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HomeMy WebLinkAbout99-217 Resolution No. 99-217 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT NO. 4 TO AN ENGINEERING SERVICES AGREEMENT WITH BAXTER & WOODMAN, INC. FOR THE TYLER CREEK INTERCEPTOR SEWER PHASE V PROJECT 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 Amendment No. 4 to an Engineering Services Agreement 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/ Ed Schock Ed Schock, Mayor Presented: August 11, 1999 Adopted: August 11, 1999 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. 4 THIS AGREEMENT AMENDMENT NO. 4 entered into this,4 day of /v� 1999, 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, 20 March, and 31 August, 1998, whereby the ENGINEER was engaged by the 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 services did not include design of a lateral sanitary sewer to serve a portion of the area north of Big Timber Road, commonly known as the Chicago White Metal properties, AND WHEREAS, the CITY desires the ENGINEER to provide preliminary and final design services for said lateral sewer. 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 1 of the AGREEMENT is hereby amended to replace Paragraph C with the following: 1.C.1. Preparation of the Final Design Documents for the Tyler Creek Interceptor Sewer - Phase V. The interceptor sewer extends approximately 4,500 feet from the existing receiving manhole near Randall Road to approximately 20 (twenty) feet west of the property boundary between the Industrial Developments International (IDI) and Schick properties. The interceptor sewer route is shown in the ENGINEERS' exhibit dated December 3, 1997. — 1 — BAXTER 4 WOODMAN Consulting Engineers 1.C.2. Performance of bidding and preconstruction award services for the Tyler Creek Interceptor Sewer- Phase V, consisting of the following: a. Bid Document Printing b. Bid Document Distribution c. Pre-Bid Meetings d. Bid Evaluations e. Recommendation for Award 1.C.3. Preparation of the Final Design Documents for the Tyler Creek Interceptor Sewer—Phase VI, and the lateral sewer to serve the Chicago White Metal property. The interceptor sewer will start at the upstream manhole of Phase V, extend northerly, and end at Big Timber Road, a total distance of approximately 5,000 feet. The lateral sewer will start at the upstream manhole of Phase VI, extend easterly and end at the Chicago White Metal proposed entrance road, a total distance of approximately 1,500 feet. Design services will include an investigation of the sewer service area located north of Big Timber Road to verify that the Tyler Creek Interceptor Sewer can provide gravity sewer service to that area. Consultants will be hired to investigate soil conditions, wetland issues, and underground (subsurface) conflicts such as the high pressure gas main. A registered land surveyor will be hired to locate property boundaries and prepare plats of easements for the sewer route. 1.C.4 Performance of bidding and preconstruction award services for the Tyler Creek Interceptor Sewer-Phase VI and the lateral sewer to serve the Chicago White Metal property, consisting of the following: a. Bid Document Printing b. Bid Document Distribution c. Pre-Bid Meetings d. Bid Evaluations e. Recommendations for Award. SECTION IV of the AGREEMENT is hereby amended to replace Paragraph A and B with the following, add Paragraph C, and delete Paragraphs E, F, G, and H: A. The CITY shall reimburse the ENGINEER for professional services,provided for the Interceptor Sewer - Phase V as described in Paragraphs I.C.1., and A X T E R - 2 - iirB I 4111 WOODMAN Consulting Engineers I.C.2., based on the ENGINEERS' hourly rates of compensation for work time performed plus expenses. _ 1. The ENGINEERS' fee including travel and out-of-pocket expenses s 11 not exceed $90,000, regardless of actual costs incurred by the ENGINEER unless substantial modifications to the PROJECT are authorized in writing by the CITY, ENGINEERS' Project No. 970068. 