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HomeMy WebLinkAbout97-26 Resolution No. 97-26 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT NO. 2 TO AN AGREEMENT WITH BAXTER & WOODMAN, INC. FOR THE NORTHWEST INTERCEPTOR SEWER BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Robert 0. Malm, Interim City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute Amendment No. 2 to an Agreement on behalf of the City of Elgin with Baxter & Woodman, Inc. for engineering and inspection services for the Northwest Interceptor Sewer Phase I , a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly Kevin Kelly, Mayor Presented: January 22, 1997 Adopted: January 22 , 1997 Omnibus Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk CITY OF ELGIN, ILLINOIS NORTHWEST INTERCEPTOR SEWER PHASE I ENGINEERING SERVICES AGREEMENT AMENDMENT NO. 2 This Amendment No. 2 entered into this - day of , 1996, by and between the City of Elgin, an Illinois municipal corporation (hereinafter referred to as the "CITY") and Baxter & Woodman, Inc., Consulting Engineers, an Illinois Business Corporation, (hereinafter referred to as "ENGINEER"), shall modify that Agreement dated October 18, 1993, and amended July 13, 1995, whereby the ENGINEER was engaged by CITY to perform certain professional services in connection with the preparation of plans, specifications, estimates of cost, and construction related engineering services for the Northwest Interceptor Sewer Phase I (hereinafter referred to as "PROJECT"). Whereas the maximum payment to the ENGINEER for construction engineering related services was based on the substantial and final completion dates in the CITY'S contract with the construction contractor and, Whereas the construction contractor will not complete the construction work on or before the substantial or final completion dates,-and, Whereas the failure of the construction contractor to complete the construction work on or before the substantial and final completion dates is beyond the control of the ENGINEER, and, Whereas the CITY wants the ENGINEER to provide construction related engineering services until the contractor fully completes the construction work, Therefore, certain revisions to the terms and conditions of the Agreement are modified as specifically set out below. All other parts of the Agreement remain unchanged. SECTION IV of the AGREEMENT is hereby amended to replace paragraph C. with the following: C. The ENGINEERS' fee for the construction related services shall be a reimburse- ment for all actual direct employee compensation, overhead, and expenses plus 14 percent of the sum of the direct costs, overhead, and non-payroll expenses for readiness BAXTER 411 1 WOODMAN Consulting Engineers • to serve and profit. The costs, expenses and profit for such services is estimated not to exceed $310,000, ENGINEERS' Project No. 940371. All other provisions of the AGREEMENT shall remain in full force and effect. 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, ILLINOIS By By AI / City lerk City Manager (SEAL) For the ENGINEER: Dated this 20 day of 4, , A.D., 1996. ATTEST: BAXTER & WOODMAN, INC. Bye 1 ) By Secret ry President/CEO � (SEAL) 930471 �toR B A X T 11111 4 WOODMAN Conw16lig Eng7'Jeers y OF , 1;7 ti4 Agenda Item No. —City of Elgin January 2, 1997 TO: Mayor and Members of the City Council FROM: Robert O. Malm, Interim City Manager SUBJECT: Amendment No. 2 - Construction Engineering: Northwest Interceptor Sewer Phase I 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 Baxter and Woodman, Inc. for additional construction-related engineering and inspection service fees due to the extended project completion schedule. BACKGROUND At its meeting of April 26, 1995, City Council authorized Amendment No. 1 to an agreement with Baxter & Woodman, Inc. for construction related engineering and inspection services for the Northwest Interceptor Sewer. This Amendment No. 2 will reimburse Baxter & Woodman for additional costs for construction inspection services for additional time on the project. The time is attributable to the contractor not completing the project by the contract completion date. The fee incurred for additional services will be approximately $40,000 and is sufficient to complete the project. The fee is offset by liquidated damages of approximately $71,900 assessed against the contractor for failing to complete the project by the contract completion date. The liquidated damages have been deducted from the contractor's payments. However, the contract will not be completely closed until the second quarter of 1997 when site restoration is complete. The contractor may dispute the liquidated damages, even though, in the opinion of the City and the project engineer, the claim is justified. Pursuant to the City's contract with Michels Pipeline, Inc. , the project was to be substantially completed by July 2, rft- 1996. The final completion date for the project was September 30, 1996 . The project was substantially complete on September 30, 1996 or 90 days late. The project was completed on December 3, 1996, or 64 days after the substantial completion date. Failure to meet the substantial completion date Amendment No. 2-Construction Engineering NW Interceptor Sewer Phase I (SS06) January 2, 1997 Page 2 resulted in an assessment of $49,500 ($550/day X 90 days) and failure to meet the completion date resulted in an assessment of $22,400 ($350/day X 64 days) for a total assessment of $71,900. A copy of Amendment No. 2 is attached as Exhibit A. A copy of Amendment No. 1 and City Council action is attached as Exhibit B. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. FINANCIAL IMPACT The amount of Amendment No. 1 for construction engineering and inspection services was in the not-to-exceed amount of $270,000 and approved by the City Council on April 26, 1996 . Amendment No. 2 will provide an additional amount of $40,000 and revise the not-to-exceed figure to $310,000. There will be no increase to the project costs, budgeted in Account No. 395-4200-795.92-32, Project No. 339506 ( 1995 Bond Fund - Northwest Interceptor Sewer Phase 1) , because the proposed amended increase is less than the accrued liquidated damages. LEGAL IMPACT None. ALTERNATIVES None. RECOMMENDATION It is recommended that City Council authorize the City Manager to execute Amendment No. 2 to the agreement with Baxter and Woodman, Inc. in the not-to-exceed amount of $310,000. Respectflly submitted, David L. Lawry, P.E. Direc or of Public for s .r1/ , / Ro. -rt • . Malm Interim City Manager SP/do Attachments