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97-220 Resolution No. 97-220 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT NO. 1 TO AN AGREEMENT WITH BAXTER & WOODMAN, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5 . 02 . 020B( 6 ) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED that Robert O. Malm, Interim City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute Amendment No. 1 to an Agreement on behalf of the City of Elgin with Baxter & Woodman, Inc. for the Tyler Creek Interceptor Sewer - Phase V engineering services, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly Kevin Kelly, Mayor Presented: August 27, 1997 Adopted: August 27 , 1997 Omnibus Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk (OFF, Cs/ ti. Agenda Item No. City of Elgin a Aa TEP EEO.. August 6 , 1997 TO: Mayor and Members of the City Council FROM: Robert O. Malm, Interim City Manager SUBJECT: Amendment No. 1 to an Agreement with Baxter & Woodman PURPOSE The purpose of the memorandum is to provide the Mayor and members of the City Council with information to consider Amendment No. 1 to an agreement with Baxter & Woodman to add design services in connection with the preparation of plans, specifications, estimates of cost, and bidding for a lateral sanitary sewer to serve the Industrial Developments International ( IDI ) and Schick properties as part of the Tyler Creek Interceptor Sewer - Phase V Project. BACKGROUND At its meeting of March 5, 1997 , the City Council authorized an agreement with Baxter & Woodman for the preparation of plans, specifications , estimates of cost and bidding engineering services for the Tyler Creek Interceptor Sewer - Phase V (TCIS-V) project. The annexation agreement with IDI requires the completion of this interceptor sewer by June 30, 1999 , which will serve the south portion of the development . The City Council memorandum and original agreement are attached as Exhibit A. In order for the IDI development to connect into the TCIS-V, a lateral sanitary sewer needs to be constructed north under the Chicago, Milwaukee, St. Paul and Pacific Railroad tracks . This lateral sewer will serve both a portion of the IDI property and the property commonly referred to as the Schick property. IDI has requested that the City design and construct this lateral sewer main. IDI has agreed to pay for their portion of the lateral sewer through a recapture ordinance. The recapture ordinance will also recover the remainder of the design and construction costs from the Schick property when it develops . A project location map is attached as Exhibit C. } Amendment No. 1 to an Agreement with Baxter & Woodman August 6 , 1997 Page 2 ew COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. FINANCIAL IMPACT It is anticipated that the TCIS-V project costs will total $2, 260, 000 of which half was budgeted in 1997 and the remainder will be budgeted in 1998 . The 1997 Sewer Fund (account number 397-4200-795 . 92-41, project number 339558 ) included $1, 130, 000 as the first half . Neither the fund nor the project included funds for design and construction of the lateral . The cost of the lateral sewer design ( $16, 000) can be accommodated this year within the account mentioned above . Additional funding may need to be identified in the 1998 budget should cost of lateral and interceptor exceed the current budget. Reimbursement for the City' s cost will be made as the property develops, including the commitment from IDI . The Amendment No. 1 is attached as Exhibit B. LEGAL IMPACT The proposed contract amendment with Baxter & Woodman does not appear to constitute a proper change order, nor does the contract amendment meet the strict criteria of a sole source contract . The proposed work is not directly related to the original work but instead constitutes a separate, private improvement to allow the adjacent property owners to tie into the sewer. In the event the City Council proceeds to award this contract, Elgin Municipal Code Section 5 . 02 . 020B( 6 ) requires a finding in the authorizing resolution that an, exception to the requirements of the procurement ordinance is necessary and in the best interests of the City. The contract may be authorized only by a vote of 2/3 of all members of the City Council holding office (5 votes ) . ALTERNATIVES None . Amendment No. 1 to an Agreement with Baxter & Woodman August 6, 1997 Page 3 RECOMMENDATION It is recommended that the City Council authorize the City Manager to execute Amendment No. 1 to the agreement with Baxter & Woodman in the not-to-exceed amount of $16 , 000 . 00 and adjust the total value of the amended agreement to $180, 000 . 