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HomeMy WebLinkAbout12-79 . , Resolution No. 12-79 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENt AGREEMENT NO. 1 WITH BURNS & McDONNELL ENGINEERING COMPANY, INC. FOR ARC-FLASH STUDY (Phase II) BE IT RESOLVED BY THE CITY COUNCIL OF TH CITY OF ELGIN, ILLINOIS, that Sean R. Stegall,City Manager,and Kimberly A. Dewis,City Cl rk,be and are hereby authorized and directed to execute amendment agreement no. 1 on behalf df the City of Elgin with Burns & McDonnell Engineering Company, Inc. for professional servic6s in connection with the Arc-Flash Study (Phase II), a copy of which is attached hereto and made ii part hereof by reference. s/ David J. Kapain David J. Kaptain, Mayor Presented: April 25, 2012 Adopted: April 25, 2012 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk I AMENDMENT AGREEMENT No. 1 THIS AMENDMENT AGREEMENT No. 1 is hereby made and entered into this 25th day of April, 2012, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as the "City"), and Burns & McDonnell Enginelering Company, Inc, a Missouri corporation (hereinafter referred to as "Engineer"). WHEREAS, the City and Engineer hereto have previously entered into an agreement dated August 24, 2011, wherein the City engaged the Engineer to furnish certain professional services in connection with the Arc-Flash Study (hereinafter referred to as "Original Agreement" "and the "Project", respectively)"; and WHEREAS, the parties hereby have each determined it to be in their best interests to amend Original Agreement; and WHEREAS, the City has determined that the proposed sclope of the PROJECT should be modified to include phase II of the "Project"; and WHEREAS, the amended contract price for the Original Agrement will be increased to a total amount of$95,750, which is an increase of$49,350, from the original concrete price; NOW, THEREFORE, for and in consideration of the mutual undertakings as provided herein, and other good and valuable consideration, the sufficien4 of which is hereby mutually acknowledged, the parties hereto agree as follows: 1. The above recitals are incorporated into and made a part of this agreement as if fully recited hereby. 2. Attachment A, 1. Scope of Services, of the Original Agreement is hereby amended by adding to Task 1 thereof: "Arc-Flash Assessment". Arc-Flash Assessment to include additional locations as outlined in attachment B: 3. For services identified in Attachment "B"to This Amndment Agreement No. 1, attached hereto and made a part hereof," the ENGINEER shall be paid on a lump sum basis a total fee not to exceed $49,350, regardless of the actual costs incurred by the ENGINEER unless substantial modifications to the scope of the w3rk are authorized in writing by the DIRECTOR. 5. The changes provided to the Original Agreement as provided in this Amendment Agreement No. 1 are germane to the Original Contract as signed and this Amendment Agreement No. 1 is in the best interests of the City of Elgin and is authorized by law. 6. That except as amended in this Amendment Agreement No. 1 the Original Agreement shall remain in full force and effect. 7. That in the event of any conflict between the terms of the Original Agreement, and the provisions in this Amendment Agreement No. 1, he provisions of this Amendment Agreement No. 1 shall control. IN WITNESS WHEREOF, the undersigned have entered int O and executed this Amendment Agreement as of the date and year first written above. CITY OF ELGIN CONSUi TAN By: BY: I ___ y Manager s Associ. Vice —'411.11rilvt Attest: • es ' AV- 61-(1-7 6CC-6L 0:7• i / City Clerk ItsASecretairy kss4 . . Attachment B Amendment Agreement N . 1 Arc-Flash Study LOCATION UNIT COST Bluff City Cemetery $1,500. Fire Station 1 $1,950. Fire Station 2 $1,950. Fire Station 3 $1,950. Fire Station 4 $1,950. Fire Station 5 $1,950. Fire Station 6 $11,950, Fire Station 7 $1,950. Hemmens Auditorium $3,000. Lords Park Maint. Garage Lords Park Museum Lords Park Pavilion $ ,700. Old Main Building $ ,800. Veterans Park $ ,500. Walton Island $ ,500. Police Station $ ,600. The Centre $ 2,300. Wing Park Golf Wing Park Maint. Wing Park Pool Wing Park $4,800. ./P 11) ELGIN THE CITY IN THE SUBURBS" AGENDA ITEM: I MEETING DATE: April 11, 2012 ITEM: Amendment to Contract with Burns and McDonnell for Arc Flash Study—Phase 2 ($49,350) OBJECTIVE: Continue the process of an arc flash study to meet the reqUirements of the National Fire Pro- tection Association and Occupational Safety and Health Administration. RECOMMENDATION: Approve contract amendment with Burns and McDonnell in he amount of$49,350. BACKGROUND rilb‘ In 2011, the city entered into a contract with Burns and McDonnell for engineering services re- lated to an arc flash study in various city buildings. The arc flash study is required by the Na- tional Fire Protection Association (NFPA) which also produCes the National Electric Code. This standard is recognized and enforced by the Occupational Safety and Health Administration (OSHA) and the Illinois Department of Labor (IDOL). An arc flash is the release of energy caused by a short circuit. The arc flash has the potential to cause sEivere injuries or even death. The arc flash analysis studies the potential level of hazard at various points in the system and provides proper labeling, in accordance with the standard, including the proper level of protective equipment needed to work on or around the electrical eqUipment. The study will also identify potential changes to the system that can reduce hazard levls. OPERATIONAL ANALYSIS Every day technicians on the city's staff as well as contractors