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03-208 I ' Resolution No. 03-208 RESOLUTION AUTHORIZING EXECUTION OF A PHASE III ENGINEERING AGREEMENT WITH PATRICK ENGINEERING INC. FOR THE HIGHLANDS OF ELGIN GOLF COURSE 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 a Phase III Engineering Agreement on behalf of the City of Elgin with Patrick Engineering Inc . for The Highlands of Elgin Golf Course, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: July 23 , 2003 Adopted: July 23 , 2003 Omnibus Vote : Yeas : 6 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk Page 1 PHASE III ENGINEERING AGREEMENT THIS AGREEMENT, made and entered into the J irday of July, 2003, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY") and Patrick Engineering Inc., an Illinois corporation (hereinafter referred to as "ENGINEER"). WHEREAS, the CITY desires to engage the ENGINEER to furnish certain additional professional services in connection with the development of Phase II of The Highlands of Elgin Golf Course (hereinafter referred to as the "PROJECT"). AND WHEREAS, the ENGINEER has completed the Investigation, Programming and Construction phase of Phase I of the PROJECT. AND WHEREAS, the ENGINEER has an ongoing relationship with the CITY and 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 Page 2 act for and represent it in certain additional 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." 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. Schedules for each task associated with the PROJECT are provided in Attachment Al. B. The ENGINEER will submit to the DIRECTOR on a monthly basis a Status Report keyed to the Project Schedule. A brief narrative will be provided identifying progress, findings and outstanding issues. 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. Page 3 IV. PAYMENTS TO THE ENGINEER 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 A l titled "FEES" attached hereto and made a part hereof by this reference, with the total fees and expenses to be paid to ENGINEER not to exceed $237,640, regardless of the actual time expended or costs incurred by the ENGINEER, unless substantial modifications to the scope of the work are 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 $237,640. 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 1.10. 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 (IIB above) will 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 Page 4 this Agreement. The ENGINEER shall make these records available at reasonable times during the Agreement period, and for a 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 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 the date 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 which the CITY may have of 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 Page 5 submitted by the ENGINEER, all work required under this Agreement as determine 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. 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 negligence 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. The provisions of this paragraph shall survive any termination and/or expiration of this agreement. Page 6 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. 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. 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. Page 7 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. D. 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. 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, unless specifically identified in the Scope of Services. 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, Page 8 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. 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. Page 9 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 except as may be specifically provided for herein. 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 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. 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. Page 10 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. 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: Page 11 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 ILCS 5/2-105. 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. Page 12 XXVII.NOTICES 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 Fiscal Services 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. 