02-150 Resolution No. 02-150
RESOLUTION
AUTHORIZING EXECUTION OF AMENDMENT NO. 2 TO AN AGREEMENT WITH
HEY AND ASSOCIATES, INC. FOR THE TYLER CREEK MANAGEMENT PROJECT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Olufemi Folarin, Interim City Manager, and Dolonna
Mecum, City Clerk, be and are hereby authorized and directed to
execute Amendment No. 2 to an Engineering Services Agreement on
behalf of the City of Elgin with Hey and Associates, Inc . for
design services for the Tyler Creek Management Project, a copy of
which is attached hereto and made a part hereof by reference .
s/ Ed Schock
Ed Schock, Mayor
Presented: April 24, 2002
Adopted: April 24, 2002
Omnibus Vote: Yeas : 7 Nays : 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
,t
CITY OF ELGIN, ILLINOIS
TYLER CREEK MANAGEMENT PROJECT
ENGINEERING SERVICES AGREEMENT AMENDMENT NO. 2
This Amendment No. 2 entered into this 3,0day of f4-1oLr`L , 2002,by and
between the City of Elgin, an Illinois Municipal Corporation(herein referred to as "CITY") and
Hey and Associates, Inc., (hereinafter referred to as "ENGINEER"), shall modify that agreement
dated July 10, 1998, (hereinafter referred to as "AGREEMENT"), whereby the ENGINEER was
engaged by the CITY to perform certain professional services in connection with data collection,
conceptual design,preliminary engineering and other construction related engineering services
for the Tyler Creek Management Project (Hereinafter referred to as "PROJECT").
Whereas the payment to the ENGINEER for additional engineering completed on the Grant
Application was not included in the AGREEMENT, and
Whereas the CITY desires to include the payments to the ENGINEER under paragraph W of the
AGREEMENT in connection with the aforementioned design engineering pertaining to the
PROJECT.
Now, therefore, for and in consideration of the mutual undertakings as contained herein, and the
mutual undertakings as set forth in the original AGREEMENT, and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby
agree as follows:
1. That section IV of the AGREEMENT of July 10, 1998 is hereby amended by adding a
Subparagraph D thereto to read as follows:
D. For services listed below and in Attachment A the ENGINEER shall be
reimbursed the total amount of$35,000 as a total lump sum fee regardless of
actual costs incurred by the ENGINEER.
1. Additional engineering $ 4,400
completed on the IEPA 319 Grant
2. Revise final plans to address Army $ 12,500
Corp,NIPC, IDNR and City Staff
Comments
3. Provide Construction Management, $ 15,600
Observation Material Approval and
Payouts. Two overall and one final
inspection of sites 3, 5, 12 and 13
all in accordance with the
Amended Services and the Construction
Services requirements as defined in
Attachments A and B.
-2-
4. Prepare a two year monitoring plan for site 5 $ 2,500
in accordance with Army Corp requirements.
TOTAL LUMP SUM FEES, Amendment 2 $ 35,000
2. That except as amended herein the terms of the AGREEMENT of July 10, 1998, between
the CITY and the ENGINEER shall remain in full force and effect.
3. That in the event of a conflict between the terms of this amendment No. 2 and the terms
of the original AGREEMENT of July 10, 1998, the terms of this Amendment No. 2 shall
control.
IN WITNESS WHEREOF, the undersigned have placed their hands and seals upon and executed
this Amendment No. 2 in triplicate as though each copy hereof was in 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, ILLINOIS
By: 91% By: .�.;....
City Clerk 1ST Mana r
(SEAL) (SEAL)
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For the ENGINEER:
Dated this VY day ofd L , A.D., 2002.
ATTEST: HEY AND ASSOCIATES, INC.
By: By: / -
Secretary Principal
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ATTACHMENT A
AMENDMENT NO. 2
AMENDED SERVICES
1. Address outstanding charges relative to grant assistance over and above the original grant
scope that included attendence at a grant workshop,revisions to the application resulting
from the workshop and filed coordination with the affected agencies to secure concensus
on the projects (sites 3, 5, 12 and 13). The original contract scope included preparation of
the grant application only.
2. Address comments from City staff and from the Army Corp of Engineers' permit
200100407 including revisions to the plans for Sites 3, 5, 12 and 13.
3. Prepare a two year implementation, management and monitoring plan for Site 5 and a ten
year plan for Site 3.
4. Revise project cost estimates and specifications based on City staff and the Army Corp of
Engineers' comments.
5. Provide construction and planting observation on a periodic basis, review and approval of
materials, two punchlists and one final inspection for Sites 3, 5, 12 and 13 with hours
assigned as follows and in accordance with Attachment B:
Site 3 40 hours
Site 5 160 hours
Site 12 24 hours
Site 13 16 hours
-5-
ATTACHMENT B
AMENDMENT NO. 2
CONSTRUCTION SERVICES
1. Liaison and Contract Control
Act as the CITY's representative with duties, responsibilities and limitations of authority as
assigned in the Construction Contract Documents, and advise and confer with CITY
officials during construction and issue the CITY's authorized instructions to the
Contractor.
