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Home My WebLink About98-204 Resolution No. 98-204 RESOLUTION AUTHORIZING EXECUTION OF AN ENGINEERING SERVICES AGREEMENT AMENDMENT NO. 3 WITH BAXTER & WOODMAN, INC. (Tyler Creek Interceptor Sewer Phase V) 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 an Engineering Services Agreement Amendment No. 3 on behalf of the City of Elgin with Baxter & Woodman, Inc. for the Tyler Creek Interceptor Sewer Phase V Project, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly Kevin Kelly, Mayor Presented: August 26, 1998 Adopted: August 26 , 1998 Omnibus Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum' Dolonna Mecum, City Clerk CITY OF ELGIN, ILLINOIS TYLER CREEK INTERCEPTOR SEWER PHASE V ENGINEERING SERVICES AGREEMENT AMENDMENT NO. 3 THIS AGREEMENT AMENDMENT NO. 3 entered into this3 I day of U G , 1998,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 27 March, 1997 and amended 2 September, 1997, and 20 March, 1998, 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 Tyler Creek Interceptor Sewer - Phase V (hereinafter referred to as "PROJECT"). WHEREAS, the payment to the ENGINEER for construction engineering related services was not included in the Agreement, AND WHEREAS, the CITY desires to include the payments to the ENGINEER under Paragraph IV. E. of the Agreement in connection with the construction administration, construction observation and quality control of the construction phase of the PROJECT. IN RESPONSE to these additional services, certain revisions must be made to the Agreement. In compliance, therefore, 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 E and add Paragraphs F, G, and H. E. The ENGINEERS' fee for the construction related services shall be a reimbursement 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 to serve and profit. The costs, expenses and profit for such services are estimated not-to-exceed$180,000,ENGINEERS' Project No. 980193. BAXTER Mr% 4111 WOODMAN s t profit for such services are estimated not-to-exceed $180,000, ENGINEERS' Project No. 980193. F. The compensation for engineering services set forth in Paragraph E above does not include any overtime hours for Resident Project Representatives. In the event the Contractor works more than eight (8) hours on any weekday, or works any time on Saturdays, Sundays or holidays, during which time Resident Project Representatives are required to be present, the CITY shall pay the ENGINEERS extra compensation at the ENGINEERS' hourly rates on a time-and-a-half basis for all time of more than eight (8) hours on any weekday and all time on Saturdays, and on a double time basis for all time on Sundays and holidays. Note: The Supplementary Conditions of the construction contract documents state that the CITY can deduct overtime engineering costs from payments to the construction contractor. G. The compensation set forth in Paragraph E above does not include any engineering services after the original construction contract completion date for the PROJECT. In the event the CITY approves and authorizes an extension of time for the Contractor to complete the construction work, the compensation for engineering services set forth in Paragraph E shall be increased for the additional services required of the ENGINEERS. In the event the Contractor does not complete the construction work within the contract completion time including any extensions thereof granted by the CITY, the CITY shall pay the ENGINEERS extra compensation at the ENGINEERS' hourly rates until the PROJECT construction work has been accepted by the CITY. H. The compensation set forth in Paragraph E does not include any engineering services regarding warranty work by the Contractor after the PROJECT, or parts thereof, has been accepted for operational use by the CITY. In the event that warranty work is required of the Contractor, the CITY shall pay the ENGINEERS extra compensation at the ENGINEERS' hourly rates to assist the CITY in enforcing the Contractor's guaranty to repair or replace defective work within the warranty time stated in the Construction Contract Documents for the PROJECT. All other provisions of the AGREEMENT shall remain in full force and effect. iirBAXTER 4111 WOODMAN Consulting Engineers t 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 (.:4c...- I . / City Clerk ity Manager (SEAL) For the ENGINEER: Dated this 27 _ day of , A.D., 1998. ATTEST: BAXTER & WOODMAN, INC. By l,4ZZ B �e Secre Vice President (SEAL) 980193\amendno2'drg.mk B A X T E R WOODMAN ConsultingEngineers �y OF E�C/ (::: " `' °"p"),3Agenda Item No. i- ' , f — City of Elgin K....._.; F. July 31, 1998 TO: Mayor and Members of the City Council FROM: Joyce A. Parker, City Manager SUBJECT: Amendment No. 3 to an Agreement with Baxter & Woodman for the Tyler Creek Interceptor Sewer Phase V (TCIS-V) Project PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider Amendment No. 3 to an agreement with Baxter & Woodman for construction-related engineering and inspection services for the TCIS-V Project . BACKGROUND The original agreement with Baxter & Woodman for the prepara- tion of plans, specifications and bidding assistance for the TCIS-V project was authorized by the City Council at its March 12, 1997 meeting. Amendments No. 1 and No. 2 were authorized at the August 13 , 1997 and February 25, 1998 meetings, respectively. Amendment No. 3 will add construction services to the agree- ment with Baxter & Woodman for the subject project . A copy of Amendment No. 3 is attached as Exhibit A. The award of the contract for construction of the TCIS-V Project is included on the regular agenda. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None . FINANCIAL IMPACT Amendment No. 3 totals $180, 000 and covers construction-relat- ed fees for the TCIS-V project . Moneys for this facet of the project are budgeted in account number 397-420-795 . 92-41, project number 339558 (Sewer portion of the 1997 Bond Sale) . Baxter & Woodman' s contract will now total $340, 000 . r Amendment No. 3-B & W/TCIS-V July 31, 1998 Page 2 A summary of the original contract and amendments are stated below: Original Amount of Agreement $ 164, 000 Amendment No. 1 (Design Scope Addition) 16, 000 Amendment No. 2 (Design Scope Reduction Route Change - (20 , 000) Proposed Amendment No. 3 (Const . Design) 180, 000 Total $ 340, 000 LEGAL IMPACT None . ALTERNATIVES None . RECOMMENDATION It is recommended that City Council approve Amendment No. 3 in the amount of $180, 000 with Baxter & Woodman and authorize staff to execute the necessary documents . Respectfully submi d, Jo e A. Parker City Manager SP/do Attachments