92-0812 Clark Dietz Inc. 2.1.,1t..'•
RESOLUTION
AUTHORIZING EXECUTION OF AN ENGINEERING SERVICES CONTRACT
AMENDMENT #5 WITH CLARK DIETZ, INC. FOR THE
SLADE AVENUE FACILITIES
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Larry L. Rice, City Manager, and Dolonna Mecum,
City Clerk, be and are hereby authorized and directed to
execute an Engineering Services Contract Amendment #5 on
behalf of the City of Elgin with Clark Dietz, Inc. for the
Slade Avenue Facilities, a copy of which is attached hereto
and made a part hereof by reference.
s/ George VanDeVoorde
George VanDeVoorde, Mayor
Presented: August 12, 1992
Adopted: August 12, 1992
Omnibus Vote: Yeas 7 Nays 0
Recorded:
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
l
Engineering Services Contract Amendment #5
City of Elgin
Slade Avenue Facilities
The CONTRACT AMENDMENT #5, made as of the of f 1992,
by and between the City of Elgin, Illinois (hereinafter cal d the CLIENT)
and Clark Dietz, Inc. , Champaign, Illinois (hereinafter called CDI) .
WITNESSETH, THAT WHEREAS, the CLIENT and CDI have previously entered into
an Engineering Service Agreement dated the 14th day of September, 1989 and
Contract Amendment #1 dated the 31st day of October, 1990 and Contract
Amendment #2 dated the 22nd day of May, 1991 and Contract Amendment #3
dated the 24th day of January, 1992 and Contract Amendment 4 dated the
26th day of March 1992 for professional services on the design and
construction of the Slade Avenue Facilities (hereinafter called the
PROJECT) for a lump sum of Four Hundred Seventy-Eight Thousand One Hundred
Thirteen and No/100 Dollars ($479,113.00) .
Whereas, the Engineering Services Contract includes Sections covering
Additional Services of CDI and the Client' s Responsibilities and whereas
CDI has identified the following additional services and associated costs:
Additional Project Scope
1 . The construction of the project has extended
beyond the time anticipated by the Engineering
Services Agreement and subsequent Contract
Amendments. As a result, significant
additional construction administration
services are required by the Engineer. - $39,000.00
2. The City desires to improve the roadways and
landscaping of the Slade Avenue facility. The
design and bidding of this work was not
included in the Engineering Services Agreement
or subsequent Contract Amendments. The Scope
of Work of the additional services includes
the following:
Prepare a preliminary roadway plan for
the Slade Avenue Site.
Prepare a final design of the roadway
after approval of the preliminary plan by
the City.
Page 1 of 2
Provide base maps of the site as required
by the City's landscaping consultant.
Coordinate work on the site with the
landscape plan developed by the City's
landscaping consultant and design the
utilities for the fountain designed by
the landscaping consultant.
Prepare Contract Documents for the
roadway and landscape construction
incorporating Drawings and Specifications
prepared by the City's landscaping
consultant.
Provide bidding assistance. $23.000.00
Total Engineering Increase $62,000.00
The circumstances making these changes necessary were not reasonably
foreseeable at the time the contract was signed.
Therefore, the City of Elgin and Clark Dietz, Inc. mutually agree to
increase the total contract lump sum amount by $62,000.00 to Five
Hundred Forty-One Thousand One Hundred Thirteen and No/100 Dollars
(541,113.00) .
In witness whereof, the parties hereto have caused this AMENDMENT to be
executed as of the day and year hereinabove set forth.
OWNER ENGINEER
CITY OF LGIN CLARK DIETZ, INC.
- By:
Vice p��
Attest: a)-L �..�,et.c�, Attest: C!-C. ..6a. J. i i' g
/ /
Page 2 of 2
c:\elgin\conam5
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Elmn
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(ow Agenda Item No.
TO: Mayor and Members of the City Council
FROM: City Manager
DATE: July 17, 1992
SUBJECT: APPROVAL OF CONTRACT AMENDMENT #5 WITH CLARK DIETZ,
INC.
PURPOSE:
This memorandum will provide the Mayor and Council with
information to consider award of contract amendment #5 to Clark
Dietz, Inc. , for additional services at the Slade Avenue
facility.
BACKGROUND:
This contract amendment covers two areas of additional
engineering services with CDI :
A. The first is for extended services in the
administration of the construction contract with
Wil-Freds Construction, Inc. As noted in the attached
letter dated June 18, 1992, from Charles E. Park of
CDI, the City has notified Wil-Freds Construction that
the project has exceeded the completion date and that
the City will be assessing liquidated damages for 142
days and additional engineering costs for a total of
$76,870 . 63 . Also refer to the attached letter dated
July 6, 1992, from CDI, which outlines these delays,
and their request for additional compensation due to
current delays.
B. The second part of this contract amendment is for
additional services involving the design and bidding
services for the roadway and landscaping of the Slade
Avenue facility as prepared by EDAW and presented
under separate Council memo. Please refer to the
contract amendment item #2 for a list of services.
tow
eft Page 2
FINANCIAL IMPACT:
A. Additional services required by CDI due to the
construction delays caused by Wil-Freds Construction
may be recoverable under liquidated damages, and
$39,000 is projected for an additional six months of
service.
B. The Public Works/Water Department' s 1992 budget
contains $290,000 within appropriation #390-991-9919
for roadway and landscaping services at the Slade
Avenue facility. Of this total, $50,000 was estimated
for engineering services . This request is for $23,000 .