Assist the Contractor in understanding the intent of the construction contract Documents.
Serve as the CITY's liaison with other local agencies such as utility companies,businesses,
CITY's on-site representative, etc.
2. On-Site Review of Work
Conduct continuous and part-time, depending upon the specific activity of the contractor,
on-site observations of the work in progress to determine that the PROJECT is proceeding
in accordance with the Construction Contract Documents and that completed work will
conform to the requirements of the Construction Contract Documents.
Instruct Contractor to correct any work believed to be unsatisfactory, faulty or defective,
not conforming to the requirements of the Construction Contract Documents, or does not
meet the requirements of any inspections, tests, or approval required to be made and report
same to the CITY; and advise CITY of action taken or if any special testing or inspection
will be required.
Verify that tests are conducted as required by the Construction Contract Documents and in
the presence of the required personnel, and that Contractors maintain and submit adequate
records thereof; observe, record, and report to the CITY appropriate details relative to the
test procedures.
Perform or cause to have performed as applicable, all required field tests such as concrete
tests, soil compaction tests and ensure such tests are made as specified. Analyze the results
of all field and laboratory tests to determine the suitability compliance with the
requirements of the Construction Contract Documents(not including geotechnical
review/observation/testing).
Accompany visiting inspectors representing public or other agencies having jurisdiction
Page 6
over the project, record the outcome of these inspections and report to the CITY.
Prepare and submit detailed daily reports of construction progress.
3. Contractor Suggestions and Requests
Consider and evaluate suggestions and requests for modifications in drawings and
specifications which may be submitted by the Contractor and make recommendations to
the CITY with any time or cost implications for final decision.
4. Shop Drawings
Develop shop drawing submittal requirements and assist Contractor in development of
submittal schedules. Review and monitor compliance with submittal schedules.
Review and approve shop drawings and samples, the results of tests and inspections and
other data which any Contractor is required to submit,but only for conformance with the
design concept of the project and compliance with the information given in the
Construction Contract Documents. Such review shall not be construed as relieving the
Contractor of the responsibility to meet requirements of the Construction Contract
Documents. Determine the acceptability of substitute materials and equipment proposed by
the Contractor; and receive and review (for general content as required by the
specifications)maintenance and operating instructions, guarantees,bonds and certificates
of inspection which are to be assembled by the Contractor(s) in accordance with the
Construction Contract Documents.
Record and maintain a shop drawing submittal and approval log and notify the Contractor
whenever submittals are lacking or untimely.
5. Job Meetings
Conduct weekly progress meetings with all parties as required by the Construction
Contract Documents to review construction progress, design interpretations and overall
progress. Prepare, maintain, and circulate copies of minutes thereof. Arrange a schedule of
on-site job work meetings with the General Contractor and Subcontractors to review day-
to-day requirements and problems. Prepare, maintain, and circulate copies of minutes
thereof.
6. Contract Administration and Records
Handle all day-to-day Contract Administration and associated correspondence. Maintain at
the job site orderly files for correspondence, reports of job conferences, shop drawings, and
samples submissions,reproductions of original Construction Contract Documents
including all addenda, change orders, field orders, additional drawings issued subsequent to
Page 7
the execution of the Construction Contract Documents,progress reports, and other project
related documents.
7. Reports
Furnish written reports to the CITY on a biweekly basis of progress of the work and the
Contractor's compliance with the approved progress schedule and schedule of shop
drawing submissions.
8. Contractor Pay Requests
Review the Contractor's requests for payments as construction work progresses, and advise
the CITY of the amounts due and payable to the Contractor in accordance with the terms of
the Construction Contract Documents.
9. Change Orders
Perform evaluation of proposed Construction Contract Change Orders and submit
recommendation for approval or denial to the CITY. Prepare Construction Contract Change
Orders when authorized by the CITY.
10. Final Completion
Conduct a final inspection of the PROJECT with the CITY and the Contractor, and prepare
and give to the Contractor a final punch list. Issue an opinion of satisfactory completion
for acceptance of the PROJECT by the CITY. Process the Contractor's final request for
payment.
of f(C
§ City of Elgin Agenda Item No.
,.
E -
April 5, 2002 G t ° tr.
A�.
N
TO: Mayor and Members of the City Council ECONOMIC GROWTH
FROM: Olufemi Folarin, Interim City Manager
SUBJECT: Amendment No. 2 to an Agreement with Hey and Associates
for Engineering Services for the Tyler Creek Projects
PURPOSE
The purpose of this memorandum is to provide the Mayor and members
of the City Council with information to consider Amendment No. 2 to
an Agreement with Hey and Associates for additional design services
for the Tyler Creek Management Project .