00 . Respectfully submitted, Dv ` - / _l_ '��, David L. Lawry, P .E. , D' or of Public Works S . Malm Interim City Manager SP/do Attachment r r EXHIBIT A Council Memorandum Original Agreement r r ‘1.4 OF f CC, �' � Ci• ty of Elgin Agenda Item No. o • I -4.4TEDFE.4 March 4, 1997 TO: Mayor and Members of the City Council FROM: Robert 0. Malm, Interim City Manager SUBJECT: Engineering Services Agreement Tyler Creek Interceptor Sewer Phase V PURPOSE _ The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider entering into an agreement with Baxter & Woodman for the preparation of plans, specifications and cost estimates for the construction of the Tyler Creek Interceptor Sewer (TCIS) Phase V. BACKGROUND In the 1997 Budget, the City Council authorized the construction of the Tyler Creek/Northwest Interceptor Sewer Phase V in order to increase the development potential for the northwest portion of the City' s planning area. A proposed annexation agreement with Industrial Developments International ( IDI ) , requires the completion of this interceptor by June 30, 1999, which will serve the south portion of their development. The proposed sewer line is located west of Randall Road, north of Tyler Creek, and will generally follow the alignment of the Union Pacific Railroad right-of-way through City-owned land to a point of terminus west of the Soo Line Railroad Tracks . A location map is shown as Exhibit A. The scope of work within the subject agreement is for engineering and construction services . The fee quoted at this point, however, reflects only those costs associated with design services . The agreement will be amended to include construction services when a construction contract is presented to the City Council for an award. The project schedule anticipates engineering completion of design and plan preparation in late 1997 to allow for a January, 1998 r. construction bidding. The preliminary cost estimate for construction is $2 , 100, 000 . I Engineering Services Agreement/Tyler Creek • March 4, 1997 Page 2 Proposals were received on February 7 , 1997 from three firms : - Crawford, Murphy and Tilly (CMT) - Baxter & Woodman (B&W) - D. Carroll Engineering and Associates A staff selection committee evaluation of the three proposals was conducted, which resulted in B&W being the top-rated firm. A copy of the memorandum sent to the staff selection committee, as well_ as results of the selection process, are enclosed as Exhibit B. Upon selection, B&W met with staff to finalize the project scope and negotiate their fee. The final negotiated fee is $164, 000 . The tabulation of costs shown in Exhibit B shows that B&W submitted the highest fee. A comparison of the associated scopes of work submitted by all three firms indicates that Baxter and Woodman anticipated a higher level of effort toward work within an established high quality wetland. With consideration toward the sensitive nature of the proposed construction activity adjacent to Tyler Creek, staff concurs with the level of effort anticipated by Baxter and Woodman. Adjacent neighborhood groups and the "Friends of Tyler Creek" 41) expressed concerns over these areas during the IDI annexation process. Baxter and Wdodman has previously designed and inspected the Northwest Interceptor Sewer-Phase I (NWIS) . The NWIS project followed a route which was also located adjacent to Tyler Creek. The project was successfully permitted for construction through wetlands with little impact to these sensitive environments . The project is substantially complete and under budget. A copy of the proposed agreement is shown as Exhibit C. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. FINANCIAL IMPACT It is anticipated that the TCIS - Phase V project will total $2, 260, 000 . The project was included within the 1997 Sewer Fund budget, account number 397-4200-795 . 92-41 , project number 339558, in the amount of $1, 130, 000 . Funding is provided by the Sewer portion of the 1997 General Obligation Bond sale scheduled for spring, 1997 . The remaining $1, 130, 000 is proposed in the 1997-2001 financial plan in 1998 and scheduled to be funded by a 1998 General Obligation Bond sale. Engineering Services Agreement/Tyler Creek March 4 , 1997 Page 3 e LEGAL IMPACT None. ALTERNATIVES None. RECOMMENDATION It is recommended that the City Council approve the subject agreement with Baxter & Woodman in the not-to-exceed amount of $164 , 000 and authorize staff to execute the necessary documents . Respectfully submitted, David L. Lawry, P.E .:.-- D' or o Publi s ew Rob?rt O. Malm Interim City Manager TD/do Attachments r EXHIBIT A LOCATION MAP • r TYLER CREEK INTERCEPTOR SEWER PHASE SZ. 