2. The CITY shall make periodic payments to the ENGINEER based upon actual progress within thirty(30)days after receipt and approval of invoice. The total value of said periodic payments to the ENGINEER shall not exceed the amounts shown in the following schedule, and the final payments for each task shall not be made until the task is completed and accepted by the DIRECTOR. Preliminary and Final Design Documents $ 85,000 Assistance During Bidding 5,000 Total $ 90,000 3. The ENGINEER shall make necessary arrangements and employ qualified subconsultants, subject to approval of the DIRECTOR, for the following work: a. Geotechnical and soils investigations b. Wetlands delineation and consultation c. Trenchless sewer pipe installation methodology The CITY shall reimburse the ENGINEER for the direct cost of the above professional subconsultant services, an amount not to exceed seventy thousand ($70,000) Dollars without a modification to this Agreement by a change order or amendment, ENGINEERS' Project No. 970068.01. 4. The total payments by the CITY under this Agreement for services described in paragraphs IV.A.1 and IV.A.3 shall not exceed One Hundred Sixty Thousand Dollars($160,000) unless this Agreement is modified by a change order or amendment. `B A X T E R - 3 - 416- 4 WOODMAN Consulting Engineers 5. The ENGINEERS' fee for the construction related services for the Tyler Creek Interceptor Sewer—Phase V shall be a reimbursement for all actual direct employee compensation, overhead, and expenses r us 4 perce:;t of the sum of the direct costs, overhead, and non- :"ayroll 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. 6. The compensation for engineering services set forth in Paragraph 5 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. 7. The compensation set forth in Paragraph 5 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. 8. The compensation set forth in Paragraph 5 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 BAXTER -4 - _• WOODMAN Consulting Imp i?Vert Contractor's guaranty to repair or replace defective work within the warranty time stated in the Construction Contract Documents for the PROJECT. B. The CITY shall reimburse the ENGINEER for professional services,provided for the Interceptor Sewer—Phase VI as described in Paragraphs I.C.3 and I.C.4, based on the ENGINEERS' hourly rates of compensation for work time performed plus expenses. 1. The ENGINEERS' fee including travel and out-of-pocket expenses shall not exceed $60,000, regardless of actual costs incurred by the ENGINEER unless substantial modifications to the PROJECT are authorized in writing by the CITY, ENGINEERS' Project No. 980040. 2. The CITY shall make periodic payments to the ENGINEER based upon actual progress within thirty(30)days after receipt and approval of invoice. The total value of said periodic payments to the ENGINEER shall not exceed the amounts shown in the following schedule, and the final payments for each task shall not be made until the task is completed and accepted by the DIRECTOR. Preliminary and Final Design Documents $55,000 Assistance During Bidding 5,000 Total $60,000 3. The ENGINEER shall make necessary arrangements and employ qualified subconsultants, subject to approval of the DIRECTOR, for the following work: a. Geotechnical and soils investigations b. Wetlands delineation and consultation c. Registered Land Surveyor d. Subsurface Investigator The CITY shall reimburse the ENGINEER for the direct cost of the professional subconsultant services, an amount not-to-exceed fifty- iorB A X T E R - 5 - _• WOODMAN Consulting Engineers two thousand ($52,000) dollars without a modification to this Agreement by a change order or amendment, ENGINEERS' Project No. 990040.01. 4. The total payments by the CITY under this Agreement for services described in Paragraphs IV.B.1 and IV.B.3 shall not exceed one hundred twelve thousand dollars ($112,000) unless this Agreement is modified by a change order or amendment. 