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Home My WebLink About13-127 Resolution No. 13-127 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 1 WITH BURNS &MCDONNELL ENGINEERING COMPANY, INC. FOR ADDITIONAL CONSTRUCTION ENGINEERING SERVICES IN CONNECTION WITH THE AIRLITE WATER TREATMENT PLANT IMPROVEMENT PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute amendment agreement No. 1 with Burns & McDonnell Engineering Company, Inc. on behalf of the City of Elgin for additional construction engineering services in connection with the Airlite Water Treatment Plant Improvement Project, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: August 14, 2013 Adopted: August 14, 2013 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk l AMENDMENT AGREEMENT No. 1 THIS AMENDMENT AGREEMENT No. 1 is hereby made and entered into this 14th day of August , 2013, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as the "City"), and Burns & 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 September 28th, 2011 wherein the City engaged the Engineer to furnish certain professional services in connection with the Consulting Engineering Services for the Construction Phase of the Airlite Water Treatment Plant improvement Project (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 additional full-time construction engineering services from February 1, 2013 to April 30th, 2013 relating to liquidated damages from the contractor; and engineering services to mitigate water hammer occurring at the Airlite Water Treatment Plant that is affecting transfer pump performance. WHEREAS, the contract price for the Original Agreement is in the amount of$599,534.00, and the cost for the additional construction engineering services relating to liquidated damages from the contractor and engineering services to mitigate water hammer to be provided pursuant to this Amendment Agreement No. 1 is in the amount of$93,190.49; and WHEREAS, the circumstances necessitating the change in performance contemplated by this amendment were not reasonably foreseeable at the time the Original Agreement No. 1 was signed; the changes contemplated by this Amendment No. 1 are germane to the Original Agreement as signed; and this Amendment Agreement No. 1 is in the best interest of the City and is authorized by law. 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. Section 1 of the Original Agreement is hereby amended by adding the following additional subparagraph D thereto to read as follows: "D. ENGINEER shall also provide additional full-time construction engineering Services relating to the .Airlite Water Treatment Plant Improvements Project as described in Attachment B, entitled," "ADDITIONAL CONSTRUCTION ENGINEERING SERVICES Airlite Water Treatment Plant Improvement Project Amendment No. 1 —Additional Construction Engineering Services attached hereto and made a part hereof. No Supplemental Services shall be performed by the ENGINEER nor shall the City be responsible for payment of any Supplemental Services unless and until such Supplemental Services are authorized in advance in writing by the City." 3. Section 4 of the Original Agreement is hereby amended by adding the following to the end thereof: "E. For additional services to be provided pursuant to this Amendment Agreement No. 1 as described in Attachment B, Engineer shall be reimbursed in accordance with the rate schedule included in Original Agreement, with a total fee for the services described in Attachment B not to exceed $93,190.49 regardless of the actual time or actual costs incurred by the ENGINEER unless substantial modifications to the Scope of Work are authorized in writing by the CITY. The aforementioned not-to-exceed fee includes all other direct costs incurred pursuant to and arising out of the Project which are not included in the invoiced rate for personnel. For purposes of clarification, the total not-to- exceed fees to be paid to the ENGINEER by the CITY are $599,534.00 pursuant to the Original Agreement and $93,190.42pursuant to this Amendment Agreement No. 1, with the total not-to-exceed fees pursuant to the Original Agreement and Amendment Agreement No. 1 totaling $692,724. 49." "F. A detailed Project Schedule for providing the Services described in Attachment"B" as attached hereto and made a part of hereof as Attachment B-1." 4. 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. 5. That except as amended in this Amendment Agreement No. 1 the Original Agreement shall remain in full force and effect. 6. 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. 1 shall control. IN WITNESS WHEREOF, the undersigned have entered into and executed this Amendment Agreement as of the date and year first written above. CITY OF E IN CONSULTAN By: By: ity Manager Attes : Attest: r City Clerk G% OFFICU►L,—— ERIN HART1W NOTARY PUBIC-STATE OF LUWS MY COMMISSION EXPIR MMSMI Attachment B ADDITIONAL CONSTRUCTION ENGINEERING SERVICES Airlite Water Treatment Plant Improvement Project Amendment No. 1 — Additional Construction Engineering Services 1. OVERALL 1. General: Burns & McDonnell Engineering Company, Inc. (Engineer) will serve as the City of Elgin's construction engineer providing full-time resident engineering services for the period of February 2, 2013 through April 30, 2013 and engineering services to mitigate booster (transfer) pump water hammer at the Airlite Water Treatment Plant. As such the Engineer will function as an extension of the City's staff and be responsible for providing construction engineering services for the project. The Engineer shall include implementation of City policies, program administration, coordination and monitoring of consultants and contractors providing overall management control and direction to document the construction of the Airlite Water Treatment Plant Improvement Project in accordance with the City's objectives of cost, time and quality. The Engineer will work closely with and report to the City Engineer or his designee. It shall be understood that the Engineer will act as the City Engineer on this project and shall coordinate with other City entities such as the Legal Department, City Clerk, Purchasing Director and Water Director. The Engineer shall be responsible for acting as the City Engineer on this project in regard to Federal, State and county issues as well. 2. Law: The Engineer is expected to understand all State, County and City Laws governing construction engineering services for the Airlite Water Treatment Plant Improvements Project. 2. CONSTRUCTION SERVICES a. Task 1 a - Provide Full Time Construction Resident Infector Burns & McDonnell will provide full time Resident Engineer/inspector on this Project. Steve will be responsible for construction observation and inspection services on the Project. This Amendment No. 1 proposal is based on providing these services from February 2, 2103 through April 30,2013 or a period of three months. Steve will be responsible for observing the work for conformance with the Contract Construction Documents,preparation of daily and weekly reports and notification to the City and Burns& McDonnell construction project manager of any items that are not in conformance with the Contract Construction Documents. Photo documentation will be provided as part of these services. Daily and weekly reports will be submitted to all parties as directed by the City. Burns&McDonnell will also provide additional support services as needed for the project. b. Task lb—Enizineering Support to Mitigate Water Hammer Burns &McDonnell will provide additional engineering services to mitigate a plant excessive water hammer(transient wave)occurring at the Airlite WTP and support with minor construction/operational issues. This work will include meeting with City staff, providing written recommendations for mitigating water hammer, providing procurement support and construction support. A total of 75 hours of support has been included in this task. c. Task 1 c—Project Closeout Support— Liquidated Damages Burns & McDonnell will provide engineering services as required to develop and present supporting documentation assist the City in negotiating or discussing liquidated damages due from the contractor. AttacMrart 8.1 Amendmant No.1-Additional Comtruotlorr F+Iginow619 SaMcea . vrqM sdr.mra City of Elgin-AlrGa Waar Tmzbnw t Plant InVm"mant PMo Jul-13 2013 une Task Ie-NM-Co Mb.Sv- TaskIb-Wabr Fbm Vk*ton