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Home My WebLink About00-3 Resolution No. 00-3 RESOLUTION AUTHORIZING EXECUTION OF ENGINEERING SERVICES AGREEMENT AMENDMENT NO. 5 WITH BAXTER & WOODMAN, INC. FOR THE TYLER CREEK INTERCEPTOR SEWER PHASE V AND PHASE VI 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 . 5 on behalf of the City of Elgin with Baxter & Woodman, Inc . for the Tyler Creek Interceptor Sewer Phase V and Phase VI , a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: January 12 , 2000 Adopted: January 12 , 2000 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. 5 THIS AGREEMENT AMENDMENT NO. 5 entered into this_day of , 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, and 16 August, 1999, 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 payment to the ENGINEER for construction related services for the Tyler Creek Interceptor— Phase VI and the lateral sanitary sewer to serve a portion of the area north of Big Timber Road, commonly known as the Chicago White Metal properties was not included in the Agreement, AND WHEREAS, the CITY desires to include the payments to the ENGINEER to provide construction administration, construction observation and quality control of the construction phase for said interceptor sewer and 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 IV of the AGREEMENT is hereby amended to replace Paragraph B and C with the following: 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 BAXTER — 1 - Pr. WOODMAN rnulrrn�l., ,. 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- two thousand ($52,000) dollars without a modification to this Agreement by a change order or amendment, ENGINEERS' Project No. 990040.01. BAXTER - 2 - IW% WOODMAN ( .riwl'r rr�l rr�mrr 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. The ENGINEERS' fee for the construction related services for the Tyler Creek Interceptor Sewer — Phase VI and the lateral sewer to serve the Chicago White Metal properties 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 $140,000, ENGINEERS' Project No. 991051. 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. �B A X T E R - 3 - . WOODMAN roan/6,/ rrr 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 Contractor's guaranty to repair or replace defective work within the warranty time stated in the Construction Contract Documents. C. Summary of fees: I. Tyler Creek Interceptor Sewer—Phase V Design and Bidding Services Engineering Fees $ 90,000 Subconsultants 70,000 Subtotal $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 $140,000 Total $252,000 BAXTER - 4 - Wi_ WOODMAN 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 By5-irt4zt--,-1( <` Gl/�� By .�L..40 &� s City Clerk Ci 1 Manager (SEAL) For the ENGINEER: Dated this 2nd day of December, A.D., 1999. ATTEST: BAXTER & WOODMAN, INC. --B — By��Cdr t� �� ` By 4 =- �z�-> Deputy Secr ary President/CEO (SEAL) 12/2)99 DRG cf H PROJELGNC 991051 AMENDMENT NO 5 doc BAXTER WOOD M A N 1 OF E,C _ \ Agenda Item No. City of Elgin n °R4TCD( 5_. December 15, 1999 TO: Mayor and Members of the City Council FROM: Joyce A. Parker, City Manager SUBJECT: Amendment No. 5 to an Agreement with Baxter & Woodman for the Tyler Creek Interceptor Sewer - Phase V/ Phase VI (TCIS-V/VI) PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider Amendment No. 5 to an agreement with Baxter & Woodman for construction-related engineering inspection services for the TCIS VI Project . BACKGROUND At 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, Amendment No. 3 for construction engineering services for TCIS- V and Amendment No. 4 for design services for the Chicago White Metal (CWM) lateral sanitary sewer were added at subsequent meetings. Amendment No. 5 will add construction engineering services to the agreement with Baxter & Woodman for the TCIS-VI project and the Chicago White Metal lateral sanitary sewer. The cost for inspection services for the lateral sanitary sewer will be paid by Chicago White Metal. These funds will be deposited directly to the City. A copy of Amendment No. 5 is attached as Exhibit A. The award of the contract for construction of the TCIS-VI project is included on the regular agenda. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. rk. Amendment Number 5 with Baxter & Woodman December 15, 1999 Page 2 FINANCIAL IMPACT Amendment No. 5 totals $140, 000 and covers construction-related fees for the TCIS-VI project and the Chicago White Metal lateral sanitary sewer. The Chicago White Metal portion for the lateral sanitary sewer is $20, 000 and these funds will be deposited by Chicago White Metal in account number 399-0000-605 . 52-00 prior to City Council approval . Monies for this facet of the TCIS-VI sewer are budgeted in account number 399-4200-795 . 92-41, project number 339584 (sewer portion of the 1999 Bond Sale) . The City portion for construction inspection services will total $120, 000 . A summary of the original contract and amendment with Baxter & Woodman are stated below: . Original Agreement (TCIS-V Design) $164 , 000 . Amendment No. 1 (Design Scope Addition 16, 000 TCIS-V) . Amendment No. 2 (Design Scope Reduction - (20 , 000) TCIS-V) . Amendment No. 2 (TCIS-VI Design) 98, 000 . Amendment No. 3 (TCIS-V Construction 180, 000 Services) . Amendment No. 4 (Chicago White Metal 14 , 000 Sewer Design) . Proposed Amendment No. 5 (TCIS-VI/Chicago 140, 000 White Metal Constr. Services) TOTAL $592 , 000 LEGAL IMPACT Yf Jul None. ALTERNATIVES None . RECOMMENDATION It is recommended that City Council approve Amendment No. 5 in the amount of $140, 000 with Baxter & Woodman and authorize staff to execute the necessary documents . - pectfully submi ed, rik a , J• 'ce ' . Parker City Manager SP:do Attachments