BACKGROUND
On July 10, 1998 the City entered into an agreement with Hey and
Associates to develop plans for several projects along Tyler Creek.
The 1998 agreement was essentially the result of the City' s
decision to pursue improvement projects to Tyler Creek instead of
pursuing a detention facility to replace the Tyler Creek Detention
(upstream of Randall Road) . Hey completed the engineering and
developed plans for 27 projects along Tyler Creek between the Fox
River and Big Timber (west of Randall) . Each project is
identified by a site number and is one of three types of
improvements : ecological restoration, streambank stabilization or
water quality basin. In January of 2000, the City approved an
Amendment No. 1 and said amendment included additional services to
apply for an Illinois Environmental Protection Agency grant for as
many of the 27 projects as possible .
In January of 2002 , the City finalized and executed an agreement
with Northeastern Illinois Planning Commission (NIPC) for an
Illinois Environmental Protection Agency (IEPA) grant . NIPC serves
as the IEPA' s grant coordinator. The particular grant is known as
a 319 Grant . NIPC and IEPA were interested in several sites but,
due to private property issues, permitting issues and changing
priorities, none of the sites could be included in the grant .
Amendment No. 2 Hey & Associates
April 5, 2002
Page 2
Late last year the various interested parties (Army Corps of
Engineers (ACE) , Illinois Department of Natural Resources (IDNR) ,
US Fish and Wildlife (USFW) , IEPA, Openlands Project (OP) , Friends
of Tyler Creek (FTC) , Kane DuPage Soil and Water Conservation
District (KDSWCD) ) met with City staff to focus energies on the
sites that all felt could be permitted. The group focused on
four sites .
The NIPC agreement included two of the four sites all the
interested parties had agreed upon. The two sites were site 3 , a
streambank stabilization project, and site 5, a water quality
basin: Unfortunately, the IEPA has now indicated that site 5 is no
longer of interest to them. IEPA has indicated that their
priority has changed due to a significant increase in the cost
estimates of site 5 . The increase in the cost estimate is the
result of using actual bid prices from sites 1 and 2 (sites 1 and
2 are in Wing Park and were bid and substantially completed in
2001) with the quantities identified in the site 5 estimate .
The grant amount in the agreement the City executed in January was
$260 , 000 for the two sites (3 and 5) . NIPC has recently stated
001.- that the new grant amount will be $42 , 000 for site 3 only. With
the original grant application, site 3 was estimated at $38, 500 and
is now estimated at $70, 000 , whereas site 5 was estimated at
$77, 000 and is now estimated at $610, 000 . Again, the latest
estimates are based on actual bids receive for sites 1 and 2 .
Of the four sites, site 3 is a streambank stabilization project and
is eligible for IEPA funding, site 5 is a water quality facility
and sites 12 and 13 are streambank stabilization projects . Site
3 is located at the end of Kimberly Drive in Eagle Heights, site 5
is located behind single family homes fronting the south side of
Royal Boulevard just west of Tyler Creek (the new Creekside School
is just to the south of the site) , site 12 is located behind the
Spring Cove Condominiums off of Highland Avenue and site 13 is
located in Garden Cresent Subdivision just west of Garden Cresent
Drive . For reference, sites 12 and 13 are estimated at $75, 000
each.
The intent of the attached Amendment No. 2 is to add engineering
services to the original agreement and Amendment No. 1 necessary to
satisfy NIPC and address 319 Grant requirements, revise plans to
meet Army Corps requirements for permits, address staff comments
(developed via the two Wing Parks projects of 2001) to provide
clarity in specifications and provide construction observation for
0011- the four sites .
Amendment No. 2-Tyler Creek Project
April 5, 2002
Page 3
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None .
0* FINANCIAL IMPACT
This project was originally funded in 1993 with a budget of
$1, 550 , 000 . To date, $756, 908 has been spent and encumbered.
Amendment No. 2 is in the amount of $35, 000, bringing the final
contract amount with Hey and Associates to $252 , 040 . Sufficient
funds -are available in account number 378-0000-795 . 92-32 , project
number 339501, to fund this amendment .
Original Contract $171, 340
Amendment #1 $ 45, 700
Amendment #2 $ 35, 000
Total : $252 , 040
GAL IMPACT
Ve.L191.
None.
ALTERNATIVES
a) Enter into the amendment and proceed with permitting on the
site IEPA is willing to participate in.
b) Enter into the amendment and proceed with permitting all sites
with the understanding that the City may fund all of the
remainder or seek funding elsewhere .
c) Reject the amendment and place all sites on hold.
RECOMMENDATION
It is recommended that the City Council approve Amendment No. 2
with Hey and Associates in the amount of $35, 000, leaving a total
final fee of $252 , 040, and authorize staff to execute the
amendment .
Respectfully submitted,
it
Olufemi .I rin
Interim City ager
JE :do
Attachments