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HomeMy WebLinkAbout04-17 Resolution No. 04-17 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT NO. 1 TO AN AGREEMENT WITH CRAWFORD,MURPHY AND TILLY, INC. FOR THE SPARTAN DRIVE EXTENSION PROJECT—SECTION 2 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that David M.Dorgan,City Manager,and Dolonna Mecum,City Clerk,be and are hereby authorized and directed to execute Amendment No. 1 to an Agreement on behalf of the City of Elgin with Crawford, Murphy & Tilly, Inc. for additional design services for the Spartan Drive Extension Project — Section 2, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: February 11, 2004 Adopted: February 11, 2004 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk I City of Elgin,Illinois Spartan Drive Extension—Section 2 Kane County Amendment No. 1 To The Agreement Of Consultant's Services This Amendment No. 1 entered into this /(?play of F c , 2004,by and between the City of Elgin, an Illinois Municipal Corporation(hereinafter referred to as"CITY")and Crawford,Murphy, and Tilly, Inc., a Delaware corporation, (hereinafter referred to as"ENGINEER"), shall modify that Agreement dated March 8th, 2002,whereby the ENGINEER was engaged by the CITY to perform certain professional services in connection with Spartan Drive Extension- Section 2 (hereinafter referred to as "ORIGINAL AGREEMENT"and"PROJECT", respectively). WHEREAS,ORIGINAL AGREEMENT(at paragraphs IV (A)and(B))provided for a maximum payment of$185,353.47, WHEREAS, a wetland investigation had previously been prepared( in October 1998 by others)as part of a Project Development Report(PDR) for this PROJECT. By U.S. Army Corps of Engineers(USCOE) and Illinois Department of Natural Resources (IDNR)requirements, the original report had expired and the wetlands needed to be re-delineated. The original scope of service was based on the ability to utilize the previous wetland investigation and only provided the effort required for development of a mitigation plan for the wetlands as delineated therein, and WHEREAS, a soils investigation had also previously been completed for this PROJECT(on March 3, 2000 by others)and the scope of services contained within the executed Agreement provided only for three additional soil borings per the recommendation of the previous soils investigation.The estimated effort for this task was based on the assumption that the recommendations in the original report were adequate to use for design and that the only necessary work would be completion of the original three soil borings. After design refinement and further analysis of soil conditions, it was determined that due to the subgrade materials encountered,additional testing beyond the three borings contained within our original scope would be required.Testing Service Corporation,the ENGINEER'S materials sub-consultant, also advised that there had been changes to the Illinois Department of Transportation design criteria utilized in the preparation of the Project Development Report requiring additional Geotechnical testing and evaluation, and WHEREAS, changes in 2003 to the USCOE jurisdiction and regulations regarding waters of the United States required that the PROJECT be permitted as an Individual Permit(IP)rather than a Regional Permit (RP)as identified in the Project Development Report and the scope of service contained within the original Agreement requiring additional services, and WHEREAS, during the permitting process the USCOE has requested that a Phase I and potentially a Phase II Archaeological Survey be completed as part of the permit requirements for this PROJECT.No provisions were included in the original scope of services for archaeological related services, and 02265-01-00 Page 1 of 3 Revised December 17,2003 I WHEREAS,the CITY has determined that it is appropriate to re-evaluate the PROJECT and requested ENGINEER to evaluate alternate roadway alignments, construction cost and permitting requirements, and WHEREAS,the CITY has requested ENGINEER to coordinate a soil investigation and boring program for the alternate alignments selected to be evaluated by the CITY, and WHEREAS, the CITY has requested ENGINEER provide engineering services to coordinate and assist in the preliminary re-evaluation of the PROJECT,and WHEREAS,the circumstances,which necessitated this amendment, were not reasonably foreseeable nor were they within the contemplation of the Agreement as executed, and NOW THEREFORE BE IT RESOLVED, that paragraphs IV (A) and (B) of the ORIGINAL AGREEMENT be revised to provide a not to exceed payment of$320,353.47. Further, that the Scope of Services contained within the ORIGINAL AGREEMENT be amended to include before mentioned additional services requested by the CITY and provided by the ENGINEER, and FURTHER BE IT RESOLVED, that the remainder of the ORIGINAL AGREEMENT shall remain in full force and effect except as Specifically modified herein. amendment 1.rev 12-17.doc Page 2 of 3 Amendment No.1 IN WITNESS WHEREOF,the undersigned have placed their hands and seals upon and executed this Agreement in triplicate a though each copy hereof was an original and that there are no other oral Agreements hat have not been reduced to writing in this statement. For the CITY: (SEAL) ATTEST: THE CITY OF ELGIN, ILLINOIS By m --- By �.