09-140 •
Resolution No. 09-140
RESOLUTION
AUTHORIZING EXECUTION OF A FIRST AMENDMENT AGREEMENT
WITH BONESTROO, DEVERY &ASSOCIATES, INC.
REGARDING CONSTRUCTION OF THE HIGHLANDS
PHASE 2 GOLF COURSE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
Olufemi Folarin,City Manager,and Diane Robertson,City Clerk,be and are hereby authorized and
directed to execute a first amendment agreement on behalf of the City of Elgin with Bonestroo,
Devery & Associates, Inc. for the Highland Phase 2 Golf Course construction, a copy of which is
attached hereto and made a part hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: June 10, 2009
Adopted: June 10, 2009
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Diane Robertson
Diane Robertson, City Clerk
FIRST AMENDMENT AGREEMENT
Professional Engineering Services Agreement For Highlands Phase II Golf Course
This First Amendment Agreement is hereby made and entered into this /0 tit,day of
, 2009, by and between the City of Elgin, an Illinois municipal corporation
( reafter referred to as the "CITY") and Bonestroo, Rosen, Anderlik & Associates, Inc., d/b/a
Bonestroo Devery & Associates, a Minnesota corporation (hereinafter referred to as the
"ENGINEER").
WHEREAS, the parties hereto have previously entered into an agreement dated March
31, 2007, attached hereto as Exhibit 1 and incorporated herein by this reference (hereinafter
referred to as the "ORIGINAL AGREEMENT"), whereby the ENGINEER would provide
certain engineering services to the CITY relating to the development of the Highlands Phase II
Golf Course Project(hereinafter referred to as the "PROJECT"); and,
WHEREAS, the ORIGINAL AGREEMENT provided for a maximum payment of
$264,211.00 to the ENGINEER; and,
WHEREAS, the CITY has determined that the proposed scope of the services to be
provided under the ORIGINAL AGREEMENT should be modified to include additional design,
bidding and construction observation services relating to the PROJECT; and,
WHEREAS, the parties hereto have determined that the total maximum payment for the
additional services described in this First Amendment Agreement shall be in the amount of
$17,796.00; and,
WHEREAS, the parties hereto have each determined it to be in their interests to amend
the ORIGINAL AGREEMENT to provide for such additional services; and,
WHEREAS, the circumstances necessitating the changes to the ORIGINAL
AGREEMENT contemplated by this amendment are germane to the ORIGINAL AGREEMENT
as signed; this First Amendment Agreement is in the best interest of the CITY; and entering into
this First Amendment Agreement is authorized by law.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, and other good and valuable consideration, the sufficiency of which is hereby mutually
acknowledged,the parties hereto hereby agree as follows:
1. Article I of the ORIGINAL AGREEMENT is hereby amended by adding the following
additional text to the end thereof as a new subparagraph C:
"C. The ENGINEER shall also provide additional services, to consist
of the tasks set forth below:
Task A—Topsoil bidding;
Task B — Additional comfort station design and bidding services;
and,
Task C — Construction observation services for punch list and
comfort utility installation and testing."
2. Article IV.A of the ORIGINAL AGREEMENT is hereby amended by adding the
following new paragraph at the end thereof:
"In addition to the not to exceed amount of$266,711.00 set forth above,
the City shall pay the ENGINEER for the additional services provided in
Article I.0 as follows:
Task A—A lump sum fee of$9,596.00;
Task B—A lump sum fee of$3,200.00; and,
Task C—On a time and materials basis in an amount not to exceed
$5,000.00.
The total payments to the ENGINEER for Tasks A through C are not to
exceed $17,796.00, and the total payments to the ENGINEER under this
Agreement as amended shall in no event exceed $282,007.00, regardless
of the actual costs incurred or services provided by the ENGINEER,
unless substantial modifications to the scope of work provided for herein
are agreed to in writing by the City."
3. Article IV.B is hereby amended by adding the following sentence to the end thereof:
"The not to exceed fee of $17,796.00 for Tasks A through C shall include all
reimbursable expenses."
4. The changes to the ORIGINAL AGREEMENT as provided in this First Amendment
Agreement are germane to the original contract as signed, and this First Amendment
Agreement is in the best interests of the City of Elgin and is authorized by law.