4985 Varsity Drive Lisle, Illinois 60532-4144 Page 13 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 N B y'= za City Clerk City Manager (SEAL) For the ENGINEER: ,,11 TKr Dated this / day of , A.D. 2003. ATTEST: PATRICK ENGINEERING INC. By By ,� .:... c, �ssr*„r Secre y Vice President (SEAL) ATTACHMENT Al CONSULTANT SCOPE OF SERVICES HIGHLANDS OF ELGIN GOLF COURSE PHASE III ENGINEERING AND BASIS OF FEE—QUARRY 11 This attachment presents the Scope of Services to be provided by Patrick Engineering Inc. (Patrick) for the initial design phase of the Quarry 11 Course (Phase II of Highlands of Elgin 27- Hole Golf Course). These services are additional professional services to those previously provided by Patrick and are identified as Phase III Engineering Services. It is intended that the Scope of Services to be provided by Patrick will be expanded to include final design and construction related services once critical information on site conditions is obtained and the City makes decisions regarding project components and features. These services also include the recent requirements of the Golf Course Project Leadership Team as expressed during the June 25, 2003 meeting. SCOPE OF SERVICES The goal of this phase of services is to assist the City and Golf Course Architect to develop a layout, a grading design and an irrigation system design for the Quarry 9 Course that takes into account: • The closure and reclamation requirements of the quarry • Stable earth slopes in the Quarry Lake • The use of the earth and topsoil stockpiles located on the site • The presence of a"Waters of the U.S." creek and creek-associated wetlands on the site • The desire to provide a lake (25 ±acres) within the quarry area • The use of the existing quarry well to supply supplemental irrigation water Together with the need to provide: • Required stormwater management/detention for the development area • A controlled drainage outlet from the lake to the on-site creek • Suitable landscape buffers adjacent to on-site wetlands • Erosion/sediment control measures to prevent damage to adjacent and downstream off-site properties The following engineering tasks will be performed to satisfy the goals of the investigation/design/construction phase of the second phase of the course development. City of Elgin Highlands of Elgin Golf Course Phase III Engineering and Basis of Fee—Quarry 11 1. EARTHWORK AND GRADING DETERMINATION Grading, drainage and groundwater issues will be examined based upon: • Miner meetings • Course Architect lake configuration designs, • Preliminary quantity estimates for earthwork cost estimates will be updated, and • Slope designs based upon the miner's topographic map of existing ground surface conditions within and adjacent to the quarry site. The 2003 existing conditions topographic map prepared from the Prairie Group aerial photogrammetry will be used for compliance determination based on the "2001 Mining Agreement" for earthwork and grading design purposes. A topography layout for the lake and the golf course will be developed and will incorporate both the existing on-site stockpile materials and fill materials expected to be delivered to the quarry site for disposal. This mass earthwork plan will indicate proposed surface contours to which the quarry contractor will cut, fill and grade the site, in preparation for final grading by the golf course contractor. The focus of the investigation will be the preparation of design parameters and recommendations for the construction of the shoreline stabilization techniques that will maintain the water edge location/condition in the Quarry Lake. Based on existing information, the slopes will be constructed of either compacted clayey soils or an engineered beach fill to enhance storm water diversion, site backfilling, foundation preparation, location and selection of embankment materials, slope protection, and construction specifications. This earthwork/topography determination will be coordinated with the final grading design to be developed by the golf course architect. 2. SURVEYING AND MAPPING Field surveys will be performed to define the current mine floor condition and locate delineated wetland boundaries, to establish monitoring well locations and elevations and to determine elevations of existing items such as storm sewers, and drainage channels. A survey will be included to determine the position of the relocate miner's sedimentation ponds to ensures reliable water storage for irrigating the existing golf course. Wetlands and monitoring wells will be plotted on the existing conditions topographic map. The survey control points used to prepare the aerial topographic map will be used to match the new survey data with the existing map elevation datum and grid coordinates. 3. WATER SUPPY WELL Field testing consisting of limited/controlled groundwater pumping will be performed in the Prairie deep well to estimate both the hydraulic conductivity of the aquifer and the availability of a sustained high yield from the facility. In support of the course and future Sports Complex irrigation systems design (by others) the following items will be considered for the evaluation of the deep well: A. Description of the arrangement of the main headers and feeder lines B. Minimum irrigation times 1. Flow rates for equipment 2 City of Elgin Highlands of Elgin Golf Course Phase III Engineering and Basis of Fee— Quarry 11 2. Minimum storage capacity for the ponds 3. Configuration of system and pumps 4. Electric power feeding the area of the new pumps C. Lake Pump House Design 1. Location 2. Water Flows and Circulation 3. Oxygen and Chemical feed systems 4. Impact of Dredging requirements 5. Elevation on the pond banks 6. Type of stabilization required 4. WETLANDS DELINEATION AND