97-26 Resolution No. 97-26
RESOLUTION
AUTHORIZING EXECUTION OF AMENDMENT NO. 2 TO AN AGREEMENT WITH
BAXTER & WOODMAN, INC. FOR THE NORTHWEST INTERCEPTOR SEWER
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Robert 0. Malm, Interim City Manager, and
Dolonna Mecum, City Clerk, be and are hereby authorized and
directed to execute Amendment No. 2 to an Agreement on behalf
of the City of Elgin with Baxter & Woodman, Inc. for
engineering and inspection services 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: January 22, 1997
Adopted: January 22 , 1997
Omnibus Vote: Yeas 6 Nays 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
CITY OF ELGIN, ILLINOIS
NORTHWEST INTERCEPTOR SEWER
PHASE I
ENGINEERING SERVICES AGREEMENT
AMENDMENT NO. 2
This Amendment No. 2 entered into this - day of , 1996, by and between
the City of Elgin, an Illinois municipal corporation (hereinafter referred to as the
"CITY") and Baxter & Woodman, Inc., Consulting Engineers, an Illinois Business
Corporation, (hereinafter referred to as "ENGINEER"), shall modify that Agreement
dated October 18, 1993, and amended July 13, 1995, 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 (hereinafter referred
to as "PROJECT").
Whereas the maximum payment to the ENGINEER for construction engineering
related services was based on the substantial and final completion dates in the CITY'S
contract with the construction contractor and,
Whereas the construction contractor will not complete the construction work on or
before the substantial or final completion dates,-and,
Whereas the failure of the construction contractor to complete the construction work
on or before the substantial and final completion dates is beyond the control of the
ENGINEER, and,
Whereas the CITY wants the ENGINEER to provide construction related engineering
services until the contractor fully completes the construction work,
Therefore, certain revisions to 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. with
the following:
C. The ENGINEERS' fee for the construction related services shall be a reimburse-
ment 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
BAXTER
411 1
WOODMAN
Consulting Engineers
•
to serve and profit. The costs, expenses and profit for such services is estimated not
to exceed $310,000, ENGINEERS' Project No. 940371.
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
By By AI
/
City lerk City Manager
(SEAL)
For the ENGINEER:
Dated this 20 day of 4, , A.D., 1996.
ATTEST: BAXTER & WOODMAN, INC.
Bye 1 ) By
Secret ry President/CEO �
(SEAL)
930471
�toR
B A X T
11111 4
WOODMAN
Conw16lig Eng7'Jeers
y OF ,
1;7
ti4 Agenda Item No.
—City of Elgin
January 2, 1997
TO: Mayor and Members of the City Council
FROM: Robert O. Malm, Interim City Manager
SUBJECT: Amendment No. 2 - Construction Engineering:
Northwest Interceptor Sewer Phase I
PURPOSE
The purpose of this memorandum is to provide the Mayor and
members of the City Council with information to consider
Amendment No. 2 to an agreement with Baxter and Woodman, Inc.
for additional construction-related engineering and
inspection service fees due to the extended project
completion schedule.
BACKGROUND
At its meeting of April 26, 1995, City Council authorized
Amendment No. 1 to an agreement with Baxter & Woodman, Inc.
for construction related engineering and inspection services
for the Northwest Interceptor Sewer.
This Amendment No. 2 will reimburse Baxter & Woodman for
additional costs for construction inspection services for
additional time on the project. The time is attributable to
the contractor not completing the project by the contract
completion date. The fee incurred for additional services
will be approximately $40,000 and is sufficient to complete
the project. The fee is offset by liquidated damages of
approximately $71,900 assessed against the contractor for
failing to complete the project by the contract completion
date. The liquidated damages have been deducted from the
contractor's payments. However, the contract will not be
completely closed until the second quarter of 1997 when site
restoration is complete. The contractor may dispute the
liquidated damages, even though, in the opinion of the City
and the project engineer, the claim is justified.
Pursuant to the City's contract with Michels Pipeline, Inc. ,
the project was to be substantially completed by July 2,
rft- 1996. The final completion date for the project was September
30, 1996 . The project was substantially complete on September
30, 1996 or 90 days late. The project was completed on
December 3, 1996, or 64 days after the substantial completion
date. Failure to meet the substantial completion date
Amendment No. 2-Construction Engineering
NW Interceptor Sewer Phase I (SS06)
January 2, 1997
Page 2
resulted in an assessment of $49,500 ($550/day X 90 days) and
failure to meet the completion date resulted in an assessment
of $22,400 ($350/day X 64 days) for a total assessment of
$71,900.
A copy of Amendment No. 2 is attached as Exhibit A. A copy of
Amendment No. 1 and City Council action is attached as
Exhibit B.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None.
FINANCIAL IMPACT
The amount of Amendment No. 1 for construction engineering
and inspection services was in the not-to-exceed amount of
$270,000 and approved by the City Council on April 26, 1996 .
Amendment No. 2 will provide an additional amount of $40,000
and revise the not-to-exceed figure to $310,000. There will
be no increase to the project costs, budgeted in Account No.
395-4200-795.92-32, Project No. 339506 ( 1995 Bond Fund -
Northwest Interceptor Sewer Phase 1) , because the proposed
amended increase is less than the accrued liquidated damages.
LEGAL IMPACT
None.
ALTERNATIVES
None.
RECOMMENDATION
It is recommended that City Council authorize the City
Manager to execute Amendment No. 2 to the agreement with
Baxter and Woodman, Inc. in the not-to-exceed amount of
$310,000.
Respectflly submitted,
David L. Lawry, P.E.
Direc or of Public for s
.r1/ , /
Ro. -rt • . Malm
Interim City Manager
SP/do
Attachments