--- City Clerk City Manager For the ENGINEER: Dated this 1+111 day of /0t , A.D., 2003 (SEAL) ATTEST: C WFORD, URPHY&TILLY, INC. By p 6. As'a - I (Ai Kevin D. Nelson, P.E. Brian R Welker, P.E. Senior Manager Office Co-manager amendment_I.rev 12-17.doc Page 3 of 3 Amendment No. 1 `0 OF Etc `--�J City of Elgin Agenda Item No. r �bb.fiEpEF� L 401 G "rsr r l pts January 23, 2004 i minpoi FINANCIALLY STABLE C ITY GOVERNMENT TO: Mayor and Members of the City CouncilFi l KRN1 SEINR LI, AND OUALIT Y INFRASTRUCTURE FROM: David M. Dorgan, City Manager John M. Loete, Public Works Dir ctor SUBJECT: Amendment No. 1 to an Agreement with Crawford, Murphy & Tilly, Inc. (CMT) for Additional Design Engineering Services for the Spartan Dr. Extension (Section 2) Project PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider Amendment No. 1 to the engineering services agreement with CMT for additional design engineering services for the Spartan Drive Extension(Section 2)Project. RECOMMENDATION It is recommended that the City Council authorize Amendment No. 1 with CMT in the amount of $135,000 and authorize staff to execute the necessary documents. BACKGROUND The original agreement with CMT ($185,353.47) for design engineering services for the Spartan Drive Extension (Section 2) Project was authorized by City Council on February 13, 2002. This Amendment No. 1 ($135,000) will provide for additional engineering services needed to complete the plans and specifications, investigate an alternate roadway alignment and to secure the permit from the Corp of Engineers for construction activities in wetlands. The scope of work for the original agreement with CMT was based on their being able to utilize preliminary design work started by another engineering firm. As CMT's work progressed, it was quickly determined that the previous soils investigation was not adequate. The route for the proposed roadway extension contains very poor soils and, in order to accurately determine the limits of these soils, additional soil borings were needed at a cost of$10,500. Additionally, an extensive amount of additional effort is being required to obtain the Corps of Engineers permit for construction in a wetlands area. When the original agreement with CMT was authorized, it had been indicated by the Corps of Engineers that the construction of Spartan • . r Amendment No. 1 (CMT) Spartan Dr. Ext. — Section 2 January 23, 2004 Page 2 Drive could be done under a regional permit which allows for an expedited application and review process. Shortly after design work began, the Corps of Engineers advised the City that changes in their policies would now require the City to obtain an "individual permit" for construction of the project through the wetlands. The review and hearing process for this type of permit is twice as long as for the regional permit and is requiring much more work for the environmental sub-consultant, Christopher Burke and Associates. This effort will also include the design of wetland mitigation steps that must be added to the plans once the Corps outlines the level that must be met. CMT is also re-examining alternate roadway alignments that could result in lower construction costs and substantially less impact to the wetlands. The new alignment would have to be approved by ECC as the City's partner in this project. CMT is requesting an additional $124,500 to complete the additional wetland and alternate route examination work. If the wetland impact can be reduced enough, the project may again qualify under the criteria for a regional permit. Any unused funds that were earmarked for these efforts can then be redirected for use in the design o f t he new roadway alignment. A n additional a mendment for d etailed d esign will b e presented to City Council if it is determined that a new roadway alignment is feasible. A project location map is attached as Exhibit A. Amendment No. 1 is attached as Exhibit B. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED ECC FINANCIAL IMPACT Amendment No. 1 with CMT will total $135,000. Funding is budgeted ($3,863,870) and available ($3,860,000) in the Riverboat Lease Fund, account number 276-0000-791.93-80, project number 339783, Spartan Drive Extension (Section 2) Construction. Per the agreement with Elgin Community College, the City will initially pay for 100% of the project cost and be reimbursed 50%of this cost. The revised not-to-exceed agreement amount with CMT will now total $320,353.47. v\AVLEGAL IMPACT None t . . r Amendment No. 1 (CMT) Spartan Dr. Ext.—Section 2 January 23, 2004 Page 3 ALTERNATIVES 1. Authorize Amendment No. 1 with CMT. 2. Do not authorize Amendment No. 1 with CMT. Respectfully submitted for Council consideration. (do) Attachments eilk r r Spartan Drive Extension — Section 2 Location Map ii,II �� _, x SJ 3 e L. z zMil il— bL.i.e .iik.. 1.4,14.0,iiiirtair. irniiI„.„ � [i] tn. p� � � .. rl.r Z /\.,___LL P offlots .1 Fleetwood Dr (elk ) C) 1 S.artan Drive 15g yi"--- Pa Section 2 .3 d cu t. J Wield Ir isjoirlr U I 12 lis r Illndlen N at d CJ`a,, t* C 1 Iltiti -11114( .'44 ,ce Bowes Rd r