PERMITTING Patrick will assist the City for obtaining requisite permits for the proposed actions. Wetlands delineation will be performed by Hey & Associates to locate and delineate wetlands and waters of the U.S. on the site. The work will consist of flagging the wetland boundaries, surveying the flags, preparing data forms, preparing a map of the site showing the wetland boundaries, preparing data forms, preparing a map of the site showing the wetland limits and preparing a report of findings. A Joint Permit Application for a Regional Permit from the U.S. Army Corps of Engineers (for wetland impacts associated with the project) will be prepared and submitted. This application will include an upland buffer design and maintenance plan (if required). It is assumed that the project will qualify for a Regional Permit. If instead, an Individual Permit is necessary, additional effort and consultant fees will be required and are shown as an optional cost on the Professional Services Fee Estimate. 5. QUARRY LAKE EVALUATION Tributary drainage area conditions will be examined to determine stormwater runoff quantities for both flood control storage and golf course irrigation supply purposes. A stormwater analysis will be performed to determine the storage volume required for the off-site and golf course areas that will drain to the lake. The lake high water level will be established to provide adequate storage and to enable a suitable grading design of the golf course along the edge of the lake. The lack of stormwater runoff during probable dry periods will be evaluated with regard to the need for a supplemental supply of well water for irrigation. 6. WATER AVAILABILITY ASSESSMENT Quality and quantity of water from various sources will be examined. Groundwater samples will be collected using IEPA accepted protocols, as discussed during the Golf Leadership Committee, from monitoring wells to be located within the area, and surface runoff water samples will be taken from the adjacent and currently operating detention basins. The samples will be tested for Section 620 Class II Inorganic Chemical Constituents, pesticides, and herbicides. The intent of this testing is to establish a water 3 City of Elgin Highlands of Elgin Golf Course Phase III Engineering and Basis of Fee— Quarry 11 quality baseline record for the existing golf course operation. Contaminated stormwater runoff and subsequent detention basin infiltration into the groundwater could affect groundwater quality such that there could be concern about the water quality in Quarry Lake. During the June 25, 2003 Golf Course Project Leadership Team Meeting is was concluded that the City may not use the lake as a swimming beach and fishing facility. However, the final resolution has not been accepted by the City Council therefore pending final council acceptance of the plan it may be prudent to assess the potential impacts of golf course operations and drainage from off-site roadways on water quality. This Scope of Services will not include performing neither a beach option water assessment nor an ecological assessment to determine the potential impacts of parameters detected in groundwater on human health and the environment. An assessment report indicating findings, issues and recommendations will be prepared. 7. QUARRY LAKE OUTLET In liaison with the Golf Course Leadership Team and Course Architect a design will be developed for a lake outlet control structure and a drainage channel across the golf course to the existing on-site creek. The outlet structure will be designed to maintain the established lake elevation and provide both a restricted release rate and a suitable overflow capacity. The alignment of the outlet channel will be coordinated with the course layout by the golf course architect. 8. STORMWATER MANAGEMENT EVALUATION The golf course architect's grading plan will be examined to evaluate the capability of the proposed ponds and depressional areas to provide necessary detention volumes for areas that do not drain to the lake. Drainage patterns will be reviewed with regard to restricting off-site release rates. The need for temporary and phased stormwater facilities (until Quarry Lake is available for stormwater purposes) will be considered. Concerns, issues and the possible need for site adjustments will be discussed with City personnel and the golf course architect. This work will also include field investigations of conditions within and adjacent to the site for drainage coming into and leaving the site. 9. EARTHWORK OPERATIONS PERMITTING A Stormwater Pollution Prevention Plan (SWPPP), complete with necessary erosion/sediment control plans and specifications will be prepared for the proposed mass earthwork operations to comply with NPDES requirements issued by the IEPA for stormwater discharges from construction site activities. During the June 25, 2003 Golf Course Project Leadership Team Meeting is was concluded by the Mayor and others that as a result of the experience with the extension of the mining limits beyond the contract boundaries that additional inspection services might be necessary during the quarry reclamation. Therefore as an optional sub-task has been added to the Scope of Work wherein Patrick would provide an engineering Technician to periodically assess and report the filling operations to ensure progress is being made in the manner expected. 