have to work on or around elec- trical equipment for the proper operation and service of that equipment. NFPA and OSHA re- quire that an arc flash analysis be done at all facilities to reduce the hazards to those people. This amendment to the contract allows for the continuaticin of the arc flash analysis started in 2011. The city anticipates amending the contract with Burs & McDonnell to include one addi- tional phase in 2013 pending approval of the budget. (1Pb' . . ` INTERESTED PERSONS CONTACTED None. *~ FINANCIAL ANALYSIS The proposed amendment of$49,350 for phase 2 of the ARC Flash Study will increase the pro- fessional services agreement with Burns& McDonnell to $95,750. Additional funding will be required in 2013 to complete this p 'ect. BUDGET IMPACT FUND(S) ACCOUNT(S) PROJECT#(S) AMOUNT AMOUNT BUDGETED AVAILABLE Riverboat 275-0000-791.93-36 KN00802 $50,000 $50,000 LEGAL IMPACT Burns & McDonnell was selected through a request for proposal (RFP) process in 2011 by a team of staff members as the best qualified to complete this prject. ALTERNATIVES 1. The city council may choose not to amend the contract with Burns and McDonnell and ^r begin a new RFP process for engineering services. 2. The city council may choose not to amend the contract with Burns and McDonnell and stop the arc flash study process and not meet OSHA and NFPA requirements. NEXT STEPS Once the contract is amended, complete phase 2 of the pr 'ect. Originators: Rich Hoke, Building Maintenance Superintendent Final Review: Colleen Lavery, Chief Financial Officer William A. Cogley, Corporation Counsel/Chief Development Officer Richard G. Kozal, Assistant City Manager/Chief Operating Officer Sean R. Stegall, City Manager ‘411) 2 ATTACHMENTS A. Contract Amendment r bi 3 AMENDMENT AGREEMENT No. 1 THIS AMENDMENT AGREEMENT No. 1 is hereby made and entered into this day of , 2012, by and between the City of Elgin, Illinois, a municipal corporation 4111) (hereinafter referred to as the "City"), and Bums & McDonnell Engineering Company, Inc, a Missouri corporation (hereinafter referred to as "Engineer"). WHEREAS, the City and Engineer hereto have previously entered into an agreement dated August 24, 2011, wherein the City engaged the Engineer to furnish certain professional services in connection with the Arc-Flash Study (hereinafter referred to as "Original Agreement" and the "Project"); and WHEREAS, the parties hereby have each determined it to be in their best interests to amend Original Agreement; and WHEREAS, the City has determined that the proposed scope of the PROJECT should be modified to include phase II of the Arc-Flash Assessment; and WHEREAS, the amended contract price for the Original Agreement will be increased to a total amount of$95,750, which is an increase of$49,350, from the original concrete price; and NOW, THEREFORE, for and in consideration of the mutual undertakings as provided herein, and other good and valuable consideration, the sufficiency of which is hereby mutually acknowledged,the parties hereto agree as follows: 1. "The above recitals are incorporated into and made a part of this agreement as if fully recited hereby." 2. Attachment A, 1. Scope of Services, of the Original Agreement is hereby amended by adding to Task 1: Arc-Flash Assessment to include additional locations as outlined in attachment B: 3. For services identified in Attachment "B" to this Amendment Agreement No. 1 the ENGINEER shall be paid on a lump sum basis a total fee not to exceed $49,350, regardless of the actual costs incurred by the ENGINEER unless substantial modifications to the scope of the work are authorized in writing by the DIRECTOR. 5. The changes provided to the Original Agreement as provided in this Amendment Agreement No. 1 are germane to the Original Contract as signed and this Amendment Agreement No. 1 is in the best interests of the City of Elgin and is authorized by law. 6. That except as amended in this Amendment Agreement No. 1 the Original Agreement shall remain in full force and effect. 7. That in the event of any conflict between the terms of the Original Agreement, and the provisions in this Amendment Agreement No. 1, the provisions of this Amendment Agreement No. I shall control. IN WITNESS WHEREOF, the undersigned have entered int io and executed this Amendment Agreement as of the date and year first written above. CITY OF ELGIN CONSULTANT By: By: City Manager Its Associate Vice President Attest: Attest: City Clerk Its Secretary (11.14 Attachment B Amendment Agreement No. 1 Arc-Flash Study LOCATION UNIT COST Bluff City Cemetery $1,500. Fire Station 1 $1,950. Fire Station 2 $1,950. Fire Station 3 $1,950. Fire Station 4 $1,950. Fire Station 5 $1,950. Fire Station 6 $1,950. Fire Station 7 $1,950. Hemmens Auditorium $3,000. Lords Park Maint. Garage Lords Park Museum Lords Park Pavilion $2,700. Old Main Building $1,800. Veterans Park $1,500. Walton Island $1,500. Police Station $6,600. The Centre $12,300. Wing Park Golf 41) Wing Park Maint. Wing Park Pool Wing Park $4,800. ELGIN THE CITY IN THE SUBURBS- DATE: May 9, 2012 TO: Rich Hoke, Building Maintenance Superintendent FROM: Jennifer Quinton, Deputy City Clerk SUBJECT: Resolution No. 12-79 Adopted at the April 25, 2012, Council Meeting Enclosed you will find the agreement listed below. Please distribute this agreement to the other party and keep a copy for your records if you wish. If you have any questions please feel free to contact our office 847-931-5660 and we will do our best to assist you. Thank you. • Amendment Agreement No. 1 with Burns & McDonnell Engineering Company, Inc. for Arc-Flash Study (Phase II)