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Home My WebLink About01-173 Resolution No. 01-173 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT NO. 1 TO AN ENGINEERING SERVICES AGREEMENT WITH BAXTER & WOODMAN, INC. FOR THE BOWES ROAD INTERCEPTOR SEWER - PHASE 1B 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. 1 to an Engineering Services Agreement on behalf of the City of Elgin with Baxter & Woodman, Inc . for the Bowes Road Interceptor Sewer - Phase 1B, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: June 27, 2001 Adopted: June 27, 2001 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk CITY OF ELGIN, ILLINOIS BOWES ROAD INTERCEPTOR SEWER—PHASE 1B ENGINEERING SERVICES AGREEMENT AMENDMENT NO. 1 THIS AGREEMENT, made and entered into this 2 1 day of J ohv ', 2001, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY"), and Baxter&Woodman, Inc., an Illinois Business Corporation (hereinafter referred to as "ENGINEER"), shall modify that Agreement dated April 19, 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 Bowes Road Interceptor Sewer—Phase 1B (herein referred to as "PROJECT") WHEREAS,the payment of the ENGINEER for construction related services for the Bowes Road Interceptor Sewer—Phase 1B —Part A 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. In response to these additional services, certain revisions must be made to the Agreement. In compliance, thereof, 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 replaced in its entirety with the following: IV. PAYMENTS TO THE ENGINEER A. The CITY shall reimburse the ENGINEER for professional services described in Paragraphs I.C.1 and I.C.2,based on the ENGINEERS' hourly rates of compensation for work time performed plus expenses. The ENGINEERS' fee including reimbursable expenses shall not exceed $82,300, regardless of actual costs incurred by the ENGINEER unless B A X T E R WOODMAN Consulizng Engineers substantial modifications to the PROJECT are authorized in writing by the CITY. B. 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. Final Design Documents $ 72,300 Assistance During Bidding (2000) 5,000 Assistance During Bidding (2001) 5,000 Total $ 82,300 C. The ENGINEER shall make necessary arrangements and employ qualified subconsultants, subject to approval of the DIRECTOR, for the following work: 1. Geotechnical and soils investigations 2. Wetlands delineation and consultation 3. Trenchless sewer pipe installation methodology 4. Registered Land Surveyor 5. Subsurface Investigator The CITY shall reimburse the ENGINEER for the direct cost of the above professional subconsultant services, an amount not-to-exceed Eighty Eight Thousand Dollars ($88,000) without a modification to this agreement by a change order or amendment. D. The total payments by the CITY under this agreement under paragraphs IV.A and IV.0 shall not exceed One Hundred Seventy Thousand Three Hundred Dollars ($170,300)unless this agreement is modified by a change order or amendment. E. The ENGINEERS'fee for the construction related services for the Bowes Road Interceptor Sewer—Phase 1B —Part A shall be a reimbursement for all actual direct employee compensation, overhead, and expenses plus 14 - 2 - B A X T E R WOODMAN ConsultingEngtneers 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$112,000,ENGINEERS'Project No. 010389. 1. 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. 2. 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. 3. 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. All other provisions of the Agreement shall remain in full force and effect. A X T E R - 3 - iirp � 16- WOODMAN Consulting Engineers 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 City Clerk ity Manager (SEAL) For the ENGINEER: Dated this day of , A.D., 2001. ATTEST: BAXTER & WOODMAN, INC. By if By Deputy Secretary President/CEO (SEAL) 05/04/01 LDH:cm \\BAXTER\SEC\PROJ\ELGNC\010389\ENGRSER VAmendl.doc _ 4 _ B A X T E R WOODMAN ConsulingEngineers 0. 41. 0 G ; ' Agenda Item No. i � City of Elgin .t ;ci , June 8, 2001 L oil , 11 G L`nfl ��111 r!! 0 01 N li O,1 TO: Mayor and Members of the City Council FINANCIALLY STAEtLE CITYGOVERNMENT EFFICIENT SERVICES, AND QUALIT Y INFRASTRUCTURE FROM: Joyce A. Parker, City Manager SUBJECT: Amendment No. 1 to an Agreement with Baxter & Woodman for the Bowes Road Interceptor Sewer-Phase 1B- Part A (BRIS-IB-A) PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider Amendment No. 1 to an agreement with Baxter & Woodman (B&W) for construction-related engineering inspection services for the BRIS-IB-A Project . eft. BACKGROUND At its meeting on March 24 , 1999, the City Council authorized an agreement with B&W for the preparation of plans, specifications, estimates of cost and bidding engineering services for the BRIS-1B project . Amendment No. 1 will add construction engineering services to the agreement with B&W for Part A of the BRIS-1B project . An additional amendment to B&W' s contract for construction engineering will be required when a contract is awarded for construction of Part B of the interceptor sewer. Part A will extend the sewer from Sundown Drive east of South McLean Boulevard To the east end of Bowes Road in the Fox Bluff Corporate Center. Part B will extend the sewer an additional 5000 L.F. east to the FRWRD treatment plant east of IL Route 31 . A project location map is attached as Exhibit A. A copy of Amendment No. 1 is attached as Exhibit B. The contract for construction of the BRIS-1B-A was awarded at the May 23, 2001 Council Meeting. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. r ""' Amendment No. 1 to an agreement with Baxter & Woodman June 8 , 2001 Page 2 FINANCIAL IMPACT Amendment No. 1 totals $112 , 000 and covers construction-related fees for the BRIS-1B-A project . Funds were budgeted in the amount of $300 , 000 within the Sewer Development Fund, account number 440- 0000-772 . 92-41, project number 339593 , for design engineering services . The original agreement with B&W totals $170, 300 . Sufficient funds are available in the above account number for this Amendment No. 1 . The total not-to-exceed contract with B&W will now be $282 , 000 . EGAL IMPACT /41/ None. ALTERNATIVES None . eft RECOMMENDATION It is recommended that City Council approve Amendment No. 1 in the amount of $112 , 000 with Baxter & Woodman and authorize staff to execute the necessary documents . Respectfully submitted / ) t'r -I & - /1-ZZL /-‘--- J‘o ce A. Parker City Manager SP/11 IT SIB �X �. 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