4 City of Elgin Highlands of Elgin Golf Course Phase III Engineering and Basis of Fee— Quarry 11 10. MONITORING WELLS Preliminary investigations have established that four monitoring wells are necessary to define the change in subsurface water levels during the filling of the course lake. The monitoring wells will be installed by Patrick Drilling Inc. (PDI) at select locations around the new golf course and reclaimed quarry. These wells will be located so as to aid in the characterization of groundwater flow and to monitor significant changes in groundwater elevations. The soil materials from each well will be sampled at 5-foot intervals to a depth of 10 feet below the water level encountered during drilling. The monitoring wells will consist of slotted PVC screen and solid riser pipe. A metal well protector will be installed around each well to provide resistance to vandalism. It is intended that the wells will be used to monitor groundwater level variation. A report will be prepared indicating soil conditions at the well locations and initial comments regarding groundwater conditions. 11. SITE DEVELOPMENT REPORT A report will be prepared to describe the findings of the various investigation tasks; to note issues and concerns; and to make recommendations about specific matters, including stormwater management, groundwater conditions, wetlands, and Quarry Lake. A water availability assessment report and a wetland delineation report will be included. The final report will also contain suggestions for an implementation schedule for the course alternate selected by the City. It is the intent of the City to construct a portion of the project during the 2004 construction season. With this goal in mind, a sequence of implementation will be outlined that addresses: • Critical areas of concern • Design system dependency (i.e. necessary collector/outlet systems) • Limits of impact • Approximate costs for implementation 12. MEETINGS Patrick staff will attend six design review meetings with City staff and the golf committee to present the working design concepts. An additional 12 meetings have been allocated during the term of the contract to meet with the Miner representative, Golf Committee and to attend lake construction meetings. It is anticipated that design review meetings will be workshop-type meetings, with designs critiqued, constraints defined, and compromises established. It is intended that by the conclusion of the meetings, a consensus will be established regarding the types of solutions to concentrate on for the final project report. Patrick staff will attend a fourth meeting with the City to present the draft project report and final recommendations. Minor design revisions would still be accommodated at this point. However, the main goal of the meeting will be to identify golf committee's critical areas of concern such that the final report can address these issues. 5 City of Elgin Highlands of Elgin Golf Course Phase III Engineering and Basis of Fee— Quarry 11 DELIVERABLES The following items will be provided to the City during the course of this phase of work. 1. Site topography map updated to show locations of surveyed wetlands, existing storm drainage systems and proposed Quarry Lake, lake outlet, and creek bridge locations. 2. Wetland delineation report including suggestions for buffer area construction and comments about permitting requirements. 3. Application for a wetland impacts Regional Permit, including a proposed upland buffer design and maintenance plan. 4. Site development report and ancillary drawings and documentation. 5. Mass earthwork plan indicating proposed surface contours to which the quarry contractor will cut, fill and grade the site in preparation for final grading by the golf course contractor. 6. Stormwater Pollution Prevention Plan for mass earthwork construction operations. SCHEDULE Patrick will perform the above-defined services in accordance with the following described schedule, which is based on an anticipated course opening in Spring 2006. The schedule provides flexibility to accommodate project scope or funding changes each year. The progress of work, remaining Scope of Services and project funding can be reviewed and evaluated at the end of each year to identify the Scope of Services for the following year. The proposed Scope of Services for 2003 is based on receiving a notice to proceed by July 1, 2003. Year 1, (end of 2003) The first year will include developing a base map and an initial earthwork/grading/drainage design for the areas proposed in the Mine Agreement. The purpose of this map and design is to develop the basis for the design of the lake area and adjoining fairway configurations, so that each earthwork phase will tie correctly into the subsequent phases. This is important as the phases are divided by priority and not by geographic areas. Tasks for Year 1 include: • Data collection to develop a base map for the entire area. This includes surveys and field investigations to define existing drainage systems and wetlands and to determine the current status of the lake backfilling operations. • Evaluation of stormwater conditions issues and needs. • Preliminary design of Quarry Lake stormwater storage, connections to existing drainage systems and lake outlet to on-site creek. • Installation of monitoring wells. • Groundwater/surface water sampling and analysis (4 events). • Supervision of flow testing of existing deep well (Testing performed by others under contract to Patrick if desired by the City). 