5. Except as amended by this First Amendment Agreement,the ORIGINAL AGREEMENT
between the parties shall remain in full force and effect.
6. That in the event of any conflict between the terms of the ORIGINAL AGREEMENT,
and the provisions in this First Amendment Agreement, the provisions of this First
Amendment Agreement shall control.
SIGNATURE PAGE FOLLOWS
-2 -
J
IN WITNESS WHEREOF, the undersigned have entered into and executed this First
Amendment Agreement as of the date and year first written above.
CITY OF ELGIN ENGINEER
By: t_ �\ - Q.,,S4yett .t._ al A/C
O ufe -"`Folarin' Name and Title
ity M. :-
Attest: Attest:
sSi".Q__- thVgt- --, .3LXM-sL '‘ & ) cf A0.*-" C,
City Clerk Name and Title
- 3 -
rum.
May 21, 2009
TO Mayor and Members of the City Council
FROM: Olufemi Folarin, City Manager
Randy Reopelle, Parks and Recreation Director
SUBJECT: Highlands Golf Course Phase 2 Engineering Amendment No. 1
PURPOSE
The purpose of this memorandum is to provide the Mayor and members of the City Council with
information to consider amending the contract with Bonestroo, Inc. for engineering services as it
relates to the Highlands Phase 2 golf course construction.
RECOMMENDATION
It is recommended that the City Council approve Amendment No. 1 with Bonestroo, Inc. for
engineering services as it relates to the Highlands Phase 2 golf course construction in the amount
of$17,796.
BACKGROUND
On March 21, 2007, the City entered into an agreement with Bonestroo, Inc. in the amount of
$266,711. The scope of work involved general site civil engineering, top soil evaluation, soil
acquisition, wetland investigation and hydrology studies. The work was conducted on the
Highlands of Elgin Phase 2 golf course property located in the Elgin Sports Complex.
Construction observation services for punch list items and comfort station utilities were not part
of the original scope of work. In an effort to reduce damage to nearly finished golf holes and
expedite utility installation, it was recommended by the City's golf course consultant, Randy W.
Trull, to make the underground utility connections to the comfort station before any preparation
of turf grass. Staff directed Bonestroo, Inc. to perform design and bidding services for top soil
acquisition and comfort station.
During the design phase of value engineering, it was expected that the above services could be
performed within the contract amount. The weather, however, did not cooperate and over
$250,000 in damages occurred to the newly developed golf course in August of 2008 as a result
of the eight inch rain event. In order to ensure the extent of damage from this type of event
would not reoccur, additional re-engineering of a number of erosion prone areas and water ways
Highlands Golf Course Phase 2 Engineering Amendment No. 1
May 21, 2009
Page 2
took place. Those engineering redesign hours caused the depletion of any contingency from
value engineering.
The additional amended work tasks are identified in Attachment A and will cover costs to
complete the engineering of The Highlands golf course and site utilities.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None
FINANCIAL IMPACT
The cost for the first amendment to the Bonestroo, Inc. contract is $17,796. There are sufficient
funds budgeted ($6,315,077) and available ($241,964) in the Riverboat Fund, account number
275-0000-795.92-36, Highlands Phase 2, project number 509637, to fund the amendment.
LEGAL IMPACT
None
ALTERNATIVES
1. The City Council may choose to approve the amendment with Bonestroo, Inc. in the
amount of$17,796.
2. The City Council may choose not to approve the amendment with Bonestroo, Inc. in the
amount of$17,796.
Respectfully submitted for Council consideration.
ml
Attachments
•
u* Memorandum
• City of Elgin
Alf IT[DFEb'"
Date: June 19, 2009
To: Michael Lehman, Golf Services Manager
From: Jennifer Quinton, Deputy City Clerk
Subject: Resolution No. 09-140, Adopted at the June 10, 2009, Council Meeting
Enclosed you will find the agreement listed below. Please retain a copy for your records. If you
have any questions please feel free to contact our office 847-931-5660 and we will do our best to
assist you. Thank you.
• First Amendment Agreement with Bonestroo, Devery & Associates, Inc. Regarding
Construction of the Highlands Phase 2 Golf Course