RECOMMENDATION:
It is recommended that the City Council accept contract
amendment #5 with CDI for $62,000 and direct City staff to
prepare e resolution.
City Aa• -ger
LLR:LED: jk 01140713. 192
Attachments
cc: James L. Kristiansen, Public Works Director
coi
CLARK DIETZ, INC.
eik
June 18, 1992
Mr. H. W. Kleyweg
Project Manager
Wil-Freds Construction, Inc.
274 E. Indian Trail
Aurora, Illinois 60505
Re: Elgin Slade Avenue
Dear Mr. Kleyweg:
Based on the delay time the City of Elgin is willing to agree to at this
time (ref. my letter of June 17, 1992) , Substantial Completion for this
project was 142 days beyond the contractual substantial completion date.
As a result, the City has directed us to withhold Liquidated Damages from
Wil-Freds next pay request in compliance with the Contract Documents. I
have calculated the Liquidated Damages as follows:
142 Days X $250/Day $ 35,500.00
Engineering Costs From 1/13 - 5/31 $ 41,370.63
Total $ 76,870.63
Since your current pay request is not sufficient to cover the liquidated
damages, we will not process a pay request this month.
Please note that additional Liquidated Damages may be assessed if you fail
to complete the project prior to the final contract completion date. In
addition, the City may incur and asses to Wil-Freds additional engineering
and legal fees related to your failure to attain Substantial Completion as
specified.
Please provide a revised schedule for the remainder of this project.
Sincerely,
AOF Elg-Lgayc
Charles E. Park
UN 2 2 1992
cc: Mr. Jim Kristiansen, Director of Public Works
Mr. Larry Deibert, Director of Water Operations CITY OF ELGIN
Mr. Richard Christiansen, CDI ENGINEERING DEPT.
Mr. John Callan, CDI
te• United States Fidelity and Guaranty Company
Clark Dietz, Inc.
1817 S. Neil, Suite 100
P.O. Box 676
Champaign, IL 61824-0676
217/373-8900 ENGINEERS ARCHITECTS
CD I CLARK DIETZ, INC.
eft
July 6, 1992
Mr. James Kristiansen Q
Director of Public Works
City of Elgin
- 150 Dexter Court JUL 0 7 1992
Elgin, IL 60120-5555
CITY OF ELGIN
Re: Slade Avenue Delays ENGINEERING DEPT.
Dear Mr. Kristiansen:
This letter is in response to your request for a summary of the delays in
the construction of the Slade Avenue facility and the actions taken to
date. Following is a brief summary, referencing attachments:
1. The original Substantial Completion date for the project was October
31, 1991 with a Final Completion date of June 30, 1992. Change Orders
resulting from unexpected site conditions early in the project
resulted in a Substantial Completion date of December 12, 1992 and a
Final Completion date of August 11, 1992. No additional time
extensions have been granted at this time.
2. After many requests from both CDI and the City, Wil-Freds presented a
letter dated March 24, 1992 requesting 215 days time extension plus
unspecified costs associated with those delays. See Attachment No. 1.
3. On April 29, 1992 the City responded to Wil-Freds request at a meeting
between representatives of Wil-Freds, the City and CDI. The City
offered to Wil-Freds to waive liquidated damages on the project if
Wil-Freds would achieve Substantial Completion by May 11, 1992 and
Wil-Freds would waive any claims for delay costs. Wil-Freds failed to
respond to the proposal . See Attachment No. 2 for a copy of the
proposal given to Wil-Freds.
4. On June 16, 1992 CDI transmitted a Substantial Completion Certificate
and Punch List to Wil-Freds. The certificate indicated a Substantial
Completion date of June 3, 1992. See Attachment No. 3.
5. On June 17, 1992 CDI formally responded to Wil-Freds letter of March
24, 1992. The response offered Wil-Freds 31 days time extension,
resulting in a Substantial Completion date of January 13, 1992 and a
•
Final Completion date of September 13, 1992. The response rejected
claims for additional cost. See Attachment No. 4.
Clark Dietz, Inc.
1817 S. Neil, Suite 100
PO Box 676
Champaign, IL 61824-0676
217/373-8900 ENGINEERS ARCHITECTS
f •
emk Mr. James Kristiansen
July 6, 1992
Page 2 of 2
6. On June 18, 1992 CDI informed Wil-Freds that the City had directed CDI
to withhold $76,870.63 in Liquidated Damages from future pay
requests. See Attachment No. 5.
- 7. On June 30, 1992, Wil-Freds returned the Substantial Completion
Certificate and informed that Wil-Freds is unwilling to sign the
certificate. Wil-Freds cited disagreement with the date and
definition of Substantial Completion but did not detail their
reasons. The letter also stated that the City and CDI are delaying
Wil-Freds completion of the project. See Attachment No. 6.
Because of the delays in completion of the project, CDI is nearing the end
of the contract amount available for this project. As a result, I
submitted a request for a contract amendment in the amount of $39,000 on
June 12, 1992 (See Attachment No. 7) . Please note that the last contract
amendment received by CDI related to the Slade Avenue facility was based
on construction completion by March 1, 1992. At the City's request, we
reduced the level of on-site engineering effort in order to attempt to
complete the project without another contract amendment. With continuing
delay by Wil-Freds in project completion plus the strong potential of a
legal action by either the City or Wil-Freds, the remaining engineering
eiwk
budget will not be adequate.
Please call if I can provide further information related to the requested
contract amendment.
Sincerely,
a-e4e1%;7
Charles E. Park
cc: Mr. Larry Deibert, Director of Water Operations
Mr. Richard Christiansen, CDI
r