'EP V441 � L p NO SCALE 0z r APPROXIMATE PROJECT 0 1 LOCATION Q` • -+ r • i RANDALL RD. 7 • CITY OF ELGIN, ILLINOIS TYLER CREEK INTERCEPTOR SEWER - PHASE V ENGINEERING SERVICES AGREEMENT ENGINEERING SERVICES AGREEMENT AMENDMENT NO. 1 THIS AMENDMENT NO. 1 entered into this ,„,/vn day of S CPT-, 1997, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY"), and Baxter & Woodman, Inc., an Illinois Business Corporation (hereinafter referred to as "ENGINEER"), shall modify that Agreement dated 27 March 1997, whereby the ENGINEER was engaged by CITY to perform certain professional services in connection with the preparation of plans, specifications, estimates of cost, and bidding and preconstruction award services for the Tyler Creek Interceptor Sewer - Phase V (hereinafter referred to as "PROJECT". WHEREAS, the services did not include design of a lateral sanitary sewer to serve a portion of the area north of the Chicago, Milwaukee, St. Paul and Pacific Railroad tracks, commonly known as the Industrial Developments International (IDI) and Schick properties, AND WHEREAS, the CITY desires the ENGINEER to provide preliminary and final design services for said lateral sewer. 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 1 of the AGREEMENT is hereby amended to replace Paragraph C with the following: BAXTERE R Fri. 4 WOODMAN 1. Preparation of the Final Design Documents for the Tyler Creek Interceptor Sewer - Phase V. The interceptor sewer extends approximately 4,700 feet from the existing receiving manhole near Randall Road to approximately 100 (one-hundred) feet west of the intersection of the Union Pacific Railway Co. Railroad tracks and the Chicago, Milwaukee, St. Paul and Pacific Railroad tracks, ENGINEER's Project No. 970068. 2. Preparation of a preliminary design report for a lateral sewer to serve a portion of the area located north of the Tyler Creek Interceptor Sewer - Phase V, the area is commonly referred to as the Industrial Developments International (IDI) and Schick properties, ENGINEER's Project No. 970068. 3. Preparation of the Final Design Documents for the portion of the lateral sewer needed to convey wastewater from the IDI property to the Tyler Creek Interceptor Sewer - Phase V. The lateral sewer extends approximately 700 feet northerly from the Tyler Creek Interceptor Sewer to approximately 50 (fifty) feet north of the Chicago, Milwaukee, St. Paul and Pacific Railroad tracks. The lateral sewer and interceptor sewer will be combined in a single construction project to be known as the Tyler Creek Interceptor Sewer - Phase V. 4. Performance of bidding and preconstruction award services for the Tyler Creek Interceptor Sewer - Phase V, consisting of the following: a. Bid Document Printing b. Bid Document Distribution c. Pre-Bid Meetings d. Bid Evaluations e. Recommendation for Award SECTION IV of the AGREEMENT is hereby amended to replace paragraphs A, B, C and D with the following: A. The CITY shall reimburse the ENGINEER for professional services described in Paragraphs I.C.1, I.C.2, I.C.3, and I.C.4 based on the - 2 - B A X T E R WOODMAN ENGINEERS' hourly rates of compensation for work time performed plus expenses. The ENGINEERS' fee including reimbursable expenses shall not exceed$100,000, regardless of actual costs incurred by the ENGINEER unless substantial modifications to the PROJECT are authorized in writing by the CITY. B. The CITY shall make periodic payments to the ENGINEER based upon actual progress within thirty (30) days after receipt and approval of invoice. The total value of said periodic payments to the ENGINEER shall not exceed the amounts shown in the following schedule, and the final payments for each task shall not be made until the task is completed and accepted by the DIRECTOR. Preliminary and Final Design Documents $ 95,000 Assistance During Bidding 5,000 Total $100,000 C. The ENGINEER shall make necessary arrangements and employ qualified subconsultants, subject to approval of the DIRECTOR, for the following work: 1. Geotechnical and soils investigations 2. Wetlands delineation and consultation 3. Trenchless sewer pipe installation methodology The CITY shall reimburse the ENGINEER for the direct cost of the above professional subconsultant services, an amount not to exceed eighty thousand ($80,000) Dollars without a modification to this Agreement by a change order or amendment. D. The total payments by the CITY under this Agreement under paragraphs IV.A and IV.0 shall not exceed One Hundred Eighty Thousand Dollars ($180,000) unless this Agreement is modified by a change order or amendment. - 3 - BAXTER 4 WOODMAN • 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 CIT ! ELGIN, ILLINOIS l r By WfhA--412__ By kW_ . ; City Clerk nterim City Manager (SEAL) For the ENGINEER: res Dated this -29 day of , A.D., 1997. ATTEST: BAXTER & WOODMAN, INC. By Zal,,Still By /62PaLsie./ Secretary President/CEO (SEAL) 970068\drg.mk Amendment No. 1 - 4 - B A X T E R WOODMAN