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Home My WebLink About03-241 Resolution No. 03-241 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT NO. 8 TO AN AGREEMENT WITH BLACK AND VEATCH CORPORATION FOR THE AIRLITE WATER TREATMENT PLANT IMPROVEMENTS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David M. Dorgan, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute Amendment No. 8 to an agreement on behalf of the City of Elgin with Black and Veatch Corporation for engineering services for the Airlite Water Treatment Plant Improvements - Section II, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schack, Mayor Presented: September 10, 2003 Adopted: September 10, 2003 Omnibus Vote : Yeas : 6 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk AMENDMENT NO. 8 TO AGREEMENT FOR ENGINEERING SERVICES This contr t amendment is hereby made and entered into this 1.174 day of . .: , 2003, by and between the City of Elgin, Illinois, a municipal core ation (hereinafter referred to as "CITY"), and Black and Veatch Corporation (hereinafter referred to as "ENGINEER"). WHEREAS, the parties hereto have previously entered into an agreement, dated August 1, 1995 (hereinafter referred to as "AGREEMENT"), a copy of which is attached hereto and made a part hereof as Attachment "A" by which CITY has engaged ENGINEER to perform certain engineering services related to the evaluation and design of upgrades and expansion of City's water treatment facilities; and WHEREAS, the parties hereto have previously entered into agreements to amend and modify AGREEMENT, dated May 10, 1996; October 29, 1996; January 23, 1997; June 8, 1998; April 19, 1999; August 25, 2000; and October 29, 2001, copies of which are attached hereto and made a part hereof as Attachment "B"; and WHEREAS, the parties hereto have each determined it to be in their best interests to further amend and modify AGREEMENT pursuant to the terms and provisions of this contract modification agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged, the parties hereto hereby agree to amend AGREEMENT, as previously amended, as follows: SECTION I - SCOPE OF SERVICES In accordance with Paragraph I-D of the AGREEMENT, the following Services are hereby authorized. The scope of services under previous Amendment to the original Agreement dated August 25, 2000 shall be amended to include the following additional services. The additional services provided under this Amendment are primarily a result of more than 10 months extension in completion of the construction of the Airlite WTP Improvements, plus additional engineering services requested for evaluation of flooring replacement under the construction project. The additional Construction Phase Services and part-time Resident Engineering Services resulting from the extension in the construction schedule of the WTP improvements generally include the following: • Additional project administration of the construction contract including responses to requests for clarifications and/or interpretations of the contract drawings. Elgin,IL Amend No.8 Elgin Amend No 8 Rev3 PN 31264 07/16/03 1 • Review of multiple revisions of the Contractor's construction schedule as a result of the extended construction schedule. • Review of additional Contractor's shop drawing submittals beyond the first resubmittal. • Attend additional construction progress meetings as a result of the extended construction schedule. • Additional periodic visits to the construction site to observe progress of the work and coordinate work with CITY staff and Contractors. • Additional part-time resident site visits to review corrective work and monitor progress with the work. The additional engineering evaluation services requested as a result of unforeseen sub-floor deterioration of the existing floor systems at the Airlite WTP includes the following: • Evaluation of flooring replacement requirements and options for deteriorated floor systems in the filter and administrative areas of the Airlite WTP. The circumstances which necessitate this amendment to the AGREEMENT as provided herein were not reasonably foreseeable at the time the contract was signed and this amendment is in the best interest of the CITY and authorized by law. SECTION IV - PAYMENTS TO THE ENGINEER In accordance with Paragraph IV-C of the AGREEMENT, the CITY agrees to reimburse the ENGINEER on the basis of 2.85 times the direct salary cost of personnel employed for work associated with construction phase services, and part-time resident services authorized by this Amendment, plus direct expenses at cost, plus subcontract billings times 1.05. The maximum amount to be invoiced for construction phase and resident services under this Amendment shall be increased Fifty-Three Thousand Five Hundred Dollars ($53,500.00) The CITY will not be obligated to reimburse the ENGINEER for costs incurred in providing construction phase services and part-time resident services in excess of the billing limit specified above, nor shall the ENGINEER be obligated to continue performance under the AGREEMENT or otherwise incur costs in excess of that amount, unless and until the CITY notifies the ENGINEER in writing that the billing limits have been increased, and has specified in such notice revised billing limits for the services in question. When and to the extent that the billing limits have been increased, any costs incurred by the ENGINEER in excess of the billing limits prior to their increase shall be allowable to the same extent as if such costs had been incurred after the increase in the billing limits was approved. Elgin,IL Amend No.8 Elgin Amend No 8 Rev3 PN 31264 07/16/03 2 In accordance with Paragraph IV-D of the AGREEMENT, the basis for the extended engineering services covered by this Amendment is attached hereto as Attachment C. IN WITNESS WHEREOF, the undersigned have placed their hands and seals upon and executed this AMENDMENT 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 By n►4:�...