over) LABORATORY TESTING(SOILS) UNIT CHARGE Illinois Bearing Ratio Test, including Proctor Density $350.00 Density Determination, including Moisture Content Test $15.00 Organic Content of Soil by Wet Combustion(AASHTO T194) $75.00 Organic Content of Soil by Loss on Ignition(Method A)(ASTM D 2974) $20.00 pH of Soil(ASTM D 4972) $20.00 Triaxial Shear Strength Tests, 1.4"or 2.8"Diameter Specimens Unconsolidated,Undrained,Per Point $200.00 Consolidated,Undrained including Pore Pressure Measurements,Per Point $325.00 Drained Test Per Point (Granular Soils only) $200.00 Drained Test Per Point (Cohesive) To be negotiated Tests on Remolded or Trimmed Specimens,Per Specimen Add$50.00 Cation Exchange Capacity $90.00 Sample Preparation for Special Tests at Technician's Time and Rate LABORATORY TESTING(CONCRETE) Unconfined Compressive Strength 6"x12"Cylinders(set of 4) $50.00 (premolded caps) Unconfined Compressive Strength 6"x12"Cylinder $20.00 (sulphate capping) Unconfined Compressive Strength,Prepared Concrete Core $50.00 OUTSIDE LABORATORY TESTING Services Performed by a PEI Subconsultant at cost plus 10% REPORT PREPARATION Preparation of reports containing laboratory testing methodology and test results will be billed on a unit time and materials basis in accordance with the 2001 Fee Schedule. v:\jcs\fee\2001\lab rev 4-01.doc ,c{OF C> „,,, Agenda Item No. , City of Elgin nog 1 ti G July 20 , 2001 ' l N TO: Mayor and Members of the City Council RECREATIONAL LEISURE ANC.CULTURAL OPPORTUNITIES FOR A LL CITIZENS FROM: Joyce A. Parker, City Manager SUBJECT: Construction Engineering Services Agreement with Patrick Engineering, Inc . for the "Highlands of Elgin" Golf Course Project PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider entering into an agreement with Patrick Engineering, Inc . for construction-related engineering and inspection services for the "Highlands of Elgin" Golf Course project . BACKGROUND In December 2000 , the City entered into an agreement with Patrick Engineering, Inc . , for engineering services for the Highlands of Elgin Golf Course project which included: Archeology, Wetland Mitigation/Permitting, Surveying and Mapping, Geotechnical Investigation, McLean Boulevard Underpass, Cartpath Bridges, Stormwater Management, Sanitary and Water Utilities, Spartan Drive (East of McLean) Reconstruction, Electrical Power Service, and Hydrogeological . In February 2001, the contract was amended to include engineering costs associated with the clubhouse/maintenance building. Typically, on projects designed by consultants, language is included in the original agreement for the addition of construction services, via amendment, at a later date . Construction services include on-site inspection to insure compliance with plans and specifications, material testing, review of shop drawings, construction layout, resolution of complaints, and conducting weekly progress meetings . Based upon the performance of Patrick Engineering, Inc . to date, staff is recommending that they continue with this project to provide construction phase engineering services . rm. Patrick Engineering-Construction Services-Highlands Golf Course June 20, 2001 Page 2 Patrick Engineering, Inc . met with staff to finalize the scope of services and negotiate their fee . The final negotiated fee is $65, 000 . A copy of the proposed Construction Engineering Services Agreement is attached. The budget for Phase I of the Highlands of Elgin Golf Course project totals $5 . 936 million. The proposed construction engineering services ($65 , 000) represents 1 . 1% of the total project cost . COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None . 0/1 ''(FINANCIAL IMPACT The Construction Phase Engineering Services Agreement with Patrick Engineering, Inc . , is in the not-to-exceed amount of $65, 000 Funds for this agreement are available in account number 375-0000- e 795 . 30-99, project number 509537 . rEGAL IMPACT The agreement will need to be reviewed by the Legal Department . ALTERNATIVES None . RECOMMENDATION It is recommended that City Council approve the subject agreement with Patrick Engineering,staff Inc .t execute theonecessaryedocuments .°f $65 , 000 and authorize R pectfully submitted, i L,.._ a , ,,QL....__ Joyce A. Parker City Manager JN/ai rAttachments