6 City of Elgin Highlands of Elgin Golf Course Phase III Engineering and Basis of Fee— Quarry 11 • Wetland delineation and permitting. • Earthwork/grading design to a 50% stage for the project lake area when released by the miner. • Earthwork/grading design to the 100% stage for Year-end 2004 construction when released by the miner. • SWPPP permitting for mass earthwork operations. • Bid assistance and construction management for mass earthwork operations. Subsequent Years (2004, 2005) Each year will include an update of the base map (if required) for the projected years' work. The Scope of Service for the year will be determined based on the previous years' progress, the work remaining from the 2001 Mine Agreement as amended by 2003 contract modification, and additional work as may have been defined from the Year 1 and City input on priorities and funding. Because the project design solutions will have been worked out during the first year, any work to be added to the project scope (as approved by the City) will be taken directly to the 100% design stage. The proposed construction work for each year will be designed and permits applied for during that construction year. Patrick will work with the City to accommodate any reasonable milestones, which the City may require, that vary from the proposed schedule. Many of the tasks will proceed concurrently. Some will take less time than others. To expedite the process, task findings and suggestions will be submitted for review, as they are determined during the course of the work. FEES Patrick will complete the subject Year 1 work on a unit time and materials basis using the attached 2003 Fee Schedule, and in a manner as described on the enclosed, Patrick Engineering Inc. Phase Three "City of Elgin New Quarry 11 Course Project Budget". It is recommended that City of Elgin budget $238,000 (all options included) to compete the above Year 1 tasks. The actual fee will depend on the complexity of the final lake system and the potential need for system modification. While Patrick cannot guarantee that the budget will be adequate to answer all questions, we will not exceed the established budget without prior direction and approval. Rates and costs will be in accordance with Patrick's Standard Charges, current at the time of the work, except that rates for 2004 and beyond shall not be increased more than 5% per year above the 2003 rates. 7 City of Elgin Highlands of Elgin Golf Course Phase III Engineering and Basis of Fee— Quarry 11 OPTIONAL SERVICE—RECLAMATION OVERSIGHT Per direction given during the June 25,2003 Golf Course Project Leadership Team Meeting Construction Oversight is offered, and will be provided as requested by the City. Specific tasks associated with Quarry reclamation oversight include: 1. Liaison and Contract Control A Patrick's project manager (R.E.) will act as the CITY's representative. The R.E. will advise and confer with the CITY representatives, issue the CITY's authorized instructions to the Contractor, serve as the CITY's liaison to other local agencies, and assist the Contractor in interpretation of the Contract Documents. 2. On-Site Review of Work A technician(s) will provide periodic un-announced on-site observation of the work in progress. The number of technicians will vary with the amount and type of work being performed by the Contractor. The technician will observe the work to confirm that it is being performed in accordance with the Construction Contract Documents (CCD). The technician will verify that the Contractor is performing testing as required by the CCD. The technician will also perform field testing and initiate lab testing as required by the CCD. Field tests will likely include but is not limited to soil compaction testing, and sub grade evaluation. Lab tests will likely include moisture contents, Proctors, grain size analysis, and compressive strength tests. Lab testing will generally be performed at PATRICK's in house laboratory. The technicians will document all testing, observations, instructions to Contractor, and other significant decisions and recommendations on daily field reports. Field books will be used to document the raw data, observations and notes that are entered into the daily field reports. Copies of the daily field reports will be delivered to the CITY and the Contractor on a timely basis. The technician will instruct the Contractor to correct any non-conforming or defective work and will document such work, any instructions to the Contractor, and the resulting corrective measures. 