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99-297 Resolution No . 99-297 RESOLUTION AUTHORIZING EXECUTION OF CONTRACT AMENDMENT 2 WITH HEY AND ASSOCIATES, INC. FOR THE WING PARK FAMILY AQUATIC CENTER PERMIT SERVICES 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 Contract Amendment No. 2 on behalf of the City of Elgin with Hey and Associates, Inc . for the Wing Park Family Aquatic Center permit services, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: December 1, 1999 Adopted: December 1, 1999 Omnibus Vote : Yeas 6 Nays 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk Hey and Associates, Inc. Water Resources.Wetlands and Ecology 28045 NORTH ASHLEY CIRCLE, SUITE 101 BROOKFIELD, WISCONSIN CHICAGO,ILLINOIS LIBERTIVII ILLINOIS 60048 OFFICE(847)918-0888 FAX(847)918-0892 November 4, 1999 Ms, Monica Meyers Director of Parks & Recreation City of Elgin 31 South Grove Avenue Elgin, Illinois 60120-5555 Subject: Contract Amendment 2 Wing Park Pool City of Elgin, Illinois Dear Monica: As discussed, we are writing to request a contract amendent for the permitting of the rehabilitation of the Wing Park pool facility. The original project approach assumed that the bath house would be considered an appropnatc use in the floodway as an adjunct to the pool facility which is an appropriate use. After deliberation, the Illinois Department of Natural Resources — Office of Water Resources (OWR) ultimately ruled that the bath house was not an appropriate use. This revired that the floodway be remapped in order to allow the construction of the bath house in the location planned. Thi floodway remapping,in turn, necessitated application for, and receipt of a Letter of Map Revision (LOMR) from the Federal Emergency Management Agency (FEMA). Ultimately, we were seeking authorization from the U.S. Army Corps of Engineers, a floodway construction permit from the Illinois Department of Natural Resources — Office of Water Resources, a LOMR from FLIMA, and permits from the Kane County Soil and Water Conservation District and the City. On February 12, 1999 we issued a contract amendment in which we had estimated $12,000 over- and-above our billings through December 31, 1999 would be required to apply for the above permits and authorizations. This would have brought the total estimated project budget to $22,739.65. The budget amount was estimated because it is difficult to exactly predict modeling efforts or agency permit requirements. Unfortunately, permitting and supporting analyses were more involved than originally anticipated. As a result, we incurred total project billings through August 31, 1999 of$32,861.32, or$9,021.67 in excess of our February 12, 1999 estimate. The original amendment budget was exceeded for the following reasons: - • • Ms. Monica Meyers Wing Park Pool Contract Amendent November 4, 1999 Page 2 • Our initial assumption for the vehicular bridge was for an in-kind replacement. This would have not required analysis. Additional bridge analysis was required to evaluate the bridge Burbach subsequently proposed in their plans. • For this stream reach, the HEC-2 hydraulic model was unusually sensitive to minute changes in bridge geometry, overbank grading and channel roughness. In some instances, the model produced counterintuitive results (e.g. an increase in channel cross sectional area would cause the predicted water surface to rise). This resulted in a much greater modeling effort to meet LOMR and floodway construction criteria. • D&D required more information for the CLOMR submittal than was originally discussed our field meeting with FEMA. • The Corps reviewer required that the 404 permit be broken into phases to accommodate the bridge demolition. That the demolition is an activity requiring a permit was not consistent with Corps regulations. • A great deal of coordination with the agencies was required to shepherd the applications and processing in order to meet the City's deadline requirements. We, therefore, respectfully request a contract amendment for the amount of$9,021.67. Please do not hesitate to call if you have any questions or need additional information. _ a Hey and Associates, Inc. "of . 'n M-e-ae Attest Attest if' 474 -ell /a/o/ y Date Date HEY AND ASSOCIATES,INC. STANDARD TERMS AND CONDITIONS COMPENSATION Staff Hourly Billing Rate LIMITATION OF COSTS Iley $ 158 Engineer will not be obligated to continue performance or incur costs Schaefer $ 127 beyond the estimated costs unless the Client agrees in writing to a Raasch $ 120 revised cost estimate. O'Reilly $ 100 Mosca $ 100 CLIENT'S RESPONSIBILITIES Senior Water Resources Engineer 1 $ 90 Senior Water Resources Engineer 2 $ 82 Client shall arrange for access to and make all provisions for Engineer Senior Landscape Designer $ 74 to enter upon private and public property as required for Engineer to Senior Environmental Scientist $ 70 perform services under this Agreement. Soil Scientist/Archaeologist $ 70 Water Resources Engineer 1 $ 70 Client shall provide Engineer with all existing available information Water Resources Engineer 2 $ 60 regarding this project as required by Engineer. Engineer shall be Botanist $ 60 entitled to rely upon information and documentation provided by the Restoration Ecologist $ 60 Client or consultants retained by the Client in relation to this project, Environmental Scientist $ 55 however Engineer assumes no responsibility or liability for their Landscape Designer $ 50 completeness or accuracy. Cartographer $ 50 Environmental Specialist $ 45 COST OPINIONS Administrator $ 45 Administrative Associate $ 45 Any cost opinions or project economic evaluations provided by Administrative Assistant $ 30 Engineer will be on a basis of experience and judgment. but, because Environmental Intern $ 30 Engineer has no control over market conditions or bidding procedures, Engineer cannot warrant that bids, construction cost, or project Reimbursable Expenses economics will not vary from these opinions. Reimbursable expenses shall be reimbursed at cost plus an 8% STANDARD OF CARE administrative service charge. Such expenses shall include, but are not necessarily limited to travel, reproduction, shipping/delivery, aerial The services provided by