5. For those services identified under the Scope of Services as Field Construction Phase Services(Section I.D.),the fee shall be negotiated between the ENGINEER and the CITY,and this Agreement modified by a change order or amendment, at such time prior to the commencement of the work after a funding appropriation for the project construction has been enacted by the CITY. C. Summary of fees: 1. Tyler Creek Interceptor Sewer—Phase V Design and Bidding Services Engineering Fees $ 90,000 Subconsultants 70.000 Subotal $160,000 Construction Services $180,000 Total $340,000 2. Tyler Creek Interceptor Sewer—Phase VI Design and Bidding Services _ Engineering Fees $ 60,000 Subconsultants 52,000 Subtotal $112,000 Construction Services To be determined Total $112,000 B A X T E R _• WOODMAN Consult ng Enp neers • All other provisions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the undersigned have placed their hands and seals upon and executed this Agreement in triplicate as though each copy hereof was an original and that there are no other oral agreements that have not been reduced to writing in this statement. For the CITY: ATTEST: THE CITY OF ELGIN, ILLINOIS By � By `L,,,�/. / . / City Clerk Manager (SEAL) For the ENGINEER: Dated this 22nd day of July, A.D., 1999. ATTEST: BAXTER&WOODMAN, INC. By ��cc� .4Z1-4 Deputy Secietary President/CEO (SEAL) H:\PROJ\ELGNC\980040\AMENDMENT NO.4 REVISION.doc DRG:mk 07/22/99 / B A X T E R _ 4 WOODMAN Consulting Engineers ' �.�OF FSC' N� g City of Elgin Agenda Item No. - j'iei TLpo$ • July 16, 1999 TO: Mayor and Members of the City Council FROM: Joyce A. Parker, City Manager SUBJECT: Amendment No. 4 to an Agreement with Baxter & Woodman for the Tyler Creek Interceptor Sewer-Phase V/Phase VI (TCIS-V/VI) PURPOSE The purpose of the memorandum is to provide the Mayor and members • of the City Council with information to consider Amendment No. 4 to an agreement with Baxter & Woodman to add design services in connection with the preparation of plans, specifications, estimates of cost, and bidding for a lateral sanitary sewer to serve the Chicago White Metal (CWM) property as part of the TCIS-VI project. BACKGROUND As its meeting on March 5, 1997, the City Council authorized an agreement with Baxter & Woodman for the preparation of plans, specifications, estimates of cost and bidding engineering services for the TCIS-V project. Amendment No. 1 for additional design services for TCIS-V, Amendment No. 2 for design services for TCIS- VI and Amendment No. 3 for construction engineering services for TCIS-V were added at subsequent meetings. In order for CWM to connect into the TCIS-VI a lateral sanitary sewer needs to be constructed east along Big Timber Rd. This lateral sewer will serve both the CWM property and several other properties in the Big Timber Rd. /Tyrell Rd. corridor. CWM has requested that the City design and construct this lateral sewer main. CWM will deposit funds with the City prior to design and construction of the sewer. They will be responsible for the entire costs associated with this design and construction. A Sanitary Sewer Lateral Construction and Reimbursement Agreement with CWM is being presented to Council under separate cover. Amendment No. 4 is attached as Exhibit A. . . Amendment #4 with Baxter & Woodman/TCIS-V/VI [ July 16, 1999 Page 2 COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. (/' /FINANCIAL IMPACT Amendment No. 4 will add $14, 000 to the agreement with Baxter & Woodman. CWM will be required to deposit this full amount into the appropriate fund prior to the start of design work. This Amendment No. 4 will increase the total not-to-exceed amount of the contract from $438, 000 to $452, 000 . Account Number 399-4200-795 . 92-41, Project Number 339606 will be used to account for this project. Baxter & Woodman' s contract can be summarized as follows: .Original Agreement TCIS-V $144, 000 .Amendment No. 1 Route Modification 16, 000 .Amendment No. 2 TCIS-VI 98, 000 .Amendment No. 3 TCIS-V Construction 180, 000 .Amendment No. 4 CWM Lateral 14, 000 Total $452, 000 rk LEGAL IMPACT tlV' None. ALTERNATIVES None. RECOMMENDATION It is recommended that the City Council authorize the City Manager to execute Amendment No. 4 to the agreement with Baxter & Woodman in the not-to-exceed amount of $14, 000 and adjust the total value of the amended agreement to $452, 000 . A.I -ctfully submitt d, )(1 , a.,,..L___ Jo'ce A. Parker City Manager rk SP: do Attachment