3. Schedules (Construction Schedule,Shop Drawing Submittal Schedule, Schedule of Values) The R.E. will work with the Contractor to develop a construction schedule. 4. Job Meetings The R.E. will conduct regular progress meetings with all parties to review progress, coordination and design issues and interpretations. Meeting minutes will be prepared, maintained and distributed by the R.E. 5. CITY Change Orders The R.E. will prepare Construction Change Orders when authorized by the CITY. 6. Government Policies 8 City of Elgin Highlands of Elgin Golf Course Phase III Engineering and Basis of Fee— Quarry 11 The R.E. will review the Contractor's compliance with governmental mandated programs (non-safety). We understand that the Contractor will retain an independent safety officer for safety related provisions. 7. Record Documents (Record Drawings, Operation and Maintenance Manuals, Project Records) Upon completion of the work, a set of record drawings will be prepared and submitted to the CITY in accordance with the CITY requirements and the Contract Documents. 8. Final Completion The R.E. will conduct a final completion inspection of the project with the CITY and the Contractor. A final punch list will be prepared and issued. The R.E. will verify the punchlist has been completed satisfactorily and issue an opinion of satisfactory completion of acceptance of the Project to the CITY. The R.E. will process the final pay request. P:\Lisle\ELGINWttachment Al.doc 9 PATRICK ENOINEEiRIN10 INC_• 6 cn w J F W Y 0 cc �i - 10 = N 0 W p W ED O W ~ W m 2.6 - c H F- Q I- M a E o F d a 7 O 0 Z v a rn E c 0 LL 0 Y o a n m y 03 0 m cn o ` 0 = m a m a WORK TASKS Q. 1- w G 3 Z F- )0 $100.00 1 Earthwork and Grad ing Determination A Coordination $300 26 $4,000 B Preliminary Miner Meetings 6 $100 37 $4,100 C Course architect Lake Configurations $100 50 $6,330 D Existing Conditions Slope Design&Mass Grading De $100 42 $4,950 E Existing Conditions Mass Grading Plans 68 $6,380 F Earthwork Quantity and Cost Validation 38 $3,960 Task 1 Sub-Totals 6 $600 0 0 261 $29,720 2 Survey and Mapping A Mine floor survey - $200 40 $5,540 B Check Bridge Locations - C Wetland Determination $20o 28 $3,810 D Stormwater Management(existing sewers and drains E Monitoring Wells Facilities $100 14 $2,000 F Golf Course Irrigation Water Supply(Miner's Ponds) $100 22 $3,070 G Topographic Ma• Modifications 0 Task 2 Sub-Totals 0 Water Supply Well Water Supply Well Testing �' Water Supply to Existing Course $1,980 •Water Supply to Sports complex(Optional) Lake Pumphouse Design 5 Electrical Supply to Well and or Pumphouse Task 3 Sub Totals 0 ' 130 $22,350 4 Wetlands Delineation and Permitting A Field Investigation and Report - $4,000 B Jurisdictional Determination 13 15 $1,600 C Regulatory Analysis 7 9 $1,000 D Joint Permit Application $100 52 56 $5,900 E Project/Agency Meetings $100 25 29 $3,200 F Individual Permit Allowance $100 140 148 $15,300 Task 4 Sub-Totals 0 $400! 0 • 294 $31,000 Quarry Lake Evaluation • Data Collection and Review , $1,110 • Field Investigations $100 28 $2,980 Tributary Area Study 18 $1,900 • Hydrologic Analysis 22 $2,320 E Storage e ental well assessment ���® ••s Supplemental well assessment Stage 4 Sub-Totals 0 Salo . s Water Availability Assessment nt • Water Sample Collection and Testing $200 $1,230 46 $5,695 Water Sample Baseline Development $200 $1,400 34 $4,750 Task 6 Sub Total 0 $400 $2,630 0 80 $10,445 7 Quarry Lake Outlet ' Golf Course Architect Liaison $50 8 $1,070 B Golf Course Design Review 10 $1,140 •Outlet Channel Design 18 $1,740 D Creek Connection Design 8 $890 E Outlet Structure Design 18 $1,900 F Wetland Consultant Liaison 4 $510 o Outlet Channel/Structural Plans - 20 $1,780 h:\geo\pro\elgin3598\el gi nfeedetai I RevA 7/9/2003 , ,,-,� , City of Elgin Agenda Item No. l-- �1TEDF E ' L r July 3, 2003 I G I ^ - N TO: Mayor and Members of the City Council RECREATIONAL LEISURE ANC.CULTURAL OPPORTUNITIES FOR ALL CITIZENS FROM: David M. Dorgan, City Manager James R. Nowicki, Fiscal Services Director SUBJECT: Amendment to the Engineering Service Agreement with Patrick Engineering for The Highlands of Elgin Golf Course-Phase II PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to approve amending the contract with Patrick Engineering Inc . for engineering services in conjunction with Phase II of The Highlands of Elgin Golf Course. BACKGROUND In November 2000, the City entered into a three phase contract with Patrick Engineering for engineering services related to Phase I (the initial nine holes) of The Highlands of Elgin Golf Course for $359, 500 . The various tasks, included as part of Phase I, ranged from an archeology survey required for a U.S . Army Corp of Engineers 404 permit to clubhouse/maintenance facility infrastructure. Additional tasks included engineering for water, sewer and other utilities; McLean Blvd. underpass work; stormwater management; wetland mitigation and permitting; cart path bridges; and hydrogeologic evaluation and quarry reclamation. Originally the City Council approved moving forward with the Highlands of Elgin Golf Course project in three phases . The first phase dealt with the construction of the initial nine holes east of McLean Boulevard which was opened in April, 2003 . The second phase deals with construction of eleven (11) golf holes on the eastern portion of the Sports Complex property directly adjacent to the recently completed nine golf holes. Phase 2 design incorporates a 40 acre lake which remains as a ( Engineering Service Agreement for The Highlands of Elgin Golf Course Phase II July 3, 2003 Page 2 result of the limestone mining and final reclamation of the site. The final phase would construct 7 golf holes on the original "back nine" of Spartan Meadows, ultimately providing a 27 hole golf complex. As the miner (Prairie Materials) concludes their quarry operation, reclamation of the site and the corresponding engineering associated with construction of The Highlands of Elgin Golf Course Phase II needs to be addressed. Phase II engineering services would include the following items : 1 . Earthwork and Grading Determination Grading, drainage and groundwater issues will be examined. 2 . Surveying and Mapping Field surveys will be performed to define the current mine floor condition and locate delineated wetland boundaries, rft. to establish monitoring well location and elevations and to determine elevations of existing items such as storm sewers and drainage channels . 3 . Water Supply Well Evaluation Field testing consisting of limited/controlled groundwater pumping will be performed in the Prairie deep well to estimate both the hydraulic conductivity of the aquifer and the availability of a sustained high yield from the facility. 4 . Wetlands Delineation and Permitting A wetlands delineation will be performed to locate and delineate wetlands and waters of the U.S. on the site. A Joint Permit Application for a Regional Permit from the U.S. Army Corps of Engineers (for wetlands impacts associated with the project) will be prepared and submitted. Should an Individual Permit be required by the U.S. Army Corps of Engineers, an additional allowance of time has been included in the scope of services . 5 . Quarry Lake Evaluation Tributary drainage area conditions will be examined to determine stormwater runoff quantities for both flood control storage and golf course irrigation supply purposes. Engineering Service Agreement for The Highlands of Elgin Golf Course Phase II July 3 , 2003 Page 3 6 . Water Availability Assessment Quality and quantity of water from various sources will be examined. 7 . Quarry Lake Outlet Design A design will be developed for a lake outlet control structure and a drainage channel across the golf course to the existing on-site creek. 8 . Stormwater Management Evaluation The golf course architect' s grading plan will be examined to evaluate the capability of the proposed ponds and depression areas to provide necessary detention volumes for areas that do not drain to the lake . 9. Earthwork Operations Permitting A Stormwater Pollution Prevention Plan (SWPPP) , complete eft. with necessary erosion/sediment control plans and specifications will be prepared for the proposed mass earthwork operations to comply with NPDES requirements issued by the IEPA for stormwater discharges from construction site activities. Inspection services would be provided to assess that fill materials deposited into the quarry site are acceptable and that progress is being made in the manner expected. 10 . Monitoring Wells Installation Four monitoring wells will be installed at select locations around the new golf course and reclaimed quarry. 11 . Site Development Report A report will be prepared to describe the findings of the various investigation tasks; to note issue and concerns; and to make recommendations about specific matters, including stormwater management, groundwater conditions, wetlands, and Quarry Lake. Engineering Service Agreement for The Highlands of Elgin Golf Course Phase II July 3 , 2003 Page 4 GROUPS/INTERESTED PERSONS CONTACTED The Highlands of Elgin Leadership Team has previously approved moving forward with Phase II of The Highlands of Elgin Golf Course. OQFINANCIAL IMPACT Patrick Engineering Inc. ' s fee for the aforementioned tasks is a not to exceed figure of $238, 000 . Sufficient funds are budgeted ($244, 500) and available ($238, 019) in the Riverboat Fund, account number 275-0000-791 . 92-36, Project number 509637 to pay for this contract with Patrick Engineering. EGAL IMPACT None ALTERNATIVES 1 . Contract with Patrick Engineering for Phase II engineering work. 2 . Decline to move forward with the golf course project . 3 . Choose another engineer. RECOMMENDATION It is recommended that the City Council approve an amendment to Patrick Engineering Inc. ' s contract for engineering services in conjunction with Phase II of The Highlands of Elgin Golf Course at a not to exceed figure of $238, 000 . Respectfully submitted for Council consideration. JRN/km rib*