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95-172 Resolution No. 95-172 RESOLUTION AUTHORIZING EXECUTION OF ENGINEERING SERVICES AGREEMENT AMENDMENT NO. 1 FOR THE NORTHWEST INTERCEPTOR SEWER PHASE I BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard B. Helwig, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an Engineering Services Agreement Amendment No. 1 on behalf of the City of Elgin with Baxter & Woodman, Inc. for the Northwest Interceptor Sewer Phase I, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly Kevin Kelly, Mayor Presented: August 9 , 1995 Adopted: August 9 , 1995 Omnibus Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk Committee of the Whole Meeting April 26, 1995 Page 6 Meetings Act. Yeas : Councilmembers Gavin, Gilliam, McKevitt, Schock, Walters, Yearman, and Mayor Kelly. Nays : None. The meeting recessed at 7 :43 p.m. The meeting resumed at 9 : 12 p.m. Cat Legislation A discussion was held concerning a request from citizens for legislation prohibiting cats from being allowed to roam at large. Linda Castle, Executive Director of the Anderson Animal Shelter, stated that the shelter favors enactment of an ordinance requiring cats to be kept on leashes as Geneva and St. Charles have done and which she understands is working. She said that leash laws enable cats to live longer, and it reduces the feral cat population. The shelter also favors differential licensing fees depending on whether the cats are neutered or not. Councilmembers expressed concern regarding the enforceability and cost of enforcement of a leash law. Staff was directed to review the issue, bring back a recommendation, and furnish an estimate of the cost of enforcement. Recommendation of the Neighborhood Services Committee for Various Stop Sign Installations Councilman Walters made a motion, seconded by Councilman Schock, to approve the installation of stop signage at Annandale Drive at Mission Hills Drive and Mohawk Drive at Patricia Drive. Yeas : Councilmembers Gavin, Gilliam, McKevitt, Schock, Walters, Yearman, and Mayor Kelly. Nays: None. Sherman Hospital Dedication/Capital Street Right-of-way Councilwoman Yearman made a motion, seconded by Councilman Gavin, to accept the right-of-way dedication, the access easement, and the recapture ordinance and authorize the City Manager to execute the documents and return them to Sherman Hospital for recording. Yeas : Councilmembers Gavin, Gilliam, McKevitt, Schock, Walters, Yearman, and Mayor Kelly. Nays: None. Amendment No. 1 to Construction Engineering for the Northwest Interceptor Sewer Phase I Councilman Schock made a motion, seconded by Councilman Walters, to authorize the City Manager to execute Amendment No. 1 to the agreement with Baxter and Woodman, Inc. , in the not-to-exceed amount of $270,000 . 00 . Yeas: Councilmembers Gavin, Gilliam, McKevitt, Schock, Walters, Yearman, and Mayor Kelly. Nays: None. CITY OF ELGIN, ILLINOIS NORTHWEST INTERCEPTOR SEWER PHASE I ENGINEERING SERVICES AGREEMENT AMENDMENT NO. 1 This Amendment No. 1 entered into this /? day of ,j , 1995, by and between the City of Elgin, an Illinoi's unicipal corporation (hereinafter referred to as "CITY" ) and Baxter and Woodman, Inc. , Consulting Engineers, an Illinois Business Corporation (hereinafter referred to as "ENGINEER" ) , shall modify that Agreement dated 18 October 1993, whereby the ENGINEER was engaged by CITY to perform certain professional services in connection with the preparation of plans, specifications, estimates of cost, and construction related engineering services for the Northwest Interceptor Sewer, Phase I (herein after referred to as "PROJECT" ) . Whereas the payment to the ENGINEER for construction engineering related sersssvices was not included in the Agreement, and, Whereas the CITY desires to include the payments to the ENGINEER under paragraph IV C of the Agreement in connection with the construction administration, construction observation and quality control of the construction phase of the PROJECT. In response to these additional services, certain revisions must be made to the Agreement. In compliance, therefore, 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 amended to replace paragraph C. and add paragraphs D, E, and F. C. The ENGINEERS ' fee for the construction related services shall be a reimbursement for all actual direct employee compensation, overhead, and expenses plus 14 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 is estimated not to exceed $270,000, ENGINEERS ' Project No. 940371 . D. The compensation for engineering services set forth in Paragraph C 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 -2- construction contract documents states that the City can deduct overtime engineering costs from payments to the construction contractor. E. The compensation set forth in Paragraph C 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 C 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. F. The compensation set forth in Paragraph C 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 for the PROJECT. Attachment A - Scope of Services of the AGREEMENT is hereby amended to add the following paragraphs to the CONSTRUCTION SERVICES Section: 14 . Modify the Final Design Documents to incorporate a sanitary sewer section beneath the Metra railroad tracks to the North Regional Wastewater Treatment Plant owned and operated by the Fox River Water Reclamation District (FRWRD) . 15. Provide a benchmark survey to resolve the discrepancy between the CITY benchmark and the FRWRD benchmark. Set temporary benchmarks at each sewer shaft location. 16 . Pay fees for railroad license agreements and easement documents needed by the City to obtain legal authority to construct the sewer, and for additional soil borings and analysis during the design work. All other provisions of the AGREEMENT shall remain in full force and effect. 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 1 By / '�'C'� �'" By ��. City C erk City Manager I (SEAL) (SEAL) For the ENGINEER: / 2 Dated this /1 day of , A.D. , 1995 . ATTEST: BAXTER & WOODMAN, INC. By 44tt.2_,6e te Secretary President/CE. 930471 - 3 -