Engineer under this Agreement will be photographs, phone and other communication charges, consultants and performed as reasonably required in accordance with generally accepted subcontractor fees,equipment and supply costs related to the execution standards for services as offered in the proposal for this project at the of the project. time when and the place where the services are performed. Fixed reimbursable expense costs are as follow: INSURANCE Travel $ .50/mile Throughout the duration of the project, Engineer will procure and Copies $ .10/page maintain the following insurance: ATV Usage $40.00/hour ATV Discing,Herbicide Spraying,Mowing $45.00/hour Liability Limits of Liability Billing Workers'Compensation and Employer's Liability $ 500,000 each incident Billings shall be on a monthly basis and are payable upon receipt. The Comprehensive General Liability $2,000,000 Client shall pay an additional charge of 1'A percent per month or part Professional Liability $ 1,000,000 thereof for any payment made more than 30 days after receipt of an Automobile Liability $ 1,000,000 invoice. Client shall pay any attorney's fees, court costs or other expenses incurred collecting delinquent accounts. Engineer,with seven Within the limits of this insurance, Engineer agrees to hold the Client days written notice, reserves the right to suspend or terminate work harmless from and against loss, damage, injury or liability arising under this agreement on any account that is past due. directly from the negligent acts or omissions of employees of Engineer, or agents and subcontractors of Engineer and their employees and The Client's obligation to pay for the work contracted is in no way agents. dependent upon the Client's ability to obtain financing, zoning, approval of governmental or regulatory agents, or upon the Client's The Client will limit any and all liability, claim for damages, losses, successful completion of the project. cost of defense,or expenses to be levied against Engineer on account of any design defect, error, omission, or professional negligence to a sum The rates presented herein are effective for the period January 1 through not to exceed the amount of Engineer's fee under this agreement. December 31, 1999 and shall be subject to modification on January 1, Should the Client require other types of insurance coverage, limits in 2000. excess of the above limits, and/or certificates naming any other(s)than the Client as additional insured parties,the Engineer's cost of obtaining such coverage,limits,or certificates shall be reimbursable by the Client. OF Etc, I14 City of Elgin Agenda Item No. November 5, 1999 TO: Mayor and Members of the City Council FROM: Joyce A. Parker, City Manager SUBJECT: Wing Park Family Aquatic Center Permit Services Amendment No. 2 with Hey and Associates, Inc . PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider approving Amendment No. 2 and final payment for Hey and Associates, Inc . in the amount of $9 , 021 . 67 for coordinating the permits for the Wing Park Family Aquatic Center. BACKGROUND In August, 1998 , the City Council awarded a contract with Hey and Associates, Inc. totaling $9, 500 to coordinate the permits from the Illinois Department of Natural Resources (IDNR) and the Army Corps of Engineers for the Wing Park Family Aquatic Center. The scope of Hey and Associates ' service was to work with Burbach Municipal and Civil Engineers to review plans, recommend changes to the plans based on floodway and permitting requirements, prepare permit applications and work with permitting agencies to acquire permits . The Illinois Department of Natural Resources - Office of Water Resources (OWR) ruled that the bath house was not an appropriate use in the floodway. This required that the floodway be remapped in order to allow the construction of the bath house in the location planned. The floodway mapping required a letter of map revision (LOMR) from the Federal Emergency Management Agency (FEMA) and permits from the Kane County Soil and Water Conservation District . These items were not elements of the initial scope . In February 1999, the City Council awarded a contract amendment of $12, 000 for a new contract total of $21, 500 for Hey and Associates to coordinate the additional permit requirements . re. Hey and Associates/Wing Park Aquatic Center November 5, 1999 Page 2 Additional work on the part of Hey and Associates, Inc . was required by the permitting agencies above the February 1999 contract amendment as follows : • Required change in vehicular bridge caused the need for an analysis of the bridge, overbank grading, channel roughness, and greater floodway modeling. • Dewberry and Davis (permitting consultant for DNR) required additional information for the CLOMR submittal than was originally discussed in the field meeting with FEMA. • The Corps permit reviewer required the 404 permit application be resubmitted as phases to accommodate the bridge demolition. Demolition is typically not an activity that requires a permit through the Corps . • Because of the above-requested changes, a greater amount of coordination was required to follow up with all of the permit agencies involved in order to complete permits within the City' s project time frame . The additional services required for the above issues were completed by Hey and Associates at an additional cost of $9 . 021 . 67 . All permits have been received for the project and construction on the new Wing Park Family Aquatic Center commenced in October. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None . FINANCIAL IMPACT There are sufficient funds available within the project ' s t contingency in account number 275-0000-791 . 92-36 , project number 509538, for Amendment No. 2 with Hey and Associates, Inc . in the amount of $9, 021 . 67 . 1001( LEGAL IMPACT None . ALTERNATIVES None . Hey and Associates/Wing Park Aquatic Center November 5, 1999 Page 3 RECOMMENDATION It is recommended that the City Council approve Amendment No. 2 and final payment for Hey and Associates, Inc. for additional services required to coordinate the permits for the Wing Park Family Aquatic Center totaling $9, 021 . 67 . R- .ectfully submitte J . ce A. Parker City Manager rft