� �_ BY Dolonna Mecum City Clerk (SEAL) For the ENGINEER: Dated this /8 day of �c1 , A.D., 2003. ATTEST: BLACK & -AT By ► David B. Hunt Senior Vice President Elgin,IL Amend No.8 Elgin Amend No 8 Rev2.doc PN 31264 07/16/03 3 ATTACHMENT C Basis for Extended Engineering Services The following is the basis for the extended construction phase and resident services for the Airlite Water Treatment Plant Improvements, Contract No. 8. The requested budget adjustment of$53,500 represents the difference between contractual upper limits for construction phase and part-time resident services and the projected total cost to complete the Airlite WTP Improvements project based on additional services and effort relative the extended construction schedule through the Final Completion date of June 11, 2003. BASIS FOR EXTENDED ENGINEERING SERVICES Engineering Contractual Requested Adjusted Services Upper Limit* Budget Contract Upper Adjustment Limit CPS & RES $329,840 $53,500 $383,340 * The amount represents the contractual upper limit for construction phase services including control system configuration services and part-time resident services. Elgin,IL Amend Attach C Elgin Amend Attach C rev2 PN 31264 07/16/03 1 S/G` 12 �y Agenda Item No. tR City of Elgin _ 4441 FED,; E E 01° (f G ' ' fij August 22, 2003 �I Ii I t FINANCIALLY STABLE CITYGOVERNMENT EFFICIENT SERVICES, AND OU.UTY INFRASTRUCTURE TO: Mayor and Members of the City Council FROM: David M. Dorgan, City Manager Larry E. Deibert, Water Department Director SUBJECT: Amendment No. 8 to the Agreement for Engineering Services with Black & Veatch. PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider Amendment No. 8 to the Agreement with Black & Veatch to provide additional engineering services for the Airlite Water Treatment Plant (WTP) Improvements - Section II . BACKGROUND On July 26, 1995, the City Council authorized execution of a contract with Black & Veatch to provide engineering plans and specifications and additional engineering services for the expansion of the Riverside plant and improvements to the Airlite facility. The City has previously entered into agreements to amend the original agreement . These amendments are as follows: Amendment No. 1 included developing a water rate model as a tool in performing a financial analysis and determining required charges for water services . Amendment No. 2 included the additional engineering services related to bidding and pre-award of the Riverside Plant Expansion and Airlite Plant Improvements . Amendment No. 3 included bidding services for Airlite Improvements -Section II, River Intake and Airlite Lagoons . AMENDMENT NO. 8 TO BLACK & VEATCH AGREEMENT em- August 22, 2003 Page 2 Also included construction phase services for Riverside plant expansion, River Intake, and Airlite Sludge Storage Lagoons. Amendment No. 4 included construction services for Airlite WTP Improvements - Section I . Amendment No. 5 included additional construction phase services related to the time extension granted to the general contractor for the Riverside Plant Expansion. Amendment No. 6 included the River Intake resident engineer services, design, bidding, and construction services for Airlite WTP Improvements - Section II . Amendment No. 7 included extended construction services for River Intake project . On July 25, 2001 the Mayor and the City Council awarded a contract for Airlite WTP Improvement - Section II to Seagren rip. Construction. This contract called for substantial completion by June 3 , 2002, and a final completion date of August 2, 2002 . As a result of the contractor' s failure to complete his work in accordance with the contract (over ten months beyond the original schedule) , the engineering firm of Black & Veatch has been required to extend their construction phase services and part-time resident engineer services . Amendment No. 8 covers these services: additional project administration of the construction contract including responses to requests for clarifications and/or interpretations of the contract drawings, review of multiple revisions of the Contractor' s construction schedule as a result of the extended construction schedule, review of additional Contractor' s shop drawing submittals beyond the first resubmittal, attendance at additional construction progress meetings, additional periodic visits to the construction site to observe progress of the work and coordinate with City staff and contractor, and additional part-time resident engineer site visits to review corrective work and monitor work progress . The fee to complete the aforementioned items totals $44 , 000 . r AMENDMENT NO. 8 TO BLACK & VEATCH AGREEMENT r- August 22, 2003 Page 3 Staff also requested that additional work totaling $9, 500 be completed which was unrelated to the contractor' s failure mentioned directly above. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None v* FINANCIAL IMPACT The original budget for this project totaled $2 , 931, 700. To date, excluding the proposed amendment No. 8, expenditures and encumbrances total $2, 871, 442 for a difference of approximately $60, 250 . Amendment No. 8 is $53, 500 . This will bring the total amount for engineering fees to $521, 940 . The original construction phase fees for Black & Veatch were $468, 440 . A total of $44, 000 will be withheld from the contract with Seagren Construction as liquidated damages due to the eip- contractor' s failure to complete the work as specified in the contract (more than 10 months delay) and additional shop drawings resubmittal review as described above. The remaining $9, 500 was related to work requested by City staff and can be funded from the original project budget . 0\")1V EGAL IMPACT None ALTERNATIVES 1 . The Council may choose to authorize amendment No. 8 . 2 . The Council may choose not to authorize amendment No. 8 . r ....... AMENDMENT NO. 8 TO BLACK & VEATCH AGREEMENT August 22, 2003 Page 4 RECOMMENDATION It is recommended that the City council authorize the execution of amendment No. 8 to the engineering services with Black & Veatch for a total amount of $53, 500 . Respectfully submitted for Council